Carpenter Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Leominster, MA 01453 Framingham, MA 01702 Framingham, MA 01701 Abington, MA 02351 Framingham MA, 01702 Framingham MA, 01702 Abington, MA 02351 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01701 Framingham, MA 01701 Framingham, MA 01701 Natick, MA Framingham, MA 01702 Natcik, MA 01760 Fitchburg, MA 01420 Framingham, MA 01702 Framingham, MA 01701
Ct. 411 (2000); City ofLeominster 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.
Ct. 411 (2000); City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). The Commission determines that the City has acted properly and within its discretion based upon the policy considerations embodied in its rules of conduct when it determined that the Appellants comments to a citizen in this case constitute unbecoming conduct and did bring disrepute or disrespect upon an individual officer or the Police Department.
City ofLeominster 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.
City ofLeominster 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.
See also City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 408, 411, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Service Commn, 38 Mass App.Ct. 473, 477 (1995); Town of Watertown v. Arria, 16 Mass.App.Ct. 331, rev.den., 390 Mass. 1102 (1983).
City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). The proper inquiry for determining if an action was justified 16 16 is, whether the employee has been guilty of substantial misconduct which adversely affects the public interest by impairing the efficiency of the public service. Murray v. Second Dist. Ct. of E. Middlesex, 389 Mass. 508, 514 (1983). School Committee of Brockton v. Civil Service Commission, 43 Mass. App.
Commn, 78 Mass.App.Ct. 182, 187 (2010) (quoting City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728 (2003), rev. den., 440 Mass. 1108 (2003)). 13 The [C]ommissions task, however, is not to be accomplished on a wholly blank slate. Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006).
City of Beverly, 78 Mass.App.Ct. at 187 (quoting City ofLeominster 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).