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 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, 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).

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, 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).