City of Cambridge v. Civil Service Commission

682 N.E.2d 923, 43 Mass. App. Ct. 300, 1997 Mass. App. LEXIS 168
CourtMassachusetts Appeals Court
DecidedAugust 5, 1997
DocketNo. 96-P-175
StatusPublished
Cited by61 cases

This text of 682 N.E.2d 923 (City of Cambridge v. Civil Service Commission) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Cambridge v. Civil Service Commission, 682 N.E.2d 923, 43 Mass. App. Ct. 300, 1997 Mass. App. LEXIS 168 (Mass. Ct. App. 1997).

Opinion

Kass, J.

On the basis of a competitive examination, Leslie Langston had qualified in December, 1992, for appointment as a police officer in Cambridge. The appointing authority of that city developed some adverse facts about Langston in a record check and obtained permission from the administrator of the State Department of Personnel Administration (the “Administrator”) to “bypass” her in accordance with G. L. c. 31, § 27. The Civil Service Commission reversed and ordered that the city re-certify Langston. A judge of the Superior Court, who considered the case under the State Administrative Procedure Act, G. L. [301]*301c. 30A, § 14, concluded that the commission had acted within its authority and discretion, and affirmed the commission’s decision. We reverse.

1. Facts. What the city’s background check uncovered was that Langston, in 1984, at age 20, had admitted to firing a sawed-off shotgun within 500 feet of a residence, in violation of G. L. c. 269, § 12E. A judge of the Roxbury District Court found her guilty, imposed a $50 fine, and placed her on probation. In fact, it was Langston’s boyfriend who had fired the shotgun. She had invented her role to protect the boyfriend from a likely conviction of unlawful possession of a firearm, an offense that carried a mandatory penalty of one year of incarceration. In support of that version of events, Langston fibbed to the police and to a judge of the Roxbury District Court.

Langston’s father, a detective in the Boston police department, became aware of his daughter’s conviction and spoke to her about it. She explained to him why she had taken responsibility for the weapon discharge, and he explained to her that she had been foolish because now she had a criminal record. He advised that she had better try to have the court record sealed. To that end, Langston came before a second judge of the Roxbury District Court, to whom she explained that her previous account had not been true and the reason for her mendacity. We do not have the benefit of a record of those proceedings but their upshot was that the judge vacated Langston’s conviction and sealed her record. While thereafter not available to the public, the raw data in that record remains accessible to the police and the 1984 episode thus became known to the police commissioner of Cambridge when his department screened Langston as a candidate for appointment. As to this lingering force of sealed records, see Commonwealth v. Roberts, 39 Mass. App. Ct. 355, 356 (1995).

Five years later, Langston was the subject of a criminal complaint of assault and battery upon a woman (against whom Langston cross-complained) arising out of a domestic quarrel that involved her child and her then boyfriend. The case went to mediation, was continued, and ultimately dismissed.

2. Administrative action. As a result of Langston’s performance in the civil service examination, the Administrator had certified to the city of Cambridge that Langston was eligible for appointment as a police officer. See G. L. c. 31, § 25. Cam[302]*302bridge, through its city manager, requested permission from the Administrator pursuant to G. L. c. 31, § 27, not to appoint Langston, who was apparently the highest eligible candidate. This is a procedure known as a “bypass.” See Bielawski v. Personnel Administrator of the Div. of Personnel Admn., 422 Mass. 459, 460 (1996); MacHenry v. Civil Serv. Commn., 40 Mass. App. Ct. 632, 634-635 (1996). The Administrator initially rejected the city’s request. The city manager pressed the matter, urging that Langston’s “willingness to lie, for personal reasons, in the very type of proceedings in which she would be constantly testifying as a police officer,” and the later involvement with violence in a personal dispute made her a poor risk as a police officer. The Administrator, by letter dated February 16, 1994, concurred in the bypass.

Thereupon, Langston appealed to the Civil Service Commission under G. L. c. 31, § 2(b). The commission concluded that “the bypass was arbitrary and capricious,” and ordered that Langston’s “eligibility is to be revived.” As to the shooting incident, the commission regarded it as “stale, having taken place almost ten years prior to her consideration as a police officer, when [Langston] was twenty years old.” So far as the 1989 domestic violence episode was concerned, the commission “note[d] that no allegation of assault and battery was ever sustained against [Langston] and the entire dispute was satisfactorily resolved through mediation.”

