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. Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006).

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. Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006).

Box 246, Leominster, MA 01453 978-534-6578 Method of Service LJ In hand First Class Mail L] Other (specify): Signature of Person making Certification yaveue ob Telephone Number rainalv opr D ee The Commission does not discriminate on the basis of disability in access to its services. 508-791-2121 Inquiries, complaints or requests, including requests for auxiliary aids and information regarding access features should be directed to the ADA Coordinator

Murray Supervisor of Records April 8, 2019 SPR19/637 Ned Pratt Director of Student Services/Records Access Officer Town of Leominster Public Schools 24 Church Street Leominster, MA 01453 Dear Mr. Pratt: I have received the petition of Kevin Bliss appealing the response of the Town of Leominster - Public Schools (School) to a request for public records. G. L. c. 66, 1OA; see also 950 C.M.R. 32.08(1).

Civil Service Commn, 447 Mass. 814, 823 (2006) (As the finder of fact, assessing the credibility of witnesses is within the purview of the Commissions hearing officer); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 729 (2003) (same); Green v. Town of Brookline, 53 Mass. App. Ct. 120, 127 (2001) (same); Springgate v. School Comm. of Mattapoisett, 11 Mass. App. Ct. 304, 309-10 (1981) (same). Mr.

City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). Rowe contends that the Commission erred in finding just cause to terminate his employment. Rowe also contends that the Commissions decision was based on errors of law; unsupported by substantial evidence; and arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.

G.L. c. 30A section 14(7); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003)(The open question on judicial review is whether, taking the facts as found, the action of the commission was legally tenable.). The party appealing the administrative decision bears the burden of proving that it is invalid for any of these reasons. Merisme v. Bd. of App. of Motor Vehicle Liab. Policies & Bonds, 27 Mass. App. Ct. 470, 474 (1989).

Commn, 78 Mass.App.Ct. 182, 187 (2010) (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. Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006).

In conducting its review, the court is bound by the Commissions supported by substantial evidence. (2003). factual findings if City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 Taking the facts found, the courts ultimate consideration is whether the commissions action was legally tenable.

See also City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); 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, rev.den., 390 Mass. 1102 (1983).