The city was ordered to restore Berrios to a 'clerk and typist' and to pay back pay to January. It is unclear if she must be reinstated as personnel director.
Holyoke mayor Alex Morse.Updated at 9:01 p.m.: Includes comments from Berrios' lawyer Shawn Allyn and Mayor Alex Morse.
HOLYOKE -- The state Civil Service Commission ruled Thursday Mayor Alex B. Morse failed to give Jeanette Berrios proper notice before firing her as city personnel director the same day Morse took office as mayor Jan. 3.
The commission ordered the city to reinstate Berrios as a "clerk and typist" with back pay to Jan. 3.
Lawyer Shawn P. Allyn, representing Berrios, said the commission decision is a rebuke to Morse.
“It means Morse and his inexperienced team were wrong,” Allyn wrote in a text message.
City Solicitor Elizabeth Rodriguez-Ross said she will discuss options to respond to the Civil Service Commission decision with Mayor Alex B. Morse, such as appealing it in Hampden Superior Court.
The commission decision means Berrios would be a clerk-typist with the city, not be reinstated as personnel director. But Berrios would remain not employed by the city if an appeal of the commission decision is filed, Rodriguez-Ross said.
Allyn disputed that, saying Berrios must be reinstated immediately unless a Superior Court judge puts a stay on the Civil Service decision.
Morse said he stood by his decision to fire Berrios because she lacked a bachelor’s degree, as the job requirements specified, and he called on Allyn to be civil.
“I respect the decision of the Civil Service Commission and we will move forward appropriately. Mr. Allyn is welcome to his opinion and I urge him to act in a mature manner in regards to this matter in the interest of civility and professionalism. I could not be more proud of the team we have in Holyoke, at all levels of government,” Morse wrote in an email.
The Civil Service decision comes with the position of personnel director still not filled permanently. Morse terminated the employment of Adam Pudelko, a former city staff attorney, whom Morse had appointed to replace Berrios, on July 3. Morse and Pudelko have declined to discuss the reasons for the termination.
On July 18, Morse appointed Richard A. Merchant interim personnel director. Merchant, of Southwick, was formerly the personnel head in Westfield, Chicopee and Easthampton. He also was city compliance officer here from 1992 to 1998.. He will be temporary director of human resources until a permanent director is hired, Morse said.