Kern v. Personnel Administrator of the Department of Personnel Administration

In July, 1984, the personnel administrator of the Department of Personnel Administration (administrator) certified to the city of Lynn (city) a list (established after competitive examination) of fifteen persons eligible to be appointed as lieutenant in the city’s fire department. The plaintiff was the thirteenth person on that list. Between July, 1984, and November, 1986, the first eleven persons were appointed. The July, 1984, eligibility list was extended until February 9, 1987, when a new list was established. See G. L. c. 31, § 25. As the plaintiff did not take the examination leading to…