ASH v. POLICE COMMISSIONER OF BOSTON


11 Mass. App. Ct. 650 (1981)

418 N.E.2d 622

WILLIAM ASH vs. POLICE COMMISSIONER OF BOSTON & another.

Appeals Court of Massachusetts, Suffolk.

April 3, 1981.


Attorney(s) appearing for the Case

Frank J. McGee for the plaintiff.

Betty E. Waxman, Assistant Attorney General, for Personnel Administrator of the Division of Personnel Administration.

Mary McAuliffe for Police Commissioner of Boston.

Present: ARMSTRONG, GREANEY, & DREBEN, JJ.


DREBEN, J.

The plaintiff, a Boston police patrolman, took the civil service examination for promotion to police sergeant in November, 1974. Failing to achieve promotion, he brought an action in the Superior Court challenging the authority of the defendant Personnel Administrator to round off test scores to the nearest whole number. This method resulted in tie scores and increased the pool of certified applicants...

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