(Mass.gov . MASSACHUSETTS CIVIL SERVICE COMMISSION - APPEAL SUMMARY ‘Appeal Type: Request for Investigation Fling Fee: $75.00 ‘appellant information Fist Name Iocan, Eéard Ca Last Name Signed By: Sean FLeming Flled Da 6/24/2024 3: 1:28 PM | eign, Sper LJ ‘Street Address ar P.O. Box Email Address Respondent information Name of Government Agency (Respondent) Agency Contact [oiyotWoresster [csosutveOlfes ef Huan Rosoweas ‘Street Address or P.O. Box City or Town, State Zip Code [45 Man stot Fn, 100 [woroser Js [loisos Eimall Adress hone [sicertm@vorcstea gov [03799-1080 Counsel Information (if required) Counsel Name Street Address or P.O. Box Emall Address 1 ‘Appeal Information ‘Counsel Firm Name I ty or Town state Zip Code i PhoneMass.gov MASSACHUSETTS CIVIL SERVICE COMMISSION - APPEAL SUMMARY ‘Appeal Information (Continued.) [Please See attached. \We wish a Request for Investigation concerning the same issues as presented in the Neil Rosie, Two Others and |Modford Firefighters Union Local 11032 regarding the filing of certain positions in the Medford Fire Department ruling.COMMONWEALTH OF MASSACHUSETTS CIVIL SERVICE COMMISSION Request for Investigation against 100 Cambridge Street: Suite 200 the City of Worcester by Petitioner: Boston, MA 02114 (617) 979-1900 © McGinn, Edward J. and Two Ones Tracking Number: 1-24-095 ORDER TO SHOW CAUSE REGARDING PETITIONERS REQUEST FOR THE CIVIL SERVICE COMM} * On June 24, 2024, the Pe conduct an investigation, = On Angust 20, 2024 at 8:30 AM via Videoconference, the Commission will hold a conference (o allow the Petitioner to show why the Commission should conduct an investigation. joners filed a request for the Civil Service Commission to Civil Service Commission (s/Christopher Bowman Christopher C. Bowman Chairman Date: June 27,2024 Notice sent to: Heffernan, Michele M., Esq. (HRD) McGinn, Edward J. and Two Others City of WorcesterPage 1 of I From : MDIAZ To : sean375@charter.net; reicherttm@worcesterma.gov; Michele. Heffernan@MassMail. State MA.US Sent : 6/27/2024 11:53AM _ Email Notification of Request for Investigation Acknowledgement and Notice of Show Subject: Cause Conference CIVIL SERVICE COMMISSION EMAIL NOTIFICATION OF REQUEST FOR INVESTIGATION ACKNOWLEDGMENT & NOTICE OF SHOW CAUSE CONFERENCE Attached is a copy of the following time-sensitive information regarding the request for investigation that was recently fled with the Civil Service Commission: @ Notice of Show Cause Conference @ Investigation Letter and any other documentation that was filed with the request. Please review this information carefully, including the Notice of Show Cause Conference which includes the date and time that the parties to this petition are required to appear before the Civil Service Commission. This is the only notice you will receive. You will not receive a copy of this notice via frst class mail. you have trouble opening the attachments to this email, you should immediately contact me using the information provided below. (sLidedes Diaz Medes J. Diaz Office Manager Givi Service Commission 100 Cambridge Street, Suite 200 Boston, MA 02114 Main: 617-727-2293 Direct: 617-979-1906 Fax: 617-727-7590 medes.diaz@mass.gov SENT TO: McGinn, Edward J. and Two Others (Petitioners) City of Worcester (Respondent) Heffernan, Michele M., Esq. (HRD)Page | of 1 From : tmecormick@nmplabor.com To : medes.diaz@mass.gov Sent : 7/03/2024 4:03PM. Subject : Respondent Notice of Appearance CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system. Do not click on links or open attachments unless you recognize the sender and know the content is safe. od afternoon Medes: Please see attached Notice of Appearance for Attorney Ian C. Keefe and Attorney Tim D. Norris for the Respondent City of Worcester in the above-captioned matter. Thank you, ‘Tina M, McCormick Legal Assistant to Leo J. Peloquin, lan C. Keefe and Antoine Fares mecormick@ninglabor.com COVID-19 Resources ‘Aclose up ofa deviceDoscipion automatically ‘generated Norris, Murray & Peloquin ‘gig Norwood Park South, Norwood, MA 02062 781-762-2229 pmplabor.com “This message contains confident information intended only for vee ofthe perzon named above, and may contain commune Ilorney-alent pevege Ifyou have rec'ved this message in exrr, you are hereby notified Wat any disemantion,ditibutin, 8 protected by the {his messige i prohbied tnd you ate requested to noUly the sender iameditely at the telephone nn {narsis@amplaborcom ond Glee tls message and all copies and bucks heroNORRIS, MURRAY & PRLOOUIN, LLC VAM egal Cousot t+ sp , 315 Norwood Park