Mayor of Lawrence v. Kennedy

Thomas Kennedy, a fire fighter in the city of Lawrence, was promoted to lieutenant in the fall of 1993. Unfortunately, the position he was promoted to was occupied at the time by someone else. On this appeal, we are asked to decide whether the city could nevertheless remove Kennedy from the lieutenant’s position only for “cause." Cause was not required for Kennedy’s “removal" from a position that was not vacant at the time of his appointment. We therefore affirm the decision of the Superior Court.

The mayor of Lawrence, acting pursuant to G. L. c. 31, § 7, promoted Kennedy to the position of…