Gallant expected Mayor Zanni, the 18 treatment of the adverse inference issue turns on inapposite case law40 and runs afoul of the Supreme Judicial Courts teaching in Town of Falmouth v. Civil Serv. Commn, 447 Mass. 814, 826-27 (2006).

See Town of Falmouth v. Civil Service Commn, 441 Mass. 814, 822-23 Mancuso v. City of Waltham, (2006); Flynn v. Attleboro, 23 MCSR 22 MCSR 554 (2009); Donnelly v. Cambridge Schools, 21 MCSR 665 (2008); Novia v. City of Boston, yv. Massachusetts Dept_of Mental 279 (2010); Health, 19 MCSR Public 20 MCSR 639 (2007); Maurice 328 (2006); Konikowski_v. Department of Corrections, 10 MCSR 79 (1997); Springer v. Town of Saugus, 8 MCSR 154 (1995).

Falmouth Town Counsel 157 Locust Street Falmouth, MA 02540 RE: Open Meeting Law Complaint Dear Attorney Duffy: This office received a complaint from David Moriarty on February 14, 2022, alleging that the Falmouth Select Board (the Board) violated the Open Meeting Law, G.L. c. 30A, 18-25. The complaint was originally filed with the Board on January 24, and you responded on behalf of the Board by letter dated February 4.1 In his complaint, Mr.

Town of Falmouth, 26 MCSR 488 (2013) and cases cited, aff'd, SUCV13-4382 (2014); Gonsalves v. Town of Falmouth and cases cited, 25 MCSR 231 (2012), aff'd, SUCV12-2655 (2014); and Keating v. Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Analysis The Respondent has established by a preponderance of the evidence that it had reasonable justification to bypass the Appellant.

Town of Falmouth, 26 MCSR 488 (2013) and cases cited, affd, SUCV13-4382 (2014); Gonsalves v. Town of Falmouth and cases cited, 25 MCSR 231 (2012), affd, SUCV12-2655 (2014); Keating v. Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Providing incorrect or incomplete information on an employment application does not always equate to untruthfulness.

Town of Falmouth v. Civil Service Commission, 447 Mass. & Cas. Ins. 814, 826, 857 N.E.2d 1052 (2006), citing Lentz v. Metropolitan Prop. party, through the Co., 437 Mass. 23, 26 (2002). This is true where the opposing testimony of a complainant, has established a case adverse to the privilege. party invoking the ssioner Town of Falmouth, 447 Mass. at 826-827, citing Quintal v.

Town of Falmouth v, Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 16 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, 20 MLC 1555, MUP-8114 (May 16, 1994), affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997); Commonwealth _ of Massachusetts, 36 MLC 65, 68, SUP-05-5191 (October 23, 2009). Here, Article | does not, by its terms, prohibit the School Committee from creating non-bargaining unit positions.

Town of Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006). Here the Commission does not act without regard to the previous decision of the town, but rather decides whether 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. Id. (citing Watertown v. Arria, 16 Mass. App.

Town of Falmouth, 20 MLC 1555 (1994), aff'd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997); Commonwealth of Massachusetts, 36 MLC 65 (2009).