Civil Service Commn, 39 Mass.App.Ct. 594,600 659 N.E.2d 1190 (1996) 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 10 similar fact finding without an adequate explanation E.g., Town

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 John Gollinger and Walter McGuire, the Assistant Executive Director and Executive Director of the WHA respectively, was extremely credible. See Connor 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.

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).

After making its de novo findings of fact . . . the 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 (2006).

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (inconsequential differences in facts found were insufficient to find appointing authoritys justification unreasonable); City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 303-305, rev.den., 428 Mass. 1102 (1997) (same). See generally Villare 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.

Town of Falmouth, 20 MLC 1555 (1994), affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the Commonwealth repudiation has Employment Relations Board (CERB) will conclude that no occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163 (1986).

Town of Falmouth, 20 MLC 1555, 1559, MUP-8114 (May 16, 1994), aff'd sub . nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the CERB will conclude that no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163, SUP-3439, SUP-3556 (October 16, 1991).

Town of Falmouth, 20 MLC 1555 (1984), affid sub nom., Town of Falmouth v. Labor Relations Comm'n, 42 Mass. App. Ct. 1113 (1997). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the Commonwealth Employment Relations Board (Board) will conclude that no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163 (1986).