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 Lynn Sheehan 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. School Committee of Wellesley v.

Town of Falmouth v. Daniel McIntyre D-11-249 CS-11-723 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. Arria, 16 Mass. App.

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.

Id., quoting Town of Falmouth v. Civil Service Comm'n, 447 Mass. 814, 823 (2006) (emphasis added). Alternatively, the employee may show that his termination was based ... upon any factor or conduct on the part of the employee not reasonably related to the fitness of the employee to perform in his position . . ... Race may easily qualify as a factor.

Town of Falmouth v. Civil Serv. Commn., 61 Mass. App. Ct. 796, 800 (2006) (quoting Cambridge v. Civil Serv. Commn., 43 Mass. App. Ct. 300, 304 (1997)) rev. den. 426 Mass. 1102 (1997). Disciplinary Appeals Under G.L. c. 31, 43, the Commission is required to conduct a de novo hearing for the purpose of finding the facts anew. Falmouth v. Civil Serv. Commn., 447 Mass. 814, 823 (2006).

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.

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 of the action taken by the appointing authority in the 10 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). 9 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 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.

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).