Division of Administrative Law Appeals
Where a petitioner has challenged the city of Malden’s decision to bypass her for a position as a police officer, the city was justified in bypassing the petitioner based on its impression that during the application process she had been untruthful about negative aspects of her employment history.
“Jessica D’Esposito timely appealed a decision of the City of Malden to bypass her in 2022 for a position as a police officer. The Malden Police Department’s bypass decision was based on what she said or didn’t say about her prior employment in an earlier job application and during interviews in 2020 and 2022. …
“The issue in this appeal is whether the City of Malden was justified in bypassing Jessica D’Esposito based on its impression that during the application process to become a police officer she had been untruthful about negative aspects of her employment history. As with all bypass appeals, the City had to prove by a preponderance of evidence that its decision was justified. M.G.L.c. 31, §2(b). …
“While a student at UMass, Ms. D’Esposito worked at a school cafeteria operated by Aramark. During one of her shifts, a student left behind a backpack containing a glass pipe in the shape of a scorpion, presumably a pipe for smoking marijuana. When the student did not return for the backpack, Ms. D’Esposito took the pipe from the backpack, brought it to her room, and put it on a desk. The next day, a campus police office came to the cafeteria...
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