City loses case, Senesi’s job threatened

City loses case, Senesi’s job threatened
By George P. Hassett

   The City of Somerville should not have hired Frank Senesi as its director of veterans’ services and must appoint another applicant to that position with full back pay, said Middlesex Superior Court Judge H.J. Smith in his June 19 decision in City of Somerville vs. Somerville Municipal Employees Association (SMEA).

   Assistant City Solicitor Matthew J. Buckley said he was surprised at Smith’s ruling but was confident the city would prevail on appeal.
   “Frank Senesi is a man who has served his country in very impressive fashion. He has earned a bronze star for valor and a purple heart for his heroics. But aside from that experience, he was simply a very qualified candidate with vast managerial and administrative experience,” Buckley said.
   The city took the SMEA Union to court after an arbitrator ruled in July of 2005 that Paul Nelson, a veteran working at the Somerville Public Library at the time, should have been appointed to the position because he was a SMEA member and “at least substantially equal to Senesi in terms of those qualifications posted for the position,” the Arbitrator said.
   “Nelson has a bachelor’s degree and Senesi does not; Nelson is computer literate and there is no evidence that Senesi is; Nelson… had familiarized himself with the various statutes pertaining to veteran statutes {and} there is no indication from the record that Senesi had,” wrote the Arbitrator.
    In the collective bargaining agreement between the city and the SMEA, it stated that an SMEA member must be hired for the director of veterans services position if their qualifications are “substantially equal” to those of an outside applicant. Senesi was not a member of the SMEA and  Judge Smith upheld the Arbitrator’s finding that “the City failed to establish that the qualifications of the outside candidate, Senesi where {sic} demonstrably superior to those of Nelson, the senior candidate.       
   Smith also upheld the Arbitrator’s awards to Nelson. The city is required to appoint Nelson to the director of veterans’ services position and reimburse him for lost wages and benefits, including interest compounded quarterly at 12 percent.
   Yet Buckley is confident the city can win an appeal because of a Massachusetts law he said provides mayors with exclusive authority to appoint the position. In the Superior Court case, Smith ruled that the guidelines set forth in the collective bargaining agreement “shall prevail” when there is a conflict with a state law.
   
 

Comments

[somerspeak]

If it's the opinion of Asst. City Solicitor Buckley that the City will prevail on appeal, Senesi better start looking for a new job.

Where the f&%k did our law department get their law degrees? KMart?

[City Hall Nose]

I guess when your right your right. What was it about a week ago I posted this news and told you it wouldn't be out until the Mayor and his staff had a new position for Frankie?

What this article doesn't tell you is how someone within the Administration had obtained Military RECORDS of those individual who applied for the open position. Unless you’re a court and one had subpoenaed those records, do I believe they would have been revealed. Not as it was done back a few years ago when this "UNION", "Unit A" position was posted. The Administration wanted to fine the nitty gritty on an individual that would ultimately bounce him out of contention.

So the City feels it can appeal the decision? Gee, they lost the first appeal this is why the case had gone to the arbitrator. If they appeal and lose once again, with all the back pay due Mr. Nelson, the City once again, will be in debt to a tune of over $100,000 to a well deserving Civil Servant who is just in his case.

Good Lock BOA, like I said, this is the 3rd F#$%-up you all appointed since this Mayor took office. How many more can you go?

[Really nose!]

Hmmm.. does anyone really not know that the "nose" is Joe D. from Auditing? Hope you LIKED your job Joe

[City Hall Nose]

So Really Nose!!! Your telling me I am being terminated? On what grounds you dip Shit? YOu can't do a damn thing by me voicing my thoughts. DO it and you will see. Another civil suit for you all to loose.

As the saying goes, "SHOW ME THE MONEY"

[Another city hall jag off]

Another city hall jag off wasting our tax dollars.

[work?]

What? Standing outside smoking cigars all day is wasting tax dollars???

[City Hall Nose]

Heck I don't care if we sign the contract any time soon. I get my kicks watching them all squirm. This is much better than watching the fireworks the other night. At least here, I can take some kind of control.

They can burst at any time. I am sure it will be soon too.

[Jimmy D. on Nose]

I don't know who The Nose is or who Joe D. is, but I think The Nose is doing a great job. The Mayor thinks nothing of incurring the wrath of the courts (Assembly Sq.) or of of losing hundreds of thousands of dollars (pick a case) while crying poor mouth and raising taxes. If we could get our administrative house in order we could save millions simply by following the rules.

