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Veteran Firefighter Sues City, Civil Service in Promotion Dispute

A longtime member of the Peabody Fire Department is now suing both the city and the Civil Service Commission after the commission denied his appeal last month.

Peabody Fire Lt. John Manning is now suing both the city and the Civil Service Commission for alleged violations in the recent promotion of a fellow firefighter that led to Manning being passed over in favor of the less experienced officer.

Manning complained to the state Civil Service Commission earlier this year that Civil Service rules were violated when Lt. Daniel Dean was promoted to Captain, but that appeal was denied by the commission, which told Manning he was mistaken in his claim of impropriety.

The Salem News reports that Manning, who is represented by his sister local attorney Mary-Ellen Manning, filed suit in Salem Superior Court to continue the fight and says the Civil Service Commission is ignoring its own regulations by siding with the city.

Both John Manning and Dean were candidates for Captain -- Manning has 20 years in the department while Dean has eight -- but Dean was rated higher based on the results of an exam and education and experience, and therefore he got the job.

The problem, according to Manning, is that Dean wasn't certified as a lieutenant for at least three years yet. He argues that Civil Service says any city with more than 50,000 people should require a candidate to have at least three years of experience before taking an exam for promotion.

The Civil Service Commission, however, said relevant state law wasn't intended to bar someone from promotion for that reason.

The Salem News reports Manning has spent nine years as a lieutenant and he argues he should have been considered first for the job before Dean.

As a remedy, Manning is asking to be promoted with the next vacancy of senior officers and given back pay to last October.

You can read more from the Salem News story here.

Bruce Atkins June 24, 2013 at 02:49 PM
Is this whole family nuts? They don't seem happy unless they are embroiled in controversy or lawsuits.
Dexter McManus June 24, 2013 at 08:10 PM
It sounds like a legitimate argument to me. Obviously he is NOT happy or he wouldn't be suing. What is wrong with people who stick their necks out to try to right a wrong? I would stand up for my family if it was me. Good for them.
STEVE GREEN June 24, 2013 at 10:44 PM
ANOTHER UNSATISFIED CITY EMPLOYEE. LIKE THEY DON'T GET PAID ENOUGH FOR DOING BASICALLY NOTHING ON A CIVIL SERVICE CAREER.

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