City of Boston v. Deputy Director

Drew Smith, a Boston police officer, was discharged for a second breach of Boston police department rules prohibiting the ingestion of controlled substances.2 He was granted unemployment benefits pursuant to a decision of the board of review of the Division of Employment and Training *226(DET) that denied the Boston police department’s appeal of the review examiner’s decision in favor of Smith. The city appeals the affirmance of that decision by a judge of the Boston Municipal Court, claiming that Smith’s discharge was, in the words of G. L. c. 151A, § 25(e), “attributable to deliberate…