Tag Archives: promotions


As those of you who followed HRD’s attempt to “band” scores from the October 2008 police promotional exam know, we were able to defeat that attempt on procedural grounds by arguing that such a substantive change must be the subject of rulemaking. Well, HRD has regrouped, and yesterday Chief Human Resources Officer Paul “Ebenezer” Dietl sent out notice that he intended to change the Personnel Administrator Rules to allow banding and set a hearing on the changes for December 14 at 2:00 p.m. at 100 Ashburton Place. You can read the notice of hearing and the proposed rules here, http://www.mass.gov/Eoaf/docs/hrd/cs/information/par_amendments_2009.pdf .

Obviously, the fact that HRD is actually following its own rules by scheduling a hearing does not lessen the potential impact of banding – which, without a doubt, will undermine merit-based hiring by allowing appointing authorities vastly more discretion that is currently allowed. We’ll be studying the proposed rules and getting ready for the 14th. We’ll see you there!

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