Sherman v. Town of Randolph.

SJC-11711.

472 Mass. 802 (2015)

37 N.E.3d 1043

SCOTT SHERMAN, v. TOWN OF RANDOLPH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

September 24, 2015.


Attorney(s) appearing for the Case

Frank J. McGee for the plaintiff.

Bryan F. Bertram , Assistant Attorney General, for the personnel administrator of the human resources division of the Commonwealth.

John Foskett for town of Randolph.

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


The town of Randolph (town) decided to bypass the plaintiff, Scott Sherman, and appoint three candidates with lower scores on the police sergeant's examination to its three open police sergeant positions. Sherman appealed, and, after an evidentiary hearing, a Division of Administrative Law Appeals (DALA) magistrate recommended that Sherman...

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