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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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