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May 13, 2013

Appeal by Peabody firefighter dismissed

PEABODY — The state Civil Service Commission has rejected an appeal from Peabody fire Lt. John Manning contesting the promotion of fellow firefighter Daniel Dean to captain.

Manning contended that Civil Service procedures were violated when Dean was promoted.

Manning’s sister, attorney Mary-Ellen Manning, represented him in the case. A pre-hearing conference was held on Jan. 8, and the city subsequently requested that the complaint be dismissed.

The commission ruled in the city’s favor on May 2.

Manning’s complaint revolved around the requirement for a competitive exam, but the commission said his argument was mistaken.

“The promotion in question met the requirements,” the commissioners wrote. “Mr. Dean: 1) was in the next lower title of lieutenant at the time of the promotional examination for fire captain; and 2) had served in the force ... for at least one year after being certified for the lower title of lieutenant at the time of the promotional examination for fire captain.”

Assistant City Solicitor Donald Conn represented the city.

Neither attorney responded to requests for comment.

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