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 [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 of Falmouth 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.

G.L. c. 31, 43; Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). The Commission does not possess the authority to substitute its judgment about a valid exercise of discretion based on merit or policy considerations by an appointing authority. Id. The Respondent has demonstrated that the decision to terminate the Appellant was justified. There is little or no dispute as to the facts of this case.

Town of Falmouth, 20 MLC 1555, 1559, MUP-8114 (May 16, 1994), aff'd sub . nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the CERB will conclude that no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163, SUP-3439, SUP-3556 (October 16, 1991).

Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 14 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 v. Civil Service Commn, 447 Mass. 814, 823, 857 N.E.2d 1053, 1059 (2006) and cases cited. The issue for the Commission is "not whether it would have acted as the [administrator] had acted, but whether, on the facts found by the commission, there was reasonable justification. . . .in the circumstances found by the commission to have existed when the {administrator] made its decision." Town of Falmouth v.

.; Town of Falmouth, 20 MLC 1555, 1559, MUP-8114 (May 7 Dismissal (contd) MUP-20-8369 and MUP-20-8370 16, 1994) affd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997).

.; Town of Falmouth, 20 MLC 1555, 1559, MUP-8114 (May 16, 1994) affd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). However, if the evidence is insufficient to find an agreement underlying the matter in dispute, or if the parties hold differing good faith interpretations of the terms of the agreement, then the Commonwealth Employment Relations Board (CERB) will find that no repudiation has occurred.

Town of Falmouth, No. BACV200900517,2011 WL 7788014, at V (Mass. Super. Feb. 2,201 1) in support of his position that responsive emails should be available without charge. However, in Nat'l Econ. Research Assocs., the court found that attorney-client communications maintained on a Yahoo email account could be protected by the attorney-client privilege.

Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 6 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.