City ofCambridge, 25 Mass. App. Ct. 47, 4950 (1987) ([A] governmental agency is bound to respect its own regulations as long as they are on the books. Public confidence in the fairness of policy administration is surely undermined if an agency does not adhere to its own regulations consistently, rather than selectively.). The DLRs properly promulgated regulations do not allow for this ad hoc investigation.
Municipal Ct., 359 Mass. 211, 214 (1971); City ofCambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, (1997); Selectmen of Wakefield v. Judge of First Dist. Ct., 15 304, rev.den., 426 Mass. 1102 262 Mass. 477, 482 (1928). The Commission determines justification for discipline by inquiring, "whether the employee has been guilty of substantial misconduct which adversely affects the public interest by impairing the efficiency of public service."
City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300,304 (1997). See Town of Watertown v. Arria, 16 Mass. App. Ct. 331 (1983); McIsaac v. Civil Service Commission, 38 Mass. App. Ct. 1 As stated in finding 37, Philip Plasse, the owner of the paving company, allegedly boasted to the Pares that he knew Hank LaMountain, a member of the Towns Board of Selectmen. At the local hearing regarding this matter, Mr. Pare testified that Mr.
City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 304 (1997). The issue to determine in this case therefore is whether the Respondent, at the time of the Section 41 hearing, had reasonable justification for suspending the Appellant for a period of three (3) days. Town of Watertown v. Arria, 16 Mass. App. Ct. 331 (1983). McIsaac v. Civil Service Commission, 38 Mass. App. Ct. 473, 477 (1995). Police Department of Boston v.
City ofCambridge, 7 MLC 2111, 2112, MUP-3386 (May 6, 1981). Deferral to arbitration is a matter of discretion, and generally, the CERB defers when the issue posed by the unfair labor practice charge is essentially a question of contract interpretation, the statutory issues raised by the case are well established, and the resources of the [CERB] and the parties can be conserved through deferral.
City ofCambridge, 50 Mass. App. Ct. 1, 4, rev. den., 432 Mass. 1110 (2002). The Commission considers the special responsibilities imposed upon police officers, who carry a badge and a gun and all of the authority that accompanies them, and which requires them to comport themselves in an exemplary fashion, especially when it comes to exhibiting self-control and to adhere to the law, both on and off duty.