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Nolan Perroni, PC – Wins Landmark Civil Service Promotion Case for Methuen Firefighter – Slams every level of city government

Nolan Perroni, PC was very proud to represent Tracy Blanchette in her brave appeal against systemic discrimination resulting in this landmark victory. Every level of government actively worked against the appellant in order to preserve a culture of favoritism and gender bias. The Civil Service Commission here has, in a 58-page stinging decision, called the City on the carpet, not just for their discriminatory employment practices, but for concealing conflicts of interest, for outright ignoring complaints of gender bias and for the repeated, dishonest sworn-testimony by top ranking city officials.

In light of the intolerable conduct proven in this significant case, the Commission is prepared to issue the very rare remedy or ordering that the City promote Ms. Blanchette from private to Captain, with all back pay and benefits.

Among other things, the Commission found:

-Given how dubious I am of much of Chief Sheehy’s testimony concerning the process, the City’s evidence is not credible and cannot be relied upon to sustain its burden of proof in this bypass appeal.

-Moreover, Chief Sheehy exercised great influence over the other three interview panelists (two of whom had never worked in the fire service), going so far as to advise them at the start of the interview process of the answers he expected to hear based on the questions posed to the candidates.

-It is plainly evident to me that all the contractual and other internal processes normally in place to ensure fair treatment were, in fact, unavailable to her, and instead were actively or passively working against her.

-The union acquiesced to what amounted to nearly a yearlong stay of the grievance; indeed, by the end of 2019, it had not even met with the City to discuss the matter, nor had it filed for arbitration.
The union president blamed the City – stating that Randazzo asked the union to agree to postpone the matter.

-Ms. Randazzo said the opposite – she claimed that the union never pursued the matter, and that she did not know anything about it other than it was filed.

-The City was ordered to produce to this Commissioner the email trail between itself and the union, or suffer adverse factual findings. It never complied with my order.

-I have thus concluded that Randazzo did not testify forthrightly.
Moreover, the union never requested a single document from the City to investigate appellant’s grievance.

Likewise, the City Council never investigated Blanchette’s complaint. It approved the promotion of Tulley on February 4, 2019, after receiving Appellant’s detailed complaint of gender discrimination.*

*-The Council never asked a single question of Chief Sheehy during its meeting and Councilor McCarty voted in favor of Tulley without even mentioning his family relationship with the Intervenor.**

-HR Director and Assistant Solicitor Anne Randazzo is the City official responsible for investigating complaints of discrimination.
She was directly involved in this case. She never even considered looking into the complaint, even though she received a copy from either Chief Sheehy or the Council shortly after it was filed.

-Randazzo testified that she figured Blanchette could get her remedy from this Commission, or perhaps the MCAD or EEOC, and thus never looked into the matter. In fact, she claims, she never even thought to do so.

-For that matter, neither did the Mayor, the Chief, the Council, or the Union.

Read the Decision Here

Source: Legal
Nolan Perroni, PC – Wins Landmark Civil Service Promotion Case for Methuen Firefighter – Slams every level of city government

NEPBA WELCOMES NEWPORT NEW HAMPSHIRE POLICE

On November 17th, the New Hampshire Labor Relations Board certified the New England Police Benevolent Association as the exclusive bargaining unit representative for the Newport (NH) Police Department bargaining unit. The Newport Police Association wanted to disaffiliate itself from the American Federation of State, County and Municipal Employees (AFCME) and join the New England P.B.A. The members wanted a union that would be able to address all the needs of Police Officers twenty-four hours a day. In speaking with several officers, they were concerned that the AFCME did not provide the overall organizational expertise that NEPBA has to offer to police officers, and after careful consideration the members took the necessary steps to change unions. They are now members of the largest police union in New England.

New England PBA Secretary / Treasurer Sean R. McArdle stated; “The Officers of the Newport Police Association are the utmost professionals and their decision to join with a professional all law enforcement organization like New England PBA is obviously the right choice. I look forward to working with these dedicated law enforcement professionals and can’t wait to start negotiations with the Town.”

 New England PBA New Hampshire Director Steve Arnold called the election, “a great day for the hard working and dedicated members of the Newport Police Department, who clearly want to be represented by a law enforcement union who respects and understands the needs of police officers. I wish them all a happy and safe Thanksgiving.”

 New England PBA Executive Director Jerry Flynn stated; “We are proud of our organizing team and their continued record of accomplishment in the Granite State. Yet, our continued growth in New Hampshire is predicated on our ability to deliver quality contracts and by continuing to provide the stellar legal services for all those we represent, including now the Newport Police Union.”

NEPBA MEMBER SAVES THE LIFE OF YOUNG GIRL IN FLORIDA WHILE ON VACATION

WESTFORD — An officer’s oath to protect and serve stretched beyond the bounds of Massachusetts when he gave lifesaving CPR to an 8-year-old girl while vacationing in Florida.

On Nov. 8, Officer John Lincoln, 31, a member of the Westford Police Department for two years, was vacationing on Marco Island with his family when a young girl was pulled out of a resort pool unresponsive.

“It was our last full day there. The nicest weather of the week. It was early morning, around 11 a.m., just hanging in the pool under the umbrella with my son,” Lincoln said.

Lincoln was holding his 7-month-old son when he heard people running to the opposite side of the pool and saw a man calling 911. He then saw a man pull a young girl out of the pool who appeared lifeless. He handed his son to his girlfriend and sprinted over.

“I just reacted. Training kicked in,” he said. “It happened so fast.”

When a woman started CPR, her efforts didn’t appear effective enough so Lincoln took over. After the first round of chest compressions in a couple of minutes, the girl came to and started crying in her mother’s arms, he said.

Lincoln advised the family that the ambulances were coming and to get checked out at the hospital. Luckily, he said, the young girl was alert and conscious.

“We left the next morning and heard she was doing well,” Lincoln said.

“It was an adrenaline dump,” he said. “I was definitely happy that I was there to help that girl and family.”

After being released from the hospital, the girl was able to enjoy the rest of her vacation with her family and was observed running around and having fun at the resort.

“The department is proud of the outstanding police work Officer Lincoln performed in saving the life of an 8-year-old girl while he was on vacation in Florida with his family,” Capt. Donald Pick said. “His quick response in performing high-quality CPR was instrumental in saving the young girl’s life.”

Lincoln said his family got back from the beach 30 minutes before the incident. With multiple pools on the resort, they opted to stay at the children’s pool.

Lincoln graduated from the Police Academy in October 2019. He also attended Westford Academy.