See City of Beverly v. Civil Serv. Commn, 78 Mass.App.Ct. 182, 189 (2010). 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)).

City of Beverly v. Civil Serv. Commn, 78 Mass. App. Ct. 182, 188 (2010), citing Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003) (internal quotation omitted). Moreover, ijn light of the high standards to which police officers appropriately are held, appointing authorities are given significant latitude in screening candidates. ... City of Beverly, 78 Mass. App. Ct. at 188.

See City of Beverly v. Civil Serv. Commn, 78 Mass.App.Ct. 182, 189 (2010). 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)).

Employer City of Beverly 3. 2. Representative to contact 4, Telephone Number Michael Maccaro, Esq. (617) 479-5000 Address (street and No., city/town, state, and ZIP code) 5. Fax Number 300 Crown Colony Drive, Suite 410, Quincy, MA 02169 (617) 479-6469 6. 7. Representative to contact 9. Telephone Number | Employee Organization (if any): 8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number 11.

Acknowledgment is made of a recent decision City of Beverly v. Civil Service Commn & another. 78 Mass. App. Ct. 182 (2010). 11 City of Beverly decision addressed the standard of review employed by the commission for cases involving the bypass of a candidate for a police officer position as well as the burden of proof and the proper exercise of judgment incumbent on the Appointing Authority in such matters.

City of Beverly v. Civil Serv. Commn, 78 Mass.App.Ct. 182,188 (2010) citing Cambridge at 305, and cases cited. Analysis As shown through years of prior decisions, the Commission has given significant weight to whether an applicant has been the subject of a civil restraining order and has decided that evidence of prior domestic abuse, standing alone, is a valid reason for bypass.

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.

East Amherst, MA 01002 Pleasant Street 10 University Amherst, MA 01002 Drive 24 North Amherst, MA 01002 Pleasant St 40 Park Street Andover, MA 01810 645 Mass Ave Arlington, MA 1510 S WASHINGTON ATTLEBORO MA 02760 STREET 50 Pleasant St Attleboro, MA 02703 221 WASHINGTON ATTLEBORO, MA 02703 ST 10 Prospect Auburn, MA 01501 Street 711 Auburn, MA 01501 Southbridge St 231 Forest St Babson Park, Ma. 02457 257 Hartford Bellingham, MA 02019 Ave 302 Rantoul Beverly

By a 6-1 decision, the SJCs majority opinion questioned the notion that an employer need not look behind an applicants prior employment termination (embraced previously by the Appeals Court in City of Beverly v.

See City of Beverly v. Civil Serv. Commn, 78 Mass.App.Ct. 182, 189 (2010). 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. Id. at 187 (quoting City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)). The commissions task, however, is not to be accomplished on a wholly blank slate.