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.