Labor Town ofFalmouth, 20 MLC Relations Comm'n, 42 Mass. 1555 (1984), aff'd sub nom., Town of Falmouth App. Ct. 1113 (1997). If the evidence is " BFI was managing the Facility in March of 2013. '2 The August 31, 2007 date derives from the Towns July 2007 RFP stating that a bidders operations would commence September 1, 2007. However, the Town did not contract with any bidder.
Town ofFalmouth, 20 MLC 1555 (1984), aff'd sub nom, Town of Ipswich v. Labor Relations Commission, 21 Mass. App. Ct. 1113 (1986). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the Board will conclude that no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163 (1986).
Gans Attorney At Law 290 Shore Street Falmouth, MA 02540 RE: Open Meeting Law Complaint Dear Attorney Gans: This office received a complaint from Michael McCarthy on December 12, 2024, alleging that the Falmouth Building Needs Task Force (the Task Force), violated the Open Meeting Law, G.L. c. 30A, 18-25. 1 The complaint was originally filed with the Task Force on November 11, and you responded on behalf of the Falmouth School Committee and the Task
Town ofFalmouth v. Civil Service Commission, 447 Mass. 814, 826 (2006) (The commission is not free to modify the penalty imposed by the town on the basis of essentially similar fact finding without an adequate explanation.).
Town ofFalmouth 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.
Town ofFalmouth 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.
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). Donavan Bloomfield CS-10-11 The basis of my conclusion rests with my finding that the testimony of all the Appointing Authority witnesses to be extremely credible. The Appellant himself had informed the DOC that Officers Smith, Fernandez, and Zieroff had witnessed the incident between himself and Sergeant Montenero.
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 ofFalmouth v. Civ. Serv. Commn, 447 Mass. 814, 823 (2006).
Town ofFalmouth 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.
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). The basis of my conclusion rests with my finding that the testimony of both Brad Cowen and Steven Dehestani was extremely credible. In Connor v. Connor, 77 A.2d 697 (Pa. 1951), the Pennsylvania Appeals Court held that the "opportunity to observe demeanor and appearance of witnesses in many instances becomes the very touchstone of credibility."
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 8 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.