Town of Falmouth 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 of Falmouth 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.

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. 8 The Respondent has sustained its burden of proving that there was reasonable justification for the action taken by the Appointing Authority.

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 y.

See 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....)(citations and internal quotation marks omitted).

Town of Falmouth v. Civ. Serv. Commn, 61 Mass. App. Ct. 796, 800, 814 N.E.2d 735, 738-39 (2004) (internal citations and quotations omitted). When an applicant appeals an appointing authoritys decision to bypass him for a position, the appointing authority must show a reasonable justification for its decision. Cambridge, 43 Mass. App. Ct. at 303, 682 N.E.2d at 925.

Town of Falmouth vy, 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. App.

Town of Falmouth v. The issue for the Commission is not whether it would have acted as the appointing authority had acted, Justin Sousa G1-12-79 CS-12-349 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. Arria, 16 Mass. App.

Town of Falmouth v. Civ. Serv. Comm'n, 447 Mass. 814, 823-824 (2006) (citations, internal punctuation omitted). Aiello contends that the Commissions decision was unsupported by substantial evidence and was based on an error of law.

Town of Falmouth v. Civil Service Comm'n, 447 Mass. 814, 823 (2006). Clark v. Boston Housing Authority, 24 MCSR 193 (2011), Clark v. Boston Housing Authority, Suffolk Superior Court, C.A. No. SUCV2011- 2554E, affd (Feb. 13, 2015). Where the opposing party has established a case adverse to the party invoking the privilege, the invoking party should be subject to a negative inference by the Commission. Town of Falmouth v. Civil Serv.