AN CC 1, ESQUIRE 77 Merriam Avenue Leominster, MA 01453 (978) 534-6578 B.B.O. #019320 greq@gialaw.net Dated: November 5, 2013 NOU-@5-2613 13:36 FROM Angelini Law Re: Sharon Logiudice, Charging Party And: North Middlesex Regional Schoo! District OFFICE TO 16176267157 P.@6 Respondent's Reply Pleading (Response*) Page 4 of 4 CERTIFICATE OF SERVICE |, GREGORY J.

She confirmed that the Appellant was involved in the accident in Leominster, MA, and never reported it to her. She confirmed that he did report it to the police, who then reported it to the supervisor. Lt. Lees obtained an accident report from the Leominster Police Department, confirming that the Appellant was in an accident on July 21, 2016. (Respondent Exs. 4 and 12) Encounters with Massachusetts Environmental Police 21.

Pearlstein, 334 Mass. 33, 35-36 (1956); City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev. denied, 440 Mass. 1108 (2003); Police Dept of Bos. v. Collins, 48 Mass.App.Ct. 411, 721 N.E.2d 928, rev. denied, 726 N.E.2d 413 (2000); MclIsaac v. Civil Serv. Commm, 38 Mass.App.Ct. 473, 477 (1995); City of Watertown v. Arria, 16 Mass.App.Ct. 331, 334, rev. denied, 390 Mass. 1102 (1983).

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. 13 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).

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); McIssac v. Civil Service Commn, 38 Mass.App.Ct. 437, 477 (1995); Town of Watertown v. Arria, 16 Mass.App.Ct. 331, rev.den., 390 Mass. 1102 (1983).

City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). City of Beverly v. Civil Service Commission, 78 Mass. App. Ct. 182, 188 (2010). The record shows that the town of Dartmouth accused Sgt. Condez of four incidents of misconduct relating to: (1) an upgrade of the police departments computers in 2010; (2) a disruption of the police departments computers in 2013; (3) a polygraph examination of Sgt.

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. City of Cambridge 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.

See also City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728, 792 N.E.2d 711, rev.den., 440 Mass. 1108, 799 N.E.2d 594 (2003); Police Department of Boston v. Collins, 48 Mass.App.Ct. 411, 721 N.E.2d 928, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Service Commn, 38 Mass App.Ct. 473, 477, 648 N.E.2d 1312 (1995); Town of Watertown v. Arria, 16 Mass.App.Ct. 331, 451 N.E.2d 443, rev.den., 390 Mass. 1102, 453 N.E.2d 1231 (1983).

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). Billerica, the appointing authority, failed to show that any of the time-off, taken by the appellant, was improper or unapproved. Indeed, the Appellant maintained a surplus or accumulated balance of unused sick leave during the relevant period.