June 9, 1989Further appellate review denied: Reported below: 27 Mass. App. Ct. 1113 (1989).
It is this binding feature with regard to State Police appointments that distinguishes the cases cited by the Attorney General for the proposition that no vested interest inheres in public employees' ranks on non-State Police civil service promotion lists. See, e.g., Callanan v. Personnel Administrator for the Commonwealth, 400 Mass. 597, 600-1 (1987) and Davis v. Personnel Administrator of the Department of Personnel Administration, 27 Mass. App. Ct. 1113, 1115 (1989) ("the statutory civil service scheme . . . gives the administrator wide discretion in administering the lists"). And the Attorney General acknowledged that State Police promotions "are not governed by the same civil service laws."
It is this binding feature with regard to State Police appointments that distinguishes the cases cited by the Attorney General for the proposition that no vested interest inheres in public employees' ranks on non-State Police civil service promotion lists. See, e.g., Callanan v. Personnel Administrator for the Commonwealth, 400 Mass. 597, 600-01 (1987), and Davis v. Personnel Administrator of the Department of Personnel Administration, 27 Mass.App.Ct. 1113, 1115 (1989) ("the statutory civil service scheme . . . gives the administrator wide discretion in administering the lists"). And the Attorney General acknowledged that State Police promotions "are not governed by the same civil service laws."