South, Norwood, Massachusetts 02062 ‘Tel. (781) 762-2229 « Fax (781) 762-1803 w.amplabor.com Leo J. Peloquin Philip Collins Tim D. Nomis Of Counsel Melissa R, Murray lan C. Keefe Brett M. Sabbog Lyndsey B. Davis, Antoine Fares July 3, 2024 medes.dia ass, ov Very wary vours, oe Legal Assistant ‘me ce: Michele M. Heffernan, Esq. (HRD) (via email) Sean J. Fleming (via email) Edward J. McGinn (via email) Carl J. Supemnor (via email)Page | of 4 From : FlemingS @worcesterma.gov To : medes.diaz@mass.gov; ; christopher.bowman@mass.gov Sent : 7/15/2024 10:27AM Subject : Appellants filed STIPULATIONS CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system. Do not click on links or open attachments unless you recognize the sender and know the content is safe. ‘od morning Medes, As previously noted, we are unrepresented in the above matter so if our process is a bit misaligned, please forgive us. possible, could the attached listing of stipulations be entered into the record and responded to by the City of Worcester and their council in an attempt to foster efficiency, and avoid delay given the rather straightforward underlying facts of this Request for Investigation. Thank you! Respecttully, Sean J. Fleming Edward J. McGinn Carl J. Supernor From: Diaz, Medes (CSC) Sent: Monday, July 8, 2024 4:18 PM To: Fleming, Sean J. ; McCormick, Tina ; Bowman, Christopher (CSC) Ce: Heffernan, Michele (HRD) ; McGinn, Edward ; ‘Supernor, Carl J. ; Bagley, William ; lan Keefe ; Norris, Tim D ; Nguyen, Hung ‘Subject: RE: Edward J. McGinn and Two Others & City of Worcester (CSC Tracking No.: -24-095) [Caution:This email came from outside the City of Worcester. Do not click on links or open attachments unless lyou are sure you recognize the sender and you know the contents are safe. Received/logged. Thank you. Sincerely, Medes Mates J. Diaz Office Manager Givil Service Commission 100 Cambridge Street, Suite 200 Boston, MA 02114 Main: 617-979-1900, Direct: 617-979-1906 medes.diaz@mass govPage 2 of 4 From: Fleming, Sean J. Sent: Monday, July 8, 2024 9:50 AM Tot Diaz, Medes (CSC) ; McCormick, Tina Ce: Heffernan, Michele (HRO) ; McGinn, Edward ; Supernor, Carl J. ; Bagley, William ; lan Keefe ; Norris, Tim D ; Nguyen, Hung Subject: RE: Edward J. McGinn and Two Others & City of Worcester (CSC Tracking No.: :24-095) CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system. Do not click on links or open attachments unless you recognize the sender and know the content is safe. des (and all), Please see our attached "Appearance Form'(s) indicating we are unrepresented in this matter. Given this understanding, if there is anything else we need to do procedurally, please let us know? Also, would it be possible to have the below email entered into the record to accompany the Petition we submitted with our Request for Investigation (see attached). Its certainly not our intent to have this be an extended adversarial legal process among the upper echelons of the City of Worcester. We only wish to ensure that our rights as long-term Civil Service employees (39, 37, 28 years respectively with 2 of us being Veterans) are adhered to. Itis In this vein that the below was offered to the Assistant City Manager and Director of Human Resources on July 3, 2024 (both are cc’ed to ensure full disclosure). Respectfully, Sean J. Fleming Edward J. McGinn Carl J. Supernor From: Fleming, Sean J. Sent: Wednesday, July 3, 2024 12:41 PM To: Nguyen, Hung ; Bagley, William ; ‘Supernor, Carl J. ; McGinn, Edward Ce: Saucier, Paul B. ; Reichert, Theresa M. «Reichert TM@worcesterma.gov> ‘Subject: Chief of Police Assessment correspondence Mr. Nguyen and Mr. Bagley, ‘This is correspondence submitted jointly by Deputy Chiefs Sean J. Fleming, Edward J. McGinn, and Carl 4J. Supernor with Chief Saucier cc’ed. As | am sure you are aware, the Civil Service Commission recently issued a ruling addressing a complaint that mimics very closely the current situation in Worcester concerning the process by which the next permanent Police Chief will be selected (see "Request for Investigation by Neil Rosie, Two Others and Medford Firefighters Union Local 1032 regarding the filling of certain positions in the Medford Fire Department” *) The relevant part states, in rather plain language (bold added; underline not):Page 3 of 4 “The appointing authority's efforts to remove the position of Fire Chief from the civil service system should have no bearing on the need to fill that position now. Unless and until a position has been removed from the civil service system, anappointing