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McGUINESS v. DEPARTMENT OF CORRECTION

No. SJC-11261.

465 Mass. 660 (2013)

BENJAMIN McGUINESS & another v. DEPARTMENT OF CORRECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 1, 2013.

Attorney(s) appearing for the Case

Stephen C. Pfaff for the plaintiffs.

Carol A. Colby for Department of Correction.

Robert L. Quinan, Jr. , Assistant Attorney General, for Civil Service Commission, was present but did not argue.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

RESCRIPT

This case concerns the effect of a tie vote on the Civil Service Commission (commission) in an appeal from a decision of the Department of Correction (department) to terminate two employees. On this record, we conclude that the effect of the tie vote was that the initial decision of the hearing officer affirming the department's termination order became the final decision of the commission, which...

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