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).

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).

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.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003).

City of Leominster v. Stratton, 58 Mass. App. Ct. 726,727 For the commission, the question is not whether it would have acted as the appointing authority had acted, but whether, on the facts found by the commission, there was reasonable justification for the action taken by the appointing authority in the circumstances found by the commission to have existed when the appointing authority made its decision. Jd. at page 727728, quoting Sullivan v.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). 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 rules of law. Id. at 304, quoting Selectmen of Wakefield v. Judge of First Dist. Ct. of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). 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 rules of law." Id. at 304, quoting Selectmen of Wakefield v. Judge of First Dist. Ct. of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.