City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 727 (2003) quoting Sullivan v. Municipal Ct. of Roxbury Dist., 322 Mass. 566, 572 (1948). See Town of Watertown v. Arria, 16 Mass. App. Ct. 331, 334 (1983). 17 It is within the purview of the hearing officer to determine the credibility of testimony presented to the Commission.

See City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 . (2003); Police Department of Boston v. Collins, 48 Mass. App. Ct 411 (2000); McIsaac y. Civil Service Commission, 38 Mass. App. Ct. 473, 47 (1995); and, Town of Watertown v. Arria, 16 Mass. App. Ct. 331, 334 (1983).

See also City of Leominster v. 18 Stratton, 58 Mass. App. Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 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).

Ct., 262 Mass. 477, 482 (1928); City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 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.

See also City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 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).

See also City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 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.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). The Commission has held in numerous decisions that its function is not one of substituting judgment for that of the Appointing Authority. City of Cambridge, 43 Mass. App. Ct. at 304; School Committee of Salem y. Civil Service Commission, 348 Mass. 696, 699 (1965).

Kennedy, 57 Mass.App.Ct. 904 (2003); City of Leominster v. Int. Brotherhood of Police Officers Local 338, 33 Mass. App. Ct. 121, 124-27 (1992). There is no apparent reason to deviate here from this well-established rule.

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). An action is "justified" when it is done upon adequate reasons sufficiently supported by credible 22 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 of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). The Commission has held in numerous decisions that its function is not one of substituting judgment for that of the appointing authority. 304; City of Cambridge, 43 Mass. App. Ct. at School Committee of Salem v. Civil Service Commission, 348 Mass. 696, 699 (1965). Massachusetts General Law chapter 31, 2(b) provides that no administrator 24 ...