The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 3, 2024 SPR24/3115 Laura VanDorn Special Education Director Leominster Public Schools 24 Church Street Leominster, MA 01453 Dear Ms. VanDorn: I have received the petition of Kent DeMott appealing the response of the Leominster Public Schools (School) to a request for public records. See G.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). An action is justified when it is done upon adequate reasons sufficiently 4 supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law. Id. at 304, quoting Selectmen of Wakefield v. Judge of First Dist. Ct. of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.

DISCUSSION The question before the Commission was whether there Was \ reasonable justification: for the action taken by the [Town] in the circumstances found by the commission to have cxisted when the [Town] made its decision,' City of. Leominster v, Stratton, 58 Mass. App. Ct. 726, 727-728 (2003) (quotation and citations omitted).

In making this determination, the CSC is not limited to ~ reviewing only the evidence that was before the appointing authority, City of Leominster v. Stratton, 58 Mass, App. Ct. 726, 727 (2003). The CSC is authorized to hear[] evidence and find facts anew. Id.

City of Leominster, 23 MLC 62, 66 (1996) (citing Hanson School Committee, 1671 (1979)). 5 MLC Factors considered in determining whether impasse has been reached include: bargaining history, the good faith importance of the issues to which of the there 20 understanding of the parties concerning 21 Westminster Regional School District, parties, the length is disagreement, the 29 12 state MLC and of negotiations, the contemporaneous of negotiations.

CERB Decision on Appeal (cont'd) MUP-11-6289 the good faith of the parties, the length of negotiations, the importance of the issues to which there is disagreement, concerning the District, 29 MLC state and the contemporaneous of negotiations. understanding of the parties Ashburnham-Westminster Regional School 191, 195 (2003) (citing Town of Westborough, 25 MLC 81, 88 (1997): Town of Weymouth, 23 MLC 70, 71 (1996), City of Leominster, 23 MLC 62, 66

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). An action is "justified" when it is "done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law." Id. at 304, quoting Selectmen of Wakefield v. Judge of First Dist. Ct. of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). An action is justified if it is done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law. Commissioners of Civil Service v. Municipal Ct., 359 Mass. 211, 214 (1971); Cambridge, 43 Mass. App. Ct. 300, 304; Selectmen of Wakefield v. Judge of First Dist.

City of Leominster v. Stratton, 58 Mass. App. Ct. 726 (2003). This Court will examine whether there was substantial evidence to support the DALA recommended decision. The primary objection that the plaintiffs have to the DALA decision is that the credibility judgments are not well founded. This requires a brief factual descript ion.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). An action is "justified" when it is done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law." Id. at 304, quoting Selectmen of Wakefield v. Judge of First Dist. Ct. of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.

Carpenter Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Leominster, MA 01453 Framingham, MA 01702 Framingham, MA 01701 Abington, MA 02351 Framingham MA, 01702 Framingham MA, 01702 Abington, MA 02351 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01701 Framingham, MA 01701 Framingham, MA 01701 Natick, MA Framingham, MA 01702 Natcik, MA 01760 Fitchburg, MA 01420 Framingham, MA 01702 Framingham, MA 01701