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

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. As prescribed by G.Lc.31,43,2, the Appointing Authority bears the burden of proving just cause for the discipline imposed by a preponderance of the evidence.

See, e.g., Town of Falmouth v. Civil Service 823, Commn, 447 Mass. 814, (2006); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 411, rev.den., 726 N.E.2d 417 (2000); MclIsaac v. Civil Service Commn 38 Mass App.Ct.473,477 (1995); Town of Watertown v. Aria, 16 Mass.App Ct. 331,334, rev.den.,390 Mass. 1102, (1983).

See, e.g., Town of Falmouth v. Civil Service (2006); Police Dept of Boston v. Collins, 48 Mass.App.Ct. (2000); Mclsaac v. Civil Service Commn, y. Arria, Commn, 447 Mass. 814, 823, 411, rev.den., 726 N.E.2d 417 38 Mass App.Ct.473,477 (1995); Town of Watertown 16 Mass.App Ct. 331,334, rev.den,,390 Mass. 1102, (1983).

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823, 857 N.E.2d 1053, 1059 (2006) and cases cited. Even if there are past instances where other employees received more lenient sanctions for similar misconduct, however, the Commission is not charged with a duty to fine-tune employees suspensions to ensure perfect uniformity. See Boston Police Dept v. Collins, 48 Mass. App. Ct. 408, 412 (2000).

Town of Burlington, 35 MLC 18 (2008); Town of Falmouth, MUP-8114 (1994). In fact, the City acknowledged this during litigation leading to the Anderson Award. In that interest arbitration, the Federation proposed changing the distribution of paid details by proposing that superior officers be allowed to take leftover patrol details starting at 10:00 p.m. the evening before the patrol detail instead of 7:30 a.m. the day of the patrol detail.

Cummings AA, 'GUNDED December 11, 2018 1870 American Cheenienal ; Alexander Paliotto Association 9 Claudia Lane me Lox vw - 7 scediutionof East Falmouth, MA . Dear Deputy 02536 Paliotto: A hearing was held on Wednesday, November 28, 2018 at 10:00AM in the Administrative Conference Room before me to determine your fitness for duty and Whether you are willing and/or able to return to work.

See Town of Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006) (the commission must pass judgment on the penalty imposed by the appointing authority).

(citing Town of Falmouth, 20 MLC 1555, MUP8114 (May 16, 1994), aff'd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997)). To determine whether the parties reached an agreement, the Commonwealth Employment Relations Board (CERB) considers whether there has been a meeting of the minds on the actual terms of the agreement. See Town of Ipswich, 11 MLC 1403, 1410, MUP-5248 (February 7, 1985), affid sub nom.

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited.