CITY OF BEVERLY v. CIVIL SERVICE COMMISSION

No. 09-P-1959.

78 Mass. App. Ct. 182 (2010)

CITY OF BEVERLY & another v. CIVIL SERVICE COMMISSION & another.

Appeals Court of Massachusetts, Essex.

October 28, 2010.


Attorney(s) appearing for the Case

Jason R. Powalisz for Sean Bell.

Daniel B. Kulak ( Robert A. Munroe with him) for the plaintiffs.

David Hadas , Assistant Attorney General, for Civil Service Commission, submitted a brief.

Philip Collins & Daniel C. Brown, for Massachusetts Municipal Association, amicus curiae, submitted a brief.

Present: GREEN, DREBEN, & MILKEY, JJ.


MILKEY, J.

Having taken the relevant civil service examination, the defendant Sean Bell applied for a position as a reserve police officer with the city of Beverly (city).3 The city excluded Bell from consideration because it learned that he had recently been fired from his job as a hospital security guard for allegedly having improperly accessed the voice mail accounts of other employees...

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