Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). The issue for the Commission 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." Watertown v.

Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 801 (2004), quoting Boston Police Dept. v. Collins, 48 Mass. App. Ct. at 413. Moreover, a demonstrated willingness to fudge the truth in exigent circumstances is a significant problem, because [p]olice work frequently calls upon officers to speak the truth when doing so might put in question a stop ora search or might embarrass a fellow officer. Town of Falmouth, 61 Mass. App.

Id. at 304, see also Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800-01 (2004) (identifying Commission intervention appropriate when the action not triggered by neutral policy).

Town of Falmouth, 20 MLC 1555 (1984), affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). However, the Board has long held that an individual employee has no standing to attempt to enforce an employer's duty to bargain. Quincy City Employees Union, H.L.P.E., 15 MLC 1340, 1355 (1989) aff'd. sub. nom. Pattison v. Labor Relations Commission, 309 Mass. App.

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited; City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also Commissioners of Civil Service v. Municipal Ct., 359 Mass. 211, 214 (1971); Selectmen of Wakefield v. Judge of First Dist. Ct., 262 Mass. 477, 482 (1928); City of Leominster v.

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823, 857 N.E.2d 1053, 1059 (2006) and cases cited. The role of the Commission is to determine "whether the appointing authority has sustained its burden of proving that there was reasonable justification for the action taken by the appointing authority." City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also City of Leominster v.

City of Leominster, pp. 4-5 (emphasis added), citing Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997).? See also In the Matter of City of Boston and Boston Pubic Library Professional Staff Association, 2018 WL 2739821 (MA LRC) at *10-11, MUP-16-5202 (May 29, 2018) (internal citations omitted).

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. The Commissions role is to determine "whether the appointing authority has sustained its burden of proving that there was reasonable justification for the action taken by the appointing authority." City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also Police Dept of Boston v.

Town of Falmouth v. Civil Service Commn, and cases cited. Service Law that governmental employment 447 Mass. 814, 823 (2006) It is also a basic tenet of the merit principle which governs Civil discipline must be remedial, 27 not punitive, designed to correct performance inadequate employees separating and whose performance inadequate cannot be corrected. G.L.c.31,1.

Board of Higher Education, 33 MLC at 158, citing Town of Falmouth, 20 MLC 1555 (1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). The 2010 Agreement (copy attached as Exhibit B) provided Teixeira with an appointment to the Extra Services paid position of School Treasurer.

Board of Higher Education, 33 MLC MLC in at 158, citing Town of Falmouth, 20 1555 (1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). The 2010 Agreement (copy attached as Exhibit B) provided Teixeira with an appointment to the Extra Services paid position of School Treasurer.