Perullo v. Advisory Committee on Personnel Standards

Following a series of disciplinary reprimands and suspensions for misconduct, Plaintiff was removed from her positions as an assistant clerk-magistrate of the Salem Division of the District Court Department. Plaintiff brought this action challenging her removal, arguing that the decision to remove her exceeded the clerk-magistrate’s statutory authority, was arbitrary or capricious, and violated her due process rights. The superior court upheld the removal decision. The Supreme Judicial Court affirmed, holding that it was appropriate for the clerk-magistrate to factor in the whole of Plaintiff’s disciplinary record in terminating her, and therefore, the clerk-magistrate’s decision was not arbitrary or capricious, due process was satisfied, and Plaintiff demonstrated no deviation from the governing statute or rules. View "Perullo v. Advisory Committee on Personnel Standards" on Justia Law