SISCA v. CITY OF FALL RIVER

No. 04-P-1756.

65 Mass. App. Ct. 266 (2005)

PETER SISCA & another v. CITY OF FALL RIVER & others.

Appeals Court of Massachusetts, Suffolk.

December 7, 2005.


Attorney(s) appearing for the Case

Neil Rossman for the plaintiffs.

Albert R. Mason for City of Fall River.

Stephen W. Marshalek, Assistant Attorney General, for Personnel Administrator of the Division of Human Resources.

Present: Rapoza, Brown, & Graham, JJ.


GRAHAM, J.

The board of fire commissioners (board) for the city of Fall River (city) voted to terminate the employment of Peter Sisca, a Fall River fire fighter, for his "unauthorized absence" from his job. See G. L. c. 31, § 38, inserted by St. 1978, c. 393, § 11.3 After review, the personnel administrator for the Commonwealth upheld the board's decision, as did a judge of...

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