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.

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

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd sub nom., Town of Falmouth v. Labor Relations Comm'n, 42 Mass. App. Ct. 1113 (1997).