Legal reversal allows Senesi to keep his job

By George P. Hassett

The state's Supreme Judicial Court reversed the decisions of two lower courts this week, allowing Frank Senesi, the city's director of veterans services, to keep his job.

Paul Nelson, a veteran employed at the Somerville Public Library, had challenged Senesi's appointment in Jan. 2004 saying the city, under its collective bargaining agreement, was required to hire a member of the Municipal Employees Association. The city contended state law gave the mayor exclusive authority to appoint the position.

Nelson scored two legal victories that awarded him the job and full back pay but city attorneys appealed to the state's highest court and won.

“We never doubted that the earlier rulings on this issue were mistaken, and this opinion shows we were right to appeal this case all the way to the top,” said Mayor Joseph A. Curtatone in a statement. The SJC's ruling protects the authority of the mayor and the Board of Aldermen to appoint the candidates for city positions based on their professional qualifications and skills.”

Assistant City Solicitor Matthew Buckley, who argued the case in court, said, “We persisted because we knew we were in the right, and we have finally been vindicated.”

Senesi has been awarded the Bronze Star and Purple Heart for his military service. He was one of the lead organizers of Sunday's Memorial Day Parade.

Comments

[City Hall Nose]

If Buckley knew they were right why did they offer Paul a settlement before they went to court?

Why???

[Rob]

My guess is to save the city money it would have to spend on litigating the case.

[fuzileiro21]

Dear City Hall Noose:

The offer of settlement, in most cases, has nothing to do with the merits of the case. Sometimes it is cheaper to settle than to litigate.

Based on the potential cost of litigation the City Solicitor probably decided that it would have been be cheaper to settle the lawsuit (I have no info that an offer was made). By declining the settlement, Mr.Nelson is getting "0", plus attorneys fees that he will have to pay. Remember, "Any settlement is better than a bad trial"