Bertone for appointment as a Correction Officer 1(CO TD), 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)). However, the Commissions work is not to be accomplished on a wholly blank slate.

Civil Service Comm'n, 447 Mass. 233, 241 (2006), citing G.L. c. 31, 2(b); City of Beverly v. Civil Service Comm'n, 78 Mass. App. Ct. 182, 187 (2010). See also Mayor of Revere v. Civil Service Commn, 31 Mass. App. Ct. 315, 321 (1991) (appointing authority must establish, by a 9 preponderance of evidence, that the reasons assigned to justify the bypass were more probably than not sound and sufficient); Selectmen of Wakefield v.

Attorney Freeley requested DOT Inventory Forms and all supporting documentation submitted for the seventeen public atgrade crossings from the City of Beverly from 2004 to the present to the Federal Railway Administration. This information was filed with the FRA by [a named individual], Highway-Rail Crossing Coordinator with the Mass. Highway Dept. The Department provided a response on July 21, 2021, including responsive records.

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 [C]ommission 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)).

See City of Beverly v. Civil Service Commn, 78 Mass.App.Ct. 182, 189 (2010). There must be a credible basis for the allegations that present a legitimate doubt about a candidates suitability, but the appointing authority is not required to prove to the commissions satisfaction that the applicant in fact engaged in the serious alleged misconduct. . . . Id., 78 Mass.App.Ct. at 189-90.

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.

Executive Director Northshore Education Consortium 112 Sohier Road Beverly, MA 01915 978-232-9755 x 1253 http://www.nsedu.org When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information.

City of Beverly v. Civil Serv. Comm'n, 78 Mass. App. Ct. 182, 187, 936 N.E.2d 7 (2010), DaVeiga argues that the Superior Court judge erred in affirming the commission's decision, that the department failed to show by a preponderance of the evidence that DaVeiga was untruthful on his application, and failed to show that he had a negative work history at the Essex County sheriffs department. We disagree.

City of Beverly v. Civil Service Commn, 78 Mass. App. Ct. When considering allegations of misconduct, there must be a credible basis for the allegations that presents a legitimate doubt about a candidates suitability, but the appointing authority is not required to prove to the commissions satisfaction that the applicant in fact engaged in the serious alleged misconduct... ..