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CITY OF SPRINGFIELD v. CIVIL SERVICE COMMISSION

SJC-11540

469 Mass. 370 (2014)

CITY OF SPRINGFIELD v. CIVIL SERVICE COMMISSION & another.

Supreme Judicial Court of Massachusetts, Hampden.

August 18, 2014.

Attorney(s) appearing for the Case

Maurice M. Cahillane, Jr. ( William E. Mahoney with him) for city of Springfield.

Andrew M. Batchelor , Assistant Attorney General, for Civil Service Commission.

Bart W. Heemskerk for Joseph McDowell.

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

BOTSFORD, J.

Joseph McDowell was hired by the city of Springfield (city) in 1987 as a skilled laborer, and soon thereafter achieved the status of a permanent, tenured civil service employee of the city. In 1993, he received the first of two provisional promotions;3 he worked in the second of these provisional positions until 2005, when the city terminated his employment. One issue we consider in this appeal is whether, despite being terminated...

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