authority is obligated io ensure that the position is filled consistent with the civil service law and rules. Put another way, any effort by the appointing authority to unnecessarily delay the filling of the currently vacant Fire Chief position pending an outcome of a petition currently before the City Council would be viewed as inconsistent with the requirements of the civil service law." Quite frankly, this memorializes an understanding of Civil Service Law that | think we all have had for many years. While we understand Worcester is seeking to move in a different direction, we have a difficult time believing the City would knowingly disregard an established process, precedent, or State mandate. We have a hard time believing any outside entity: Equity Audit, DOJ, HRC would advocate a process in conflict with established norms, codified practice, MGL, and Civil Service ruling. As you are most likely aware, we have filed a Request for an Investigation for Equitable Rellef with the Civil Service Commission based on the Medford ruling, with a show cause date in August. Currently, there are four Deputy Chiefs eligible to participate in a Civil Service Chiefs assessment and 7 Captains ate also eligible should one of us elect not to participate. As Worcester currently is a Civil Service ‘community that has specific legal requirements to comport with, we urge you, in good faith, to follow well established process and immediately schedule an assessment center under the auspices of Civil Service for the position of Chief of Police. As you know, this position has been funded but unfilled in a Civil Service capacity since Sep1, 2023 and as such it would appear the City is in violation of referenced regulations and "...civl service law’. Itis our understanding that the City is under contract from January 1, 2024, to December 31, 2026, with an assessment center vendor to administer such a process. Thank you for any consideration. Respectfully, Sean J. Fleming Edard J. McGinn Carl J. Supernor oc Attorney Theresa Reichert as the counsel indicated as receiving the complaint and hearing notification from Civil Service Commission. *+download (mass gov) From: Diaz, Medes (CSC) Sent: Wednesday, July 3, 2024 4:17 PM \eCormick, Tina Heffernan, Michele (HRD) ; Fleming, Sean J. ; McGinn, Edward ; Supemnor, Carl J. ; Bagley, William ; lan Keefe ; Nortis, Tim D « ‘Subject: RE: Edward J. McGinn and Two Others & City of Worcester (CSC Tracking No.;1-24-095)Page 4 of 4 [Caution-This email came from outside the City of Worcester. Do not click on links or open allachments unless jou are sure you recognize the sender and you know the contents are safe. eceivedilogged. Thank you Sincerely, Medes Medes | Di Offee Manager Givil Service Conunission 100 Cambridge Street, Suite 200, Boston, MA 02114 Main: 617-979-1900 Direct 617-979-1906 medes diaofimass.gov From: Tina M. McCormick Sent: Wednesday, July 3, 2024 4:03 PM To: Diaz, Medes (CSC) CC: Heffernan, Michele (HRD) ; Flemming, Sean -;McGinnE@worcesterma.gov;SupernorCl@worcesterma gov/bagleyw@worcester ma.goy; lan Keefe ; Norris, Tim D Subject: Edward J. McGinn and Two Others & City of Worcester (CSC Tracking No.: |:24-095) CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system. Do not click on links or open attachments unless you recognize the sender and know the content is safe. od afternoon Medes: Please see attached Notice of Appearance for Attomey lan C. Keefe and Attorney Tim D. Nortis for the Respondent City of Worcester in the above-captioned matter. Thank you. ‘Tina M. McCormick Legal Assistant to Leo J. Peloquin, Ian C. Keefe and Antoine Fares Imecormick@nmplabor.com COVID-19 Resources cose up of deviceDescripton automaticaly ‘generated Norris, Murray & Peloquin 315 Norwood Park South Norwood, MA 02062 781-762-2029 is message co attorney-client this message confidential infomation Intended only for se of the person named above, aad may contain conmniatons protected ly the lege. Ityon have eceived this message i errr, you ate hereby noted hat any disermnation, distribution, copying or other use of rabid end you are requested to notify the sender immediately al the telephone nuuber Hist above or By electron mall ad delete his message and al copes and backups therot.Worcester Police Department Deputy Chiefs of Police (Appellants) Sean4J. Fleming Edward J, McGinn CarlJ. Supernor July 15,2024 Norris, Murray & Peloquin LC 315 Norwood Park South, Norwood, Massachusetts 02062 Re: Edward J. McGinn and Two Others & City of Worcester (Respondents) CSC Tracking No: 24-095 (Request for