“Weighing against the concerns expressed by the Appointing Authority [the city manager],” the commission’s decision continues, is Langston’s “exemplary employment record as established by numerous and detailed letters of support from prior and current employers spanning a seven-year period.” Langston had worked as a secretary, an administrative assistant, receptionist, staff assistant, and administrator, largely in medical settings such as Harvard University Health Services and Cambridge Hospital.2 “We believe,” the commission wrote in its decision, “that [Langston’s] work history from 1987 to 1994 out-weighs the concerns voiced by the Appointing Authority as a result of incidents in 1984 and 1989. If any individual deserves a second chance, it is surely [Langston].”

From the commission’s decision, the city took its appeal under G. L. c. 31, § 44, which provides that proceedings “shall, [303]*303insofar as applicable, be governed by the provisions of [G. L. c. 30A, § 14].” G. L. c. 31, § 44, as amended by St. 1992, c. 133, § 351. The Superior Court judge who reviewed the administrative record concluded that the commission had applied the proper standard of review and that its conclusion was supported by substantial evidence. This third level of appeal followed.

3. Correctness of legal standard applied by the commission. For the commission to have described the bypass as arbitrary and capricious was patently mistaken. A decision is arbitrary and capricious when it lacks any rational explanation that reasonable persons might support. Attorney Gen. v. Sheriff of Worcester County, 382 Mass. 57,-62 (1980). Howe v. Health Facilities Appeal Bd., 20 Mass. App. Ct. 531, 534 (1985). T.D.J. Dev. Corp. v. Conservation Commn. of N. Andover, 36 Mass. App. Ct. 124, 128-129 (1994). The city was hardly espousing a position devoid of reason when it held that a demonstrated willingness to fudge the truth in exigent circumstances was a doubtful characteristic for a police officer. Police work frequently calls upon officers to speak the truth when doing so might put in question a stop or a search or might embarrass a fellow officer. It requires no strength of character to speak the truth when it does not hurt.

The commission, however, was not bound to declare that the city had acted arbitrarily and capriciously. Rather, the governing statute, G. L. c. 31, § 2(b), requires the commission to find whether, on the basis of the evidence before it, the appointing authority has sustained its burden of proving that there was reasonable justification for the action taken by the appointing authority.3 Mayor of Revere v. Civil Serv. Commn., 31 Mass. App. Ct. 315, 320 n.10, 321 n.11, 322 n.12 (1991). See Commissioners of Civil Serv. v. Municipal Court of the City of Boston, 359 Mass. 211, 214 (1971); Murray v. Second Dist. Ct. of E. Middlesex, 389 Mass.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Anahid Yapoudjian's Case
103 N.E.3d 771 (Massachusetts Appeals Court, 2018)
Sullivan v. Superintendent
102 N.E.3d 1032 (Massachusetts Appeals Court, 2018)
Lopez v. City of Lawrence, Massachusett
823 F.3d 102 (First Circuit, 2016)
Desmond v. Town of West Bridgewater
33 Mass. L. Rptr. 364 (Massachusetts Superior Court, 2016)
Smith v. City of Boston
144 F. Supp. 3d 177 (D. Massachusetts, 2015)
Sherman v. Town of Randolph
472 Mass. 802 (Massachusetts Supreme Judicial Court, 2015)
Malloch v. Town of Hanover
37 N.E.3d 1027 (Massachusetts Supreme Judicial Court, 2015)
Doe v. Sex Offender Registry Board
32 Mass. L. Rptr. 631 (Massachusetts Superior Court, 2015)
City of Worcester v. Civil Service Commission
26 N.E.3d 196 (Massachusetts Appeals Court, 2015)
Shea v. Benedetti
32 Mass. L. Rptr. 157 (Massachusetts Superior Court, 2014)
McGuiness v. Department of Correction
465 Mass. 660 (Massachusetts Supreme Judicial Court, 2013)
City of Attleboro v. Massachusetts Civil Service Commission
30 Mass. L. Rptr. 345 (Massachusetts Superior Court, 2012)
Ibanez v. Fair Hearing Office
30 Mass. L. Rptr. 69 (Massachusetts Superior Court, 2012)
Doe 29701 v. Sex Offender Registry Board
29 Mass. L. Rptr. 591 (Massachusetts Superior Court, 2012)
Crossen v. Board of Registration of Home Inspectors
29 Mass. L. Rptr. 627 (Massachusetts Superior Court, 2012)
Boston Police Department v. Chaves
29 Mass. L. Rptr. 453 (Massachusetts Superior Court, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
682 N.E.2d 923, 43 Mass. App. Ct. 300, 1997 Mass. App. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cambridge-v-civil-service-commission-massappct-1997.