Where the State Board of Retirement denied a petitioner’s Group 2 classification request, that decision must be reversed under the “other supervision of prisoners” clause in G.L.c. 32, §3.
“The petitioner, Jacqueline McKinney, was the Chief Classification Manager for the Bristol County House of Correction (‘BCHC’). She appeals the decision of the State Board of Retirement (‘the Board’) to classify her position as Group 1, rather than Group 2. …
“Ms. McKinney appeals the Board’s April 28, 2017 decision denying her Group 2 classification request (Case No. CR-17-230) and the Board’s August 31, 2017 decision again denying her classification request (Case No. CR-17-868). For the reasons that follow, the second of these two appeals, Case No. CR-17-868, is dismissed on jurisdictional grounds. The first appeal, Case No. CR-17-230, is meritorious and warrants reversal of the Board’s August 31, 2017 decision. …
“The Board argues that Case No. CR-17-868 is untimely and must be dismissed. I agree. Case No. CR-17-868 is Ms. McKinney’s appeal of the Board’s August 31, 2017 denial of her second request to classify her Chief Classification Manager position to Group 2. The Board informed Ms. McKinney of the denial in a letter dated September 7, 2017. Under G.L.c. 32, §16(4), Ms. McKinney had fifteen days after receipt of this letter to file her appeal of this decision. There is a presumption that she received the letter within three days of mailing. … Ms. McKinney’s appeal was received by...
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