MCOP and BPPA File For Injunction to Stop Banding

Today, March 27, Massachusetts Coalition of Police and Boston Police Patrolmen’s Association, jointly represented by Alan Shapiro and Bryan Decker of Sandulli Grace, filed a lawsuit in Suffolk Superior Court to enjoin the Human Resources Division from promoting with banded lists.

The Court set a hearing on the injunction for Tuesday, March 31, at 2:00 p.m. in Suffolk Superior Courthouse, Room 916.

The arguments are essentially the same ones made, and rejected, before the Civil Service Commission.  HRD has a rule saying it establishes lists with “whole numbers.”  We all know that means the scores are supposed to be in a 1-100 format.  If they want to start banding, they have to change their rules.  The legal way to do that is to follow the procedures in the Civil Service law for rule-making. 

We want to thank all of you who have shown your support over these past weeks for our efforts to preserve a merit-based, civil service promotional system for police officers (and, by extension, others) in Massachusetts.

Read the complaint and the memorandum 

15 thoughts on “MCOP and BPPA File For Injunction to Stop Banding”

  1. Alan

    What is the time frame for a decision? With the list scheduled to be established so soon do you think the court will rule before the lists are established?

    Thank you for your hard work on this issue.


  2. Go get em. After HRD’s lame excuse over their interpretation of the “whole number” system, I can’t wait to hear their equally lame excuse why every past exam that has employed “banding” has stated in the announcement that the results would be banded. I don’t recall our test announcement or the actual exam saying anything about “banding”. So just when did they come up with this great idea of theirs to “band” our exam results? Take no prisoners.

  3. Appreciate the support. No telling what the time frame for a decision will be. We are asking to court to stop any appointments from a banded list. Although HRD apparently intends to start putting out banded lists from the October 2008 exam next week, in actuality, it would take at least a few weeks for appointments to be made off a banded list.

    As for the passing score, Section 22 of Chapter 31 says, “The administrator shall determine the passing requirements of examinations.” Such is life.

  4. Thanks for the info on the passing scores.

    Funny how we have to follow the rules, but they don’t.

    Keep up the great work, after all, fair is fair!

  5. If the court decides in our favor, HRD will be enjoined from using banded scores. It will be up to them on how to deal with this. One can hope that they will then send out lists using the whole number scores from this exam and, if they want to band future exams, hold the appropriate hearings to enable them to do so, assuming banding passes muster under that process.

  6. I don’t know if this will get to you in time, but today the fire department notified us that our marks will be released tomorrow and the results will be banded. However, they are also releasing our actual score along with the band, and they have lowered the passing mark to 62.5 for Lt and 67 for Capt. It also states this is the only time we will receive our actual test score in addition to our band, and we retain the right of appeal if we are passed over for someone in a lower band, but all people in the same band are considered tied. It sound like they realize they screwed up, but aren’t willing to admit it, and think they can put a bandaid on gaping wound.

  7. Hello and thankyou for all the hard work. I was wondering about the existing 2006 list. Does it remain valid during this process or does it “die” after some statutory based time, i.e. expire. Again a big thanks.

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