BOARD OF SELECTMEN v. CIVIL SERVICE COMMISSION


16 Mass. App. Ct. 388 (1983)

451 N.E.2d 1175

BOARD OF SELECTMEN OF NORTH ATTLEBOROUGH vs. CIVIL SERVICE COMMISSION.

Appeals Court of Massachusetts, Bristol.

July 26, 1983.


Attorney(s) appearing for the Case

Gerald J. Caruso, Assistant Attorney General, for the defendant.

Robert C. Bliss, Town Counsel, for the plaintiff.

Present: BROWN, KAPLAN, & DREBEN, JJ.


DREBEN, J.

Punishment duty of sixteen hours was imposed on Lawrence M. Wynn, a North Attleborough policeman. Wynn's request for a hearing pursuant to G.L.c. 31, § 62, was denied as untimely by the board of selectmen (board), North Attleborough's appointing authority. Wynn appealed to the Civil Service Commission (commission).

In those proceedings, the board moved to dismiss both on the ground that the commission lacked jurisdiction under

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