Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. The role of the Commission is to determine "whether the appointing authority has sustained its burden of proving that there was reasonable justification for the action taken by the appointing authority." City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also City of Leominster v.

Town of Falmouth y. Civil Service Commn, 61 Mass. App. Ct. 796, 802, 814 N.E.2d 735, 740 (2004). The two events that the department has proven mishandling the February photo arrays and failing to investigate an alibi witness warrant a thirty-day suspension. They were serious transgressions that both impaired the operation of the police force and constituted neglect of duty.

See, e.g., Town of Falmouth v. 814, 823, (2006); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 411, rev.den., 726 N.E.2d 417 (2000); MclIsaac v. Civil Service Commn, 38 Mass App.Ct.473,477 (1995); Town of Watertown v. Arria, 16 Mass.App Ct. 331,334, rev.den.,390 Mass. 1102, (1983). An appointing authoritys administrative action like a disciplinary action is determined by the same standard of proof, by a preponderance of evidence.

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006). As prescribed by G.L. c. 31, 43, 2, the Appointing Authority bears the burden of proving just cause for the discipline imposed by a preponderance of the evidence.

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), Page 9 of 16 aff'd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997); Commonwealth of Massachusetts, 36 MLC 65, SUPL-03-3008 (January 31, 2009). For the parties to have an agreement, there must be a meeting of the minds on the actual terms of the agreement. Town of Ipswich, 11 MLC 1403, MUP-5248 (February 7, 1985), affd sub nom. Town of Ipswich v.

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd sub nom., 8 Town of Falmouth v. Labor Relations Commission, 42 Mass. App.

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd sub nom. Town of Falmouth y, Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997); Commonwealth of Massachusetts, 36 MLC 65, SUPL-03-3008 (January 31, 2009). In order for the parties to have an agreement, there must be a meeting of the minds on the actual terms of the agreement. Town of Ipswich, 11 MLC 1403, MUP-5248 (February 7, 1985), affd sub nom. Town of Ipswich v.

See, e.g., Town of Falmouth v. Civil Service Commn,64 Mass. App. Ct. 606, 608-609 (2005), revd other grounds, 447 Mass. 814 (2006); McGoldrick v. Boston Police Dept, 30 MCSR 161 (2017); Poore v. City of Haverhill, 29 MCSR 260 (2016); Stacy v. Department of Developmental Services, 29 MCSR 164 (2016); Volpicelli v. City of Woburn, 22 MCSR 448 (2009); Williamson v. Department of Transitional Assistance, 22 MCSR 436 (2009).

Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004), quoting City of Cambridge, 43 Mass. App. Ct. at 304. As noted by the DALA Administrative Magistrate, the City has failed to show by a preponderance of the evidence that it had reasonable justification for bypassing the Appellant in favor of the five selected candidates.

[T]he 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 Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823, 857 N.E.2d 1053, 1059 (2006). See Town of Watertown v.

Unless the Commissions findings of fact differ significantly from those reported by the appointing authority or interpret the relevant law in a substantially different way, the commission is not free to substitute its judgment for that of the appointing authority, and cannot modify a penalty on the basis of essentially similar fact finding without an adequate explanation E.g., Town of Falmouth v. Civ. Serv. Commn, 447 Mass. 814, 823 (2006).

Unless the Commissions findings of fact differ significantly from those reported by the appointing authority or interpret the relevant law in a substantially different way, the commission is not free to substitute its judgment for that of the appointing authority, and cannot modify a penalty on the basis of essentially similar fact finding without an adequate explanation E.g., Town of Falmouth v. Civ. Serv. Commn, 447 Mass. 814, 823 (2006).