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 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 (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.

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (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.

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.

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).

Town of Falmouth, 20 MLC 1555 (1984): aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). Here, the Association and the School Committee were parties to a collective bargaining agreement that, by its terms, was in effect from September Agreement).

(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.