Section 42: Complaints; hearings; jurisdiction; filing of civil action
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/ma/part-i/title-iv/chapter-31/42A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 42. Any person who alleges that an appointing authority has failed to follow the requirements of section forty-one in taking action which has affected his employment or compensation may file a complaint with the commission. Such complaint must be filed within ten days, exclusive of Saturdays, Sundays, and legal holidays, after said action has been taken, or after such person first knew or had reason to know of said action, and shall set forth specifically in what manner the appointing authority has failed to follow such requirements.
If the commission finds that the appointing authority has failed to follow said requirements and that the rights of said person have been prejudiced thereby, the commission may order the appointing authority to restore said person to employment immediately with or without loss of compensation or other rights. This section shall not apply to a person who is the subject of disciplinary action or other employment-related consequences by an appointing agency, as defined in section 1 of chapter 6E, that results from decertification under section 10 of said chapter 6E.
A person who files a complaint under this section may at the same time request a hearing as to whether there was just cause for the action of the appointing authority in the same manner as if he were a person aggrieved by a decision of an appointing authority made pursuant to all the requirements of section forty-one. In the event the commission determines that the subject matter of such complaint has been previously resolved or litigated with respect to such employee, in accordance with the provisions of section eight of chapter one hundred and fifty E, or is presently being resolved in accordance with said section eight, the commission shall forthwith dismiss such complaint.
If said complaint is denied, such hearing shall be conducted and a decision rendered as provided by section forty-three.
The supreme judicial court or the superior court shall have jurisdiction over any civil action for the reinstatement of any person alleged to have been illegally discharged, removed, suspended, laid off, transferred, lowered in rank or compensation, or whose civil service position is alleged to have been illegally abolished. Such civil action shall be filed within six months next following such alleged illegal act, unless the court upon a showing of cause extends such filing time.