Each computer required an individual activation key to run new software however Appellant overrode the settings of the activation components so that these individual keys did not have to be purchased for each computer, presenting an ethical issue regarding software piracy. In 2010, the Department updated its outdated computer software.
The laptop contained mostly family photos of the Chief, his wife, and their young toddler son. As part of his side employment he helped fix a laptop belonging to the Chief’s wife. At work, he offered technology support to the Department’s Information Technology Director. He served as President of the Dartmouth Police Brotherhood (Union) and maintained a side business fixing computers. The Appellant began his career with the Dartmouth Police Department in 1998. Town of Dartmouth, 28 MCSR 515, the Commission upheld the termination of a Police Sergeant where he made blatantly false allegations of child abuse against his Chief, that were clearly in furtherance of his personal animus. Inappropriate employee behavior, such as making baseless criminal allegations against superiors, justify discipline and discharge from employment. Gloucester Housing Authority, 10 MCSR 27 (1997). The Commission has previously held that an appointing authority may terminate an employee who is medically incapable of performing his position. The undisputed fact that Appellant was unable to perform his job duties constituted just cause for terminating him, and contrary to Appellant’s argument that he should have been kept on payroll for health insurance purposes, the Town was not obligated to do so and it would have been an undue burden on their finances and productivity. On appeal, the Appellant argued that the Town was not justified in discharging him from his position the Commission disagreed.
Since the Town needed someone to work in his position, they terminated Appellant in June 2013, but offered to reappoint him once he received medical clearance and a position became vacant. He went out on leave in September 2012 due to work-related injuries with an unknown return date, and quickly exhausted his paid leave benefits. Town of Billerica, 28 MCSR 503.Īppellant began employment with the Town in November 2001 as a Heavy Motor Equipment Operator (HMEO). Please visit the Commission’s site for a complete update: Īn Appointing Authority may terminate an employee who is medically incapable of performing his position, the Commission ruled in Morgan v. The current case inventory is 90, thirty-three cases less than last year. Year-to-date, the Commission has received 171 new discipline, bypass and layoff appeals and has closed out 204. The Commission 2015 Year End Statistics as of Decemare now available on the Civil Service Commission website.
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