Abban, 434 Mass. 256, 259 (2001), citing City ofCambridge v. Civil Serv. Commn, 43 Mass.App.Ct. 300, 304 (1997). Basic merit principles means, among other things, assuring fair treatment of all applicants and employees in all aspects of personnel administration. . . and protecting employees from arbitrary and capricious actions. G.L. c. 31, 1. A decision is arbitrary and capricious when it lacks any 14 The November 21, 2013 message to Mr.
City ofCambridge v Civil Service Commission, 43 Mass.App.Ct. at 305. Such is the level of public trust placed in a police officer that nearly any public indiscretion could be regarded as conduct unbecoming a police officer. Thames v. Boston Police Dept, Docket No. G-02-82 (2004) (citing School Comm. of Brockton v. Civil Serv. Commn., 43 Mass.App.Ct. 486, 491-92 (1997)).
See City ofCambridge, 7 MLC 2111, 2112, MUP-3386 (May 3 The Union, in its original grievance filing, alleged violations of Articles 1, 2 and 3 and Chapter 150E as well as a violation of Article 9.
.); City ofCambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 303-305, rev.den., 428 Mass. 1102 (1997) (Commission must not substitute its judgment for a valid exercise of appointing authority discretion, but civil service law gives the Commission some scope to evaluate the legal basis of the appointing authoritys action, even if based on a rational ground.)
City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 304 (1997). 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 rule of law. /d. at 304, quoting Selectmen of Wakefield v. Judge of First District Court of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.
E.g., City ofCambridge v. Civil Service Commission, 43 Mass.App.Ct. 300, 303-305, 682 N.E.2d 923, rev.den., 428 Mass. 1102, 687 N.E.2d 642 (1997) (Commission may not substitute its judgment for a valid exercise of appointing authority discretion, but the Civil Service Law gives the 11 Commission some scope to evaluate the legal basis of the appointing authoritys action, even if based on a rational ground.).
City ofCambridge v. Civil Service 18 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. 473, 477 (1995); Police Department of Boston v. Collins, 48 Mass. App. Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003).