Joseph v. Administrator of the Division of Personnel Administration

Joseph, acting chief of Norwell’s police department, seeks declaratory relief concerning the certification by the administrator to the selectmen (as the town’s appointing authority) of an eligible list for the appointment of a chief of police. The case was heard on a stipulation of agreed facts, which states among other things that the town’s police force is within the official service of the civil service system.

On July 31, 1978, the town’s former police chief retired. The selectmen asked the administrator to conduct an open competitive examination for filling the vacancy. The written…