Sisca v. City of Fall River

The board of fire commissioners (board) for the city of Fall River (city) voted to terminate the employment of Peter Sisca, a Fall River fire fighter, for his “unauthorized absence” from his job. See G. L. c. 31, § 38, inserted by St. 1978, c. 393, § 11.3 After review, the personnel administrator *267for the Commonwealth upheld the board’s decision, as did a judge of the Superior Court, acting on a complaint for declaratory relief that had been filed by Sisea and the Fall River Fire Fighters, Local 1314, I.A.F.F. (union).

From a summary judgment entered in favor of the defendants, Sisea and the…