By Beth David, Editor
The Massachusetts Civil Service Commission (CSC) released a final decision and an interim decision on two matters pertaining to the Fairhaven Police Department on 5/15/25.
In the case of Matthew Botelho, the CSC affirmed the decision by the town to appoint Daniel Dorgan as police chief, bypassing then-Sgt. Botelho. The initial appointment did not entirely follow Civil Service rules because the town believed the PD was not longer in Civil Service, as town meeting had voted to remove both the PD and Fire Department from Civil Service with the agreement of the union members at the annual TM in May, 2023.
However, the state Human Resources Division declared that leaving Civil Service requires an act of the legislature, because the town entered into Civil Service in 1953 with a ballot vote. A subsequent Town Meeting vote was only to clarify that Call Firefighters were not included. The legislature then ratified the Civil Service provisions for the town.
After the HRD ruling, the town started the process over and again chose then-Acting Captain Dorgan over Mr. Botelho. At the core of the issue was a letter with the reasons that had not been sent. That letter was generated and sent to Mr. Botelho.
In its ruling, the CSC states, “Fairhaven has proved by a preponderance of the evidence that the decision to select Daniel Dorgan to become the FPD’s Police Chief and to bypass the Appellant was made in compliance with civil service law and was reasonably justified.”
The decision may be appealed within 10 days of the decision.
In the second case, an “interim decision” was issued.
Patrol Officers Marc Darmofal and Frank Sniezek appealed the decision to bypass them for promotion to sergeant last year. The two officers claimed that the town was still in Civil Service and, therefore, they should have been chosen for promotion.
The promotions happened during the time period that the town believed the PD and FD were no longer in Civil Service due to the Town Meeting vote. That proved to be incorrect and the officers appealed the promotions.
The CSC issued the interim decision, stating that the Town Meeting vote was not sufficient to remove the town from Civil Service, because it was adopted through a ballot question during a town election.
“The Commission has withheld a final determination on the appropriate remedial relief pending a status conference with all impacted stakeholders,” reads the decision.
The 17-page document outlines in detail the steps Fairhaven took to get into Civil Service starting with the vote in 1953.
The appellants contend that only a town-wide ballot can remove the Civil Service requirement, while the town contends that the TM vote was sufficient, according to the decision. HRD contends that a special act of the legislature is required.
“The Commission orders the parties to confer and submit, either separately or jointly, a plan to remediate the violation of the Appellant’s civil service rights as well as to address what other or additional action, if any, may be required by the Commission to remediate the civil service rights of the Appellants and/or other Fairhaven police and fire sworn personnel or candidates for appointment affected by this Decision,” reads the decision.
The parties must submit remediation plans by May 29.
In a phone interview, Chief Dorgan would not comment. He said the response will come from town administration, not the PD. The Neighb News was unable to reach Interim Town Administrator, George Samia, by press time.
Either side can file for a reconsideration within 10 days of the decision.
The decisions are available on the CSC website: https://www.mass.gov/lists/recent-civil-service-commission-decisions
•••
Click here to download the 5/22/25 issue: 05-22-25 BlockParty
Support local journalism, donate to the Neighb News with PayPal