Investigation) Dear Attorney lan C. Keefe and Attorney Tim D. Norris, In preparation for the Appellant's Show Cause Hearing scheduled for August 20, 2024, we offer the following facts to be stipulated by both parties. The Appellants attest to the facts listed below. We ‘ask the respondents to review and stipulate the identified facts, to be efficient, avold further delay, and prevent requesting or subpoenaing witnesses. Please forward your response and any additional stipulations requested by the Respondents, Facts attested to by the Appellants: 1. The Worcester Police Department is a civil service department related to the employment and appointment of police officers, sergeants, leutenants, captains, deputy chlefs, and, chiefs, 2. On1uly 10, 2023, the permanent Deputy Chiefs Fleming, McGinn, Saucier, and Supernor met ‘with City Manager Erle Batista (CM), Assistant City Manager Hung Nguyen (ACM), and Human Resources Director William Bagley (HRD). During this meeting, Saucler informed the CM that the deputies opposed removing the Chief position from civil service, 3, On September 1, 2023, the position of Chief of Police was vacant due to the recent retirement of permanent Chief Stephen Sargent. 4, On September 1, 2023, no suitable eligibility ist for chief of police existed. 5. On September 1, 2023 Deputies Fleming (via phone), McGinn, Saucier, and Supernor met with the CM and ACM. During this meeting, the CM informed the deputies that he would. ‘maintain the position of chief of police in civil service and that he would select one of us as the temporary/interim chief after conducting interviews on this day. The CM further stated that sometime after appointing a temporary/interim chief, he would cal for an assessment, center to permanently fill the position of chief of police. 6. On September 1, 2023, the CM selected Saucier as the temporary/interim chief. 7. On September 1, 2023, Saucier, Fleming, and McGinn met the ciull service requirements and eligibility to take an exam for chief of police.SD 9. 10. 11. 12. 13, 14, 15. 16. a7. 18, 19. 20. ‘On September 1, 2023, Supernor had been a permanent deputy chief since May 28, 2023. ‘On September 4, 2023, there were seven eligible captains to satisty the civil service requirement of needing four eligible candidates to call for a chief of police exam to establish a suitable eligibility ist. In November 2023, the City of Worcester published a competitive bid proposal (Bid # CR- '8107-W4) for a company to schedule assessment centers for the police chief, fre chief, deputy fire chief, deputy police chiet, fire district chief, and police captain, on an as-needed basis. The City of Worcester awarded an assessment center company a contract from January 1, 2024, to December 31, 2026, to conduct assessment centers as needed. ‘On February 20, 2024, Fleming, McGinn, Saucier, and Supernor met with the CM. The CM informed us he would remove the chief and deputy chief positions from civil service. He further stated he would file @ home rule petition with the city council and upon the approval of the petition at the state level, would appoint Saucier as the permanent chief of police. Fleming, McGinn, and Supernor objected to the CM's decision. ‘On March 10, 2024, email correspondence was sent from Fleming, McGinn, and Supernor to select members of the Worcester City Council expressing our confidence in the civil service process; our concern with the process as recently explained to us by the CM (W12); and asking for, at a minimum, an open, flr, transparent process for selecting a permanent chief. ‘On March 24, 2024, an email was forwarded to us from Saucier that originated from the CM. {In that emal, the CM expressed his displeasure with Fleming, McGinn, and Supernor referencing the above email communication (#13), and that we may be subject to dlsciptine. ‘On March 19, 2024, the Worcester City Council authorized the CM's petition. ‘On April 26, 2024, the petition (Bll H. 4590) was sent to the State Legislature's Public Service Committee and Is pending approval. As of May 28, 2024, Supernor satisfied the civil service requirements for eligibility to take a chief exam, along with already established Fleming, McGinn, and Saucier, ‘On June 13, 2024, the Civil Service Commission ruled in Nell Rosie, two others, and Medford Firefighters Union Local 1032, Tacking Number: |-24-022. (On July 3, 2024, Fleming, McGinn, and Supernor emailed the CM, ACM, and HRD asking to immediately schedule an assessment center to establish a civil service eligibility list to fill the permanent