Town ofFalmouth v. Civil Service Commn, 447 Mass. 814, 823, 857 N.E.2d 1053, 1059 (2006) and cases cited. The Appointing Authority's burden of proof by a preponderance of the evidence is satisfied "if it is made to appear more likely or probable in the sense that actual belief in its truth, derived from the evidence, exists in the mind or minds of the tribunal notwithstanding any doubts that may still linger there." Tucker v.
Town ofFalmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. The role of the Commission is to determine "whether the appointing authority has sustained its burden of proving that there was reasonable justification for the action taken by the appointing authority." City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also City of Leominster v.
COMMONWEALTH OF MASSACHUSETTS _ BEFORE THE DIVISION OF LABOR RELATIONS ) ) ) ) ) ) In the matter of Town ofFalmouth, Respondent, Case No. MUP-10-5996 ) and ) ) ) AFSCME, Council 93, ) Charging Party/Petitioner ANSWER The Town of Falmouth TO COMPLAINT (the Town) answers as follows the Complaint of Prohibited Practice in the above-captioned matter. CountI 1-3. Denied.
Hurley Building 19 Staniford Street, 1st Floor Boston, MA 02114 Re: AFSCME, Council 93 and Town ofFalmouth Case No.: MUP-10-5996 Dear Attorney Goodberlet: Enclosed please find an original and two copies of the Town ofFalmouths Post-Hearing Brief in the above-captioned matter. If you have any questions, please do not hesitate to telephone me. Very truly yours, \ - Coe Joshira R.
agree to engage in mediation. they must THE HEARING. date(s) are The parties in the above-referenced matter have conferred and agree that the following acceptable for the scheduling of mediation session(s): ~ Date: Time: Date: Time: Date: | Time: P:\TM Documents\Merge Templates\TM NOTICE OF COMPLAINT AND HEARING.doc COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS REKREKEKREEREREERKRERERRREREERAEREEEREERERERERERERERR RIK In the Matter of TOWN
COMMONWEALTH OF MASSACHUSETTS JOINT LABOR-MANAGEMENT COMMITTEE FOR MUNICIPAL POLICE AND FIRE py eres In the Matter of the Interest Arbitration Between ee ) ) ) TOWN OFFALMOUTH ) ) and ) FALMOUTH FIREFIGHTERS UNION, IAFF, LOCAL 1397 Case No. JUMC-11-27F ) ) ) POST HEARING BRIEF OF THE TOWN OFFALMOUTH I.
See, e.g., Town ofFalmouth v. Civil Service Commn, 447 Mass. 814, 823, (2006); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 411, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Service Commn, 38 Mass App.Ct.473,477 (1995); Town of Watertown v. Arria, 16 Mass.App Ct. 331,334, rev.den.,390 Mass. 1102, (1983). Under Section 43, the Commission is required to conduct a de novo hearing for the purpose of finding the facts anew.
Town ofFalmouth v. Civil Service Commn, 447 Mass. 814, 823 (inconsequential differences in facts found were insufficient to hold appointing authoritys justification unreasonable) See generally Villare v. Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing need for de novo fact finding by a disinterested Commissioner in context of procedural due process); Bielawksi v.
Town ofFalmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. The role of the Commission is to determine "whether the appointing authority has sustained its burden of proving that there was reasonable justification for the action taken by the appointing authority." City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also City of Leominster v.
Town ofFalmouth v. Civil Serv. Commn, 447 Mass. 814, 821 (2006), quoting Nuclear Metals, Inc. v. Low-Level Radioactive Waste Mgt. Bd., 412 Mass. 196, 211 (1995) (internal quotations and modifications omitted). Therefore, where more than one equally plausible reading of statutory language exists, courts defer to the agencys reasonable interpretation. Town ofFalmouth, 447 Mass, at 821. Ii.
MA Public Employee Council and Town ofFalmouth AAA 01-17-0000-53 16 BACKGROUND James Medeiros had been employed by the Town of Falmouth for 28 years when he was terminated on December 9, 2016. Mr. Medeiros was terminated for allegedly threatening a coworker with violence, insubordination, and witness intimidation. Mr.
Mirick, 0' Connell, De Mallie & Lougee, LLP 100 Front Street Worcester, MA 01608 Dear Attorney Moschos: I have received your request that I reconsider my previous written determination concerning the Town ofFalmouth's (Town) response to a public records request made by Jillian M. Ryan, Esq. of Pyle Rome, Legal Counsel for the Town ofFalmouth Firefighters Union (Union). See SPR15/460 Determination ofthe Supervisor ofRecords (December 4, 2015).
Ryan, Esq. of Pyle Rome, Legal Counsel for the Town ofFalmouth Firefighters Union (Union), appealing the response of the Town ofFalmouth (Town) to her request for public records. G. L. c. 66 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney Ryan requested a copy of prior drafts of a report prepared by the Towns consultant, Matrix Consulting Group.