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SHERIFF OF PLYMOUTH COUNTY v. PLYMOUTH COUNTY PERSONNEL BOARD

440 Mass. 708 (2004)

SHERIFF OF PLYMOUTH COUNTY vs. PLYMOUTH COUNTY PERSONNEL BOARD & another.

Supreme Judicial Court of Massachusetts, Plymouth.

January 21, 2004.

Attorney(s) appearing for the Case

Mark S. Bourbeau for John Novero.

Norman Holtz for the plaintiff.

Mark C. Gildea, for Plymouth County personnel board, was present but did not argue.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

SPINA, J.

After being elected sheriff of Plymouth County in November, 2000, Joseph McDonough gave notice under G. L. c. 35, § 51,2 to John Novero, who had served as classification and treatment director of the Plymouth County house of correction for nine years, that his job would be eliminated as a result of a reorganization of the sheriff's department, and that a new position, director...

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