[DickyBird]

Here we go again so let's all blame Mayor Kelly Gay

[Miss Irish Rose]

Leave former Mayor Gay alone.

Miss Irish Rose

[losers]

Every single case that has had to be paid out (except the Senesi one)by this administration has been a case filed against Dorothy Kelly Gay's administration. That is a fact - all public record look it up. Jimmy D. - Joe D. is a moron I hope that helps.

[somerspeak]

Can you save us the time and trouble and tell us which cases you are referring to?

If you can back up your claim, then I wonder why the current Mayor hasn't learned from those Kelly Gay blunders and continues to make some of the same stupid and arrogant mistakes?

Ignoring and circumventing the city ordinances still costs us hundreds of thousands for repeat stupid, arrogant mistakes. No matter who makes them.

[somer to Jimmy D. on Nose and o0thers]

No wonder you can't get any help from the mayor and aldermen. They are too busy getting the city's asses kicked. There are a lot of other cases too that are never mentioned here. The city is causing and losing these as well. Lots of em!

[Kramer vrs the zoning board of Somerville & Nextell]

Ha, you want more?

[City Hall Nose]

Watch for a shift in appointed personnel this summer. Senesi taking on less than he can handle due to the recent decision made by the arbitrator and up-held by the courts.

Where will he land his hat next? Could it be head Dog Catcher? How about Parade Coordinator? Most likely he will be tucked away in a meaningless job made up by the Mayor and his Staff that will see Frank set off into the sunset after this up-coming election.

I hear the Skipper is looking for a second mate! How bout it Senesi? You got your sea legs underneath you?

[Dumb and Dumbest]

Joe continues his proud tradition of appointing the most unqualified and dumbest people available for the job.

Matt Buckley might be a nice guy. But do you know anyone besides Joe who would hire him as an attorney?

As for Frank Sensi- well this goes down with the many other appointments made by Joe. Totally unqualified and unfit.

What a craper 99 Highland has become.

Whose next Frank Bakey as Ethics Commissioner? Or how about Vinny Piro to run Inspectional Services?

[Ode to Naugthy Girl]

Oh where Oh where can the Naughty Girl Be
Oh where Oh where could she be
Booked with the crew of misfits and Hacks galore
Oh where Oh where could she be

While the lines are cast and the engine makes way
They all pour drinks out to the bay
Sips here and there then there and here
Oh where Oh where could she be

The Skipper takes charge and starts to bark
Let’s all look good for the mark
Hey Joe, hey Stan and Mikey and rest
Oh where Oh where could she be

High seas and waves and white caps too
Light winds, ocean breeze and sea of blue
If I'd known any better on how to steer
Oh where Oh where can she be

We look around and find the Girl
Once known as a wonderful pearl
But now that she’s dry docked on Richardson Street
We now know that’s where she will be

[all done]

the smea union is almost all done,the law suits are coming on apersonal level so guys and gals lawyer up the little party you had is just about over!jobs for ot and kick backs are over and of course money for joey!also go get them tom r.gov.

[Apu]

Dear JN,

As you already know, I have not been on for quite some time. I decided I would have a look into the wonderful world of online bashing. To my surprise, I no longer see witty remarks, candid banter, or the somewhat intelligent debates. Instead I see half-baked remarks like the one from "all done"
That whole comment looks as if it were written by a seven-year-old dyslexic on crack.

The Ode to the naughty girl was lame at best.

I did get a laugh out of the DiFranco comments. However, I don't agree with the accusation. The nose (in this particular case) was not DiFranco. I'm not saying DiFranco doesn’t post things here using that name. Everyone knows that guy is a disgruntled loser. However, he did not post that particular comment. The two grievants for the veteran service position were by-passed in favor of Senesi.
That's correct, TWO grievants. One of the grievants withdrew his claim. Why ????????

Read this quote from the Nose: "Someone within the Administration had obtained Military RECORDS of those individual who applied for the open position. Unless you’re a court and one had subpoenaed those records, do I believe they would have been revealed. Not as it was done back a few years ago when this "UNION", "Unit A" position was posted. The Administration wanted to fine the nitty gritty on an individual that would ultimately bounce him out of contention."

Who was the 2nd Grievant? Why did he withdraw his claim?
Answer that question and you will know who made that comment!

Thank You,
Come Again!

[i know who]

pj was the 2nd applicant...