Quotations from first appeals court, ARA/City vs. Milanoski - Ross

From the Bristol County Superior Court in July, 2012; these are the words written by Judge Thomas F. McGuire, Jr. of said court hearing this appeal:

  "The (Civil Service) Commission did not commit any error of law in considering evidence of the Mayor's goals and actions . ."

  "An economic reason may not justify an action, however, if it is a mere pretext for an improper motive fore removing an employee."

  "Any such abolition, however, must be undertaken in good faith and may not be done 'without proper cause' or as a pretext for depriving a person of his job."

  "Further, there was an abundance of evidence that the majority of the Authority's board members had an ulterior motive to abolish the positions."

  "From these facts, the Commission could reasonably draw the inference that they were acting in concert with him (Dumas) to achieve the goal of removing Milanoski, rather than from a sense of fiscal prudence."

  "The Commission's finding that lack of funding was a pretext for action designed to remove Milanoski from his employment without just cause is supported by substantial evidence in the record."

  "The Commission could properly consier evidence of what Mayor Dumas wanted and what he did to achieve those goals as bearing on the board members' intentions.   The Commission did consider that evidence and concluded that the board member were working in concert with the Mayor to remove Minanoski.   The Commission further found that a majority of the board used funding issues as a pretext to terminate employees with just cause, in an effort to assist the Mayor."

  "Judgment shall enter AFFIRMING the decision of the Civil Service Commission . . "