See City of Beverly v. Civil Serv. Commn, 78 Mass. App. Ct. 182, 189 (2010). 8 In its review, the commission is to find the facts afresh, and in doing so, the commission is not limited to examining the evidence that was before the appointing authority. City of Beverly, 78 Mass. App. Ct. at 187 (quoting City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)).

Acknowledgment is made of a recent decision City of Beverly (cited below) by the Appeals Court. The City of Beverly decision addressed the standard of review employed by the commission for cases involving the bypass for hiring a candidate for a civil service police officer position. The Courts decision also addressed the issues of burden of proof and proper exercise of judgment incumbent upon the appointing authority in these hiring matters.

See City of Beverly v. Civil Serv. Commn, 78 Mass.App.Ct. 182, 189 (2010). 11 In its review, the commission is to find the facts afresh, and in doing so, the [C]ommission is not limited to examining the evidence that was before the appointing authority. City of Beverly, 78 Mass.App.Ct. at 187 (quoting City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)).

City of Beverly v. When considering allegations of misconduct, there must be a credible basis for the allegations that presents a Tegitimate doubt about a candidates suitability, but the appointing authority is not Labriola v. Town of Stoneham G2-10-277/CS-11-50 required to prove to the commissions satisfaction that the applicant in fact engaged in the serious alleged misconduct 2... Id. at 189-90. .

PLEASE PRINT OR TYPE Name and Address of Labor Organization Local 1669, IAFF, AFL+CIO, 15 Hale Street, Beverly, MA Q1915 Affiliation (if any) To National or State Labor Organization International Association of Fire Fighters Name and Address of President of Local Labor Organization Eric Fowler, 15 Hale Phone #*=" President St., Beverly, MA 01915 Fowler, . ; Name and Address of Collective Bargaining Agent Eric Beverly, Michael Home 978-479-3901 Essex

See City of Beverly, 78 Mass. App. Ct. at 190 n.15 (appointing authoritys obligation to provide reasonable justification for its actions does not -7- create a specific burden of proving the truth of third party allegations of misconduct.).

G.L. c. 31, 1; Sherman, 472 Mass. at 804; City of Beverly v. Civil Serv. Comm., 78 Mass. App. Ct. 182, 189 (2010). Review by Civil Service Commission is de novo and focus[es] on the fundamental purposes of the civil service system to guard against political considerations, favoritism, and bias in governmental employment decisions, including, of course, promotions, and to protect efficient public employees from political control.

City of Beverly v. CivilServ. Commn., 78 Mass. App. Ct. 182, 188 (2010), quoting Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). Substantial evidence is such evidence as a reasonable mind might accept as adequate to support a conclusion, a test which takes into account the entire record, both the evidence supporting the agencys conclusion and whatever in the record fairly detracts from that weight of evidence. See Covell v.

Acknowledgment is made of a recent decision City of Beverly (cited below) by the Appeals Court. The City of Beverly decision addressed the standard of review employed by the commission for cases involving the bypass for hiring a candidate for a civil service police officer position. The Courts decision also addressed the issues of burden of proof and proper exercise of judgment incumbent upon the appointing authority in these hiring matters.

Reade concluded that the Appellant was not psychologically fit to be a Boston Police officer. 25 Acknowledgment is made of a recent decision City of Beverly (cited below) by the Appeals Court. The City of Beverly decision addressed the standard of review employed by the commission for cases involving the bypass for hiring a candidate for a civil service police officer position.