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75th N.H.P.A.
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Weinburgh v. Civil Service Commission, a recent decision of the Massachusetts Court of Appeals.

To be eligible to sit for a promotional exam one need not actually be in the next lower title for one year before the exam, one need only be certified as eligible for appointment to the next lower rank for one year prior to the exam date.

For example, a police officer has taken and passed the promotional examination for sergeant was placed on the promotional list for sergeant in March of 2007. Even though not actually promoted to sergeant, this police officer would be eligible to take the exam for lieutenant in October of 2008.

The court added that the law would require, before promotion to lieutenant, that the police officer actually be promoted to sergeant.

Here is a link to the case on the Social Law Library website:

http://www.socialaw.com/slip.htm?cid=18459&sid=119
 
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