chief of police position. Since September 1, 2023, other than contracting with an assessment company (#12), the city hhas not taken any steps to fil the vcant civil service chief of police position. ‘Sean J. Flemir Edy =f McGinn 4 ol ‘Supernor1 ‘This petition is filed on behalf of Edward J. Meginn, Carl J. Supernor, and Sean J. Fleming, ‘On or about 28 August - 30 August 2023 incumbent Worcester Police Department (WED) Chief Steven M, Sargent announced his intent to retire. Chief Sargent was an eight-year Civil Service appointed Chief retiring after 37 years of service, On | September 2023, when Chief Sargent's retirement became effective, City Manager (CM) Eric D. Batista met with WPD Civil Service permanent Deputy Chiefs Edward J. Meginn, Carl J. ‘Supernor, and Paul B. Saucier in person, Deputy Chief Sean J. Fleming participated via phone. At this time and currently, no active eligibility list for Chief of Police exists. Deputies Fleming, ‘McGinn, and Saucier met the requirements o participate in any future exam as they all met the necessary requirements, with more than one year in gradelexperience as a Deputy Chief. Deputy ‘Supernor had less than one year experience with a permanent promotion date of 28 May 2023, ‘The Civil Service requirement to have four qualified and eligible candidates did not prevent the City from calling for an exam since the law allows the City to open the exam fo next lower rank (Captain) and at this time, there were seven eligible captains available. CM Batista stated that he was going to conduct interviews that morning to select an Interim Chief of Police for stability of the department, and that it was his intent to then move forward with calling for and establishing a Civil Service Assessment Center process for the selection of the next permanent Chief of Police. On 20 February 2024 Deputy Chiefs Edward J. Meginn, Carl J. Supernor, Paul B. Saucier, Sean J. Fleming met with CM Batista again who stated then that it was now his intent to submit a petition to remove the Chief of Police and Deputy Chief's from Civil service; to maintain Paul ‘Saucier as the interim Chief until this was allowed through the legislative process; and then to appoint Saucier permanent non-civil service Chief. ‘On 19 March 2024 the Worcester City Council authorized the city to start the process of removing the chief and deputy chief positions from the civil service process. The petition became Bill H. 4590 and was sent to the Legislature Public Service Committee on 26 April 2024 Since | September 2023, when a full-time permanent Civil Service Chief of Police position became vacant, the City of Worcester has made no attempt fo fil this. Quite to the contrary, they have expressed their intent not to utilize the Civil Service process in appointing a Chief of Police, ‘nd to maintain an interim Chief until their petition to remove this position can be adjudicated by the legislative process which, as has rightly been highlighted, takes months if not years. We feel this isin conflict with MGL and Civil Service precedent (see Request for Investigation by Nell Rosie, Two Others and Medford Firefighters Union Local 1032 regarding the filling of certain positions in the Medford Fire Department Tracking Number: -24-022). Currently, there are four qualified and eligible candidates available to sit for a Chief of Police exam, Interim Chief Saucier and Deputies Fleming, MeGinn, and Supernor. We request equitable re Civil Service rulings. ng the City of Worcester to follow the relevant MGLs andPage 1 of 1 From : De Luca, Caroline B. (CSC) ‘To: MCartolano@gannett.com Sent : 8/13/2024 2:36PM Subject : Media Inquiry to Attend Status Conference ‘Yes, this is open to the public. We will send you an invite via WebEx momentarily. Best, Caroline E. De Luca Deputy General Counsel and Clerk Civil Service Commission 100 Cambridge Street, Suite 200 Boston, MA 02114 (617) 979-1918 Caroline.E.DeLuca@mass.gov From: Cartolano, Marco Sent: Tuesday, August 13, 2024 1:58 PM To: CSC Help (CSC) Subject: Telegram & Gazette asking if McGinn etal V, City of Worcester is open to public CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system. Do not click on links or open attachments unless you recognize the sender and know the content is safe. lo, This is Marco Cartolano with the Telegram & Gazette, We are interested in the Civil Service Commission hearing for |-24-095 McGinn et al v. City of Worcester on Aug 20 at 8:30 a.m, Is this hearing open to the public? If so, can the CSC send me a Webex link for the hearing? Thank you, Marco