McGuiness v. Department of Correction

This case concerns the effect of a tie vote on the Civil Service Commission (commission) in an appeal from a *661decision of the Department of Correction (department) to terminate two employees. On this record, we conclude that the effect of the tie vote was that the initial decision of the hearing officer affirming the department’s termination order became the final decision of the commission, which, in turn, is subject to judicial review.

1. Background. The plaintiffs, Benjamin McGuiness and Richard Mullen, were employees of the department, assigned to the Massachusetts Alcohol and Substance…