Superior Court Agrees That Union Entitled to Hearing On Whether Boston Police Violated Civil Service

March 1, 2017

Attorney James Hykel has aided the Boston Police Superior Officer Federation's effort to force the Boston Police Department to comply with Civil Service law. Hykel and the Federation produced evidence that the BPD was failing to fill vacancies under the specific process outlined in Chapter 31. A Massachusetts Superior Court in Suffolk County has agreed that the Civil Service Commission erred when simply dismissed the Federation's complaint against the BPD without taking evidence.

The judge ruled: "This case is therefore remanded to the Commission for further proceedings and factual findings that may ultimately allow it to determine whether the BPD properly complied with the civil service law, G.L. c. 31, when it decided to use TSHR to fill the District C-6 lieutenant vacancy in November and December, 2014."

In a previous decision on the same case, the court agreed that the Commission improperly prevented the Federation from being an official party to the proceeding at the agency. Hykel persuaded the court that the Federation has "legal standing" to challenge violations of Chapter 31, especially through a petition for investigation.

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James Hykel