See also City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 408, 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.
See also City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 408, 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).
Ct. 411 (2000); City ofLeominster y. 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.
Ct. 411 (2000); City ofLeominster 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.
City ofLeominster 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.
City of Beverly, 78 Mass.App.Ct. at 187 (quoting City ofLeominster 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).
Ct. 411 (2000); City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). The Commission has held in numerous decisions that its function is not one of substituting judgment for that of the appointing authority. 304; City of Cambridge, 43 Mass. App. Ct. at School Committee of Salem v. Civil Service Commission, 348 Mass. 696, 699 (1965). Massachusetts General Law chapter 31, 2(b) provides that no administrator ...
City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). Reasonable justification is established when such action is done upon adequate reasons sufficiently established by credible evidence, when weighted by an unprejudiced mind, guided by common sense and by correct rules of law. See Commissioners of Civil Service v. Municipal Ct., 359 Mass. 211, 214 (1971), citing Selectmen of Wakefield v. Judge of First Dist.
Id. at 187 (quoting City ofLeominster v. Stratton, 58 Mass.App.Ct. 6 Mr. Rosickys appeal was technically premature because filed the appeal when the Town incorrectly told him, prematurely, that he had been bypassed before having the second psychiatric review. Following the second psychiatric review, the Town bypassed Mr. Rosicky and his appeal was considered by the Commission. 11 726, 728, rev. den., 440 Mass. 1108 (2003)).
See also City ofLeominster 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).