Division of Administrative Law Appeals
Where the city of Methuen terminated the employment of a police captain who led his union’s bargaining team during collective bargaining with the city, there was no just cause for the termination, as the captain’s performance of his own duties did not involve “substantial misconduct” meriting disciplinary action.
“Police Captain Gregory Gallant appeals from the City of Methuen’s decision to terminate his employment. …
“The case originated with collective bargaining negotiations between the city and the union representing its police superior officers, i.e., its sergeants, lieutenants, and captains. Captain Gallant led the union’s bargaining team. …
“The primary theory underlying the city’s termination of Captain Gallant is that his eleventh-hour revisions to the CBA were dishonest. The crux of the accusation is that Captain Gallant intended to trick the city’s bargaining team by concealing his edits — really, his calculation formula — from them. I find that this was not Captain Gallant’s intention. Although he made his edits very late in the day, Captain Gallant anticipated that the city’s bargaining team would see and consider those edits. …
“As a ‘tenured employee’ within the meaning of the civil service law, Captain Gallant may be discharged only for ‘just cause.’ G.L.c. 31, §§1, 41. Just cause exists when an employee has committed ‘substantial misconduct which adversely affects the public interest by impairing the efficiency of the...
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