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.

City of Beverly v. Civil Service Commn, 78 Mass.App.Ct. 182, 189, 190-191 (2010) citing Falmouth v. Civil Serv. Commn, 447 Mass. 824-826 (2006). The Commission owes substantial deference to the appointing authoritys exercise of judgment in determining whether there was reasonable justification shown. Beverly citing Cambridge at 305, and cases cited. Analysis DOC relied on two (2) reasons to bypass Mr.

LeLacheur Beverly Police Department 175 Elliott Street Beverly, MA 01915 Dear Chief LeLacheur: I have received the petition of Andrew Quemere appealing the response of the Beverly Police Department (Department) to a request for public records. See G. L. c. 66 10A; see also 950 C.M.R. 32.08(1). On February 5, 2023, Mr. Quemere requested [a]ll records related to internal affairs investigations of a retired detective.

Murray Supervisor of Records November 10, 2020 SPR20/2106 Captain Richard Russo Beverly Police Department 191 Cabot Street Beverly, MA 01915 Dear Captain Russo: I have received the petition of Andrew Quemere appealing the response of the Beverly Police Department (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr.

LeLacheur Beverly Police Department 175 Elliott Street Beverly, MA 01915 Dear Chief LeLacheur: I have received the petition of Andrew Quemere appealing the response of the Beverly Police Department (Department) to a request for public records. G. L. c. 66 10A; see also 950 C.M.R. 32.08(1). On February 5, 2023, Mr. Quemere requested [a]ll records related to internal affairs investigations of a retired detective.

LeLacheur Beverly Police Department 191 Cabot Street Beverly, MA 01915 Dear Chief LeLacheur: I have received the petition of Arthur G. Grenier appealing the response of the Beverly Police Department (Department) to a request for public records. G. L. c. 66, 1OA; see also 950 C.M.R. 32.08(1). Specifically, on December 2, 2019, Mr.

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 23, 2023 SPR23/1238 Peter OConnor Fire Chief Beverly Fire Department 15 Hale Street Beverly, MA 01915 Dear Chief OConnor: I have received the petition of Andrew Quemere appealing the response of the Beverly Fire Department (Department) to a request for public records. G.

See City of Beverly v. Civil Serv. Commn, 78 Mass.App.Ct. 182, 189 (2010). In its review, the commission is to find the 6 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.

See City of Beverly v. Civil Serv. Commn, 78 Mass. App. Ct. 182, 188, 189 (2010). When an applicant appeals an appointing authoritys decision to bypass him for a position, the appointing authority has the burden of proving by a preponderance of the evidence that the reasons for the bypass are justified. G. L. c. 31, 2(b). The appointing authority must show a reasonable justification for its decision. Brackett v. Civil Serv.

City of Beverly v. Civil Service Commn, 78 Mass.App.Ct. 182, 189, 190-191 (2010) citing Falmouth v. Civil Serv. Commn, 447 Mass. 824826 (2006). The Commission owes substantial deference to the appointing authoritys exercise of judgment in determining whether there was reasonable justification shown. Beverly citing Cambridge at 305, and cases cited. Analysis The issue here is whether DOC, by a preponderance of the evidence, has shown that Ms.