Town ofFalmouth, 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. ANALYSIS The preponderance of the evidence presented to the Commission establishes that the NBPDs decision to bypass Mr.
Town ofFalmouth, 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. Analysis Both parties submitted post-hearing briefs, as noted above, and I considered both in depth and in detail.
Town ofFalmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006). Here, the Commission does not act without regard to the previous decision of the [appointing authority], 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. at 823-24 (citing Watertown v.
Town ofFalmouth y. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 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 Watertown v. Arria, 16 Mass. App.
See Town ofFalmouth v. Civil Service Commission, 447 Mass. 814, 826-27 (2006). 19 Having concluded that the Appellant has been untruthful regarding the events of December 29, 2004, the question before the Commission is whether the Town had reasonable justification to terminate the Appellant in this case.
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). Absent such a finding, the Commission shall reverse such action; otherwise, any penalty imposed by the appointing authority may also be modified. Id.
Driscoll Communications Director Woods Hole, Marthas Vineyard and Nantucket Steamship Authority 228 Palmer Avenue Falmouth, MA 02540 Dear Mr. Driscoll: I have received the petition of Eunki Seonwoo, of The Marthas Vineyard Times, appealing the response of the Woods Hole, Marthas Vineyard and Nantucket Steamship Authority (Authority) to a request for public records. See G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On August 30, 2023, Mr.
Lynn, 408 Mass. 39, 41-42 (1990) ([T]he [Commission] through its ... rules cannot modify the statutorily prescribed time limits for filing petitions for review) (citation omitted); Town ofFalmouth v. Civil Serv. Comm 'n, 64 Mass. App. Ct. 606, 610 (2005) (The determination of ... jurisdiction is left exclusively to the statute).
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 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.
E.g., Town ofFalmouth v. Civil Serv. Commn, 61 Mass. App. Ct. 796, 801 (2004); Police Commr of Boston v. Civil Serv. Commn, 22 Mass. App. Ct. 364, 371 (1986); Fopiano v. City of Cambridge, 27 Mass. Civil Serv. Rptr. 383, 385 (2014); Olisky v. Town of E. Longmeadow, 27 MCSR 277, 280 (2014) (Integrity and honesty are at the core of a [police] officer's job and responsibilities).