Ct. 411 (2000); City ofLeominster 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 ...
Ct. 411 (2000); City ofLeominster 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 ofLeominster 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.
City ofLeominster 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 ofLeominster 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 ofLeominster 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 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. 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 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. 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 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. 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.
Kavaleski, 463 Mass. 680, 688-89 (2012); City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 727-28, rev.den.. 440 Mass. 1108 (2003). The significantly greater level of scrutiny that the Commission gives to a Troopers appeal from the type of 30A review that the Trooper would receive in a Superior Court stands as one of the core benefits that the Legislature intended to provide when it amended Section 13.