Town of North Reading Police Department, citing G.L. c. 31, s. 1; Flynn v. Civil Service Commission, 15 Mass. App. The issue before the Commission in these cases then becomes whether on the evidence presented before it, the Appointing Authority has sustained its burden of proving there was sound and sufficient reason for disqualifying the Appellant for appointment on the grounds that s/he was psychologically unfit.

Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing need for de novo fact finding by a disinterested Commissioner in context of procedural due process); Bielawksi v.

Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing need for de novo fact finding before a disinterested Commissioner in context of procedural due process); Bielawksi v.

Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing de novo fact finding by disinterested Commissioner in context of procedural due process); Bielawksi v. Personnel Adminr, 422 Mass. 459, 466, 663 N.E.2d 821, 827 (1996) (same) An action is justified if it is "done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and 23 by correct rules of law."

Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing need for de novo 24 fact finding by a disinterested Commissioner in context of procedural due process); Bielawksi v. Personnel Adminr, 422 Mass. 459, 466 (1996) (same) An action is justified if it is "done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law."

Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing need for de novo fact finding by a disinterested Commissioner in context of procedural due process); Bielawksi v.

Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing need for de novo fact finding by a disinterested Commissioner in context of procedural due process); Bielawksi v. Personnel Adminr, 422 Mass. 459, 466 (1996) (same) An action is justified if it is "done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law."

Town of North Reading, 8 MCSR 44 (1995). This is buttressed by extensive case law, which makes clear that the purpose of the 41 hearing is to give the employee an opportunity to notice and present his side 30 of the story, i.e., because the employee has extensive post-deprivation remedies in the form of a 43 hearing before the Commission. Id.

Town of North Reading, 8 MCSR 44, reconsidd, 8 MCSR 53 (1995) (discussing de novo fact finding by disinterested Commissioner in context of procedural due process); Bielawksi v. Personnel Adminr, 422 Mass. 459, 466, 663 N.E.2d 821, 827 (1996) (same) An action is justified if it is "done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and. by correct rules of law."

Town of North Reading, 12 MCSR 30 (1999) 38 15 MCSR The Commission does not mean necessarily to impugn the overall integrity of the BPD screening process or its screeners, but it seems inescapable to conclude from the evidence that Mr. Roberts ought not be forced to run the same gauntlet that has twice tripped him up through no fault of his own. In fairness to both the screeners and Mr.