State Board Denies Cafarelli’s Appeal for Reinstatement as Police Lieutenant

The Massachusetts Human Resources Division last week dismissed former police chief Joseph Cafarelli’s appeal for reinstatement to his previous Civil Service position as a Lieutenant on Revere’s police force and for approval of a “past leave of absence.

Cafarelli, who became acting chief in February 2012 and full chief in July 2012, had filed an appeal with the state human resources division after Mayor Brian Arrigo opted not to renew his contract in June 2017 as chief at the end of a five-year term.

Cafarelli then appealed for reinstatement as a lieutenant.

The Human Resources Division (HRD) determined that the former Chief vacated his former civil service position on July 2, 2012 when he was promoted to a five-year appointment as Chief of Police, a position not governed by civil service regulations. Cafarelli maintained that he was on a leave of absence from his civil service position during his tenure as Chief.

When reached earlier this week, Cafarelli said he had no comment. He is now employed by the U.S. Attorney’s office.

In a four-page decision, HRD General Counsel John Marra noted that neither the City nor Cafarelli had notified HRD of Cafarelli’s promotion at the time.  Citing Massachusetts law, Marra noted that to maintain his eligibility for reinstatement, the necessary extended leave of absence from the civil service position was contingent upon HRD approval in 2012.

The HRD decision said: “There is no evidence that the Appellant (Cafarelli) sought and received prior approval from the HRD granting a leave of absence during his employment as Chief of Police. Accordingly, without a valid approved leave of absence, the Appellant is not entitled to reinstatement to his former position of police lieutenant pursuant to civil service law.”

“As the HRD decision confirms, we followed procedures that are clearly set out in the law,” said Mayor Brian M. Arrigo. “I have always respected Joe Cafarelli’s service to the City, and neither my decision to make a change at the top of the police department, nor this decision, changes that.  The HRD decision merely confirms that we went about the process properly.”