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COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. CIVIL SERVICE COMMISSION
One Ashburton Place: Room 503
Boston, MA 02108
(617) 727-2293
RE: Tracking Number: I-19-096
Request by: Justin Albano & Joshua Colby to investigate the decision by the City of Medford to
reduce the number of candidates to be appointed as firefighters from Certification No. 04954.
Appearance for Petitioners: Jillian Ryan, Esq.
Pyle Rome
2 Liberty Square: 10th Floor
Boston, MA 02351
Appearance for City of Medford: Mark E. Rumley, Esq.
Kimberly Scanlon, Esq.
City of Medford Law Department
85 George P. Hassett Drive
Medford, MA 02155
Commissioner: Christopher C. Bowman
RESPONSE TO REQUEST FOR INVESTIGATION
1. On April 19, 2019, the Petitioners, Joshua Colby and Justin Albano (Petitioners), filed a
Petition with the Civil Service Commission (Commission), asking the Commission to
exercise its discretion under G.L. c. 31, s. 2(a) to initiate an investigation into the City’s
November 7, 2018 decision to reduce the number of firefighters to be appointed from
Certification No. 04954, which was set to expire on November 30, 2018, from 13 to 11.
2. On April 30, 2019, I held a Show Cause Conference at the offices of the Commission which
was attended by the City’s Mayor, co-counsel for the City; the Petitioners; their counsel; and
counsel for the state’s Human Resources Division.
When the Fire Chief met with the Mayor on November 7, 2018 and recommended the
appointment of one of the Petitioners and one other candidate, the Medford Police Department
had not completed the background investigations of the candidates and, thus, the Fire Chief had
not completed his normal review of those background investigations.
In fact, it is unclear
whether the Fire Chief, at any point prior to the expiration of the eligible list on November 30,
2018, ever had the opportunity to review the background investigations of all the firefighter
candidates.
It would have been inappropriate for the Mayor to make any appointments prior to the
completion of the background investigations, particularly considering that the appointment of the
candidates recommended by the Fire Chief would have resulted in a bypass of higher ranked
candidates, which requires sound and sufficient reasons by the Appointing Authority.
Her
decision not to go forward with the full complement of appointments that had been authorized
from the prior eligible list was justified. Further, after a careful review of all the information
presented, including the statements of the Mayor who voluntarily appeared before the
Commission on two (2) different occasions regarding this matter, I do not believe that her
decision here was based on any personal or political reasons.
For these reasons, I have concluded that an investigation by the Commission is not warranted
and this matter, docketed under Tracking No. I-19-096, is closed.
https://www.mass.gov/files/documents/2019/07/18/medford_fire_investigation_071819.pdf?fbclid=IwAR2vP5P0Y2HIuJFwVZQ5peoARnCtAWFJxX5LYmqu6vkYYbFFUyGN_xTY1U0