Should the Appellant seek to revoke this dismissal at that time, the Commission, as part of its further proceedings regarding the Appellants just cause appeal, will give the MCADs final decision the appropriate weight that it merits guided in part by the Supreme Judicial Courts framework outlined in Town of Brookline v. Alston, 487 Mass. 278 (2021).

L. c. 31, 41; Town of Brookline v. Alston, 487 Mass. 278, 292 (2021). Although the civil service law does not define what constitutes just cause, [the SJC has] held that it exists where the employee has committed substantial misconduct which adversely affects the public interest by impairing the efficiency of 13 the public service.

See also Town of Brookline v. Alston, 487 Mass. 278 (2021) (analyzing broad scope of the Commissions jurisdiction to enforce basic merit principles under civil service law). Law enforcement officers are vested with considerable power and discretion and must be held to a high standard of conduct: Police officers are not drafted into public service; rather they compete for their positions.

See also Town of Brookline v. Alston, 487 Mass. 278 (2021)(analyzing broad scope of the Commissions jurisdiction to enforce basic merit principles under civil service law). That said, [i]t is not for the Commission to assume the role of super appointing agency, and to revise those employment determinations with which the Commission may disagree. Town of Burlington v. McCarthy, 60 Mass.App.Ct. 914, 915 (2004).

See Town of Brookline, 20 MLC 1570 (1994). The Union hereby demands that you defer any change and fulfill your obligation to bargain with the Union during contract negotiations conceming such a change. If you fail to do so you will force the Union into filling an Unfair Labor Practice (ULP) and taking any other legal action decmed appropriative. T look forward to work with the City.

Town of Brookline, 23 MCSR 749 (2010). See also City of Attleboro v. Civil Service Commn, 84 Mass.App.Ct. 1130 (Rule 1:28), rev.den., 462 Mass. 1104 (2014) (reversing Commissions modification of motor equipment operator who lost CDL license for 90 days) 16 involved in the investigation or decision that led to Mr. Hatfields termination empathized with the personal tragedy, and no one was motivated by any animus or bias toward him.

See U Ex 6; Boston School Committee, 35 MLC 277, 287 (2008); Town of Brookline, 20 MLC 1570, 1595 (1994) (Health insurance is a Department of Labor Relations/ Commonwealth Employment Relations Board December 22, 2011 Page 3 mandatory subject of bargaining which should have take place at the main table.); City of Boston, 31 MLC 25, 32 (2004).

Heavey, Houlihan, Kraft & Cardinal 229 Harvard Street Brookline, MA. 02446 Respondents Attorney: Joseph T. Bartulis, Jr., Esq. Murphy, Hesse, Toomey & Lehane, LLP Crown Colony Plaza 300 Crown Colony Drive, Suite 410 P.O. Box 9126 Quincy, MA 02269-9126 Commissioner: John E.

Heavey, Houlihan, Kraft & Cardinal 229 Harvard Street Brookline, MA 02446 (617) 277-3477 Respondents Attorney: Mark E. Rumley, Esq. City Solicitor City of Medford Law Department 85 George P. Hassett Drive Medford, MA 02155 (781) 393-2470 mrumley@medford.org HRD Attorney: Martha L.

Houlihan, Esq. 229 Harvard Street Brookline, MA 02445 Appearance for Respondent: Brian Magner, Esq. Deutsch Williams P.C. One Design Center Place Boston, MA 02210 Commissioner: Cynthia A. Ittleman, Esq. 1 DECISION On April 9, 2012, the Appellant, Richard Draper (Mr.