Appeal from order of Court of Common Pleas of Fayette County, June T., 1967, No. 324, in case of Brownsville Area School District v. George Alberts.
David E. Cohen, with him Richard D. Cicchetti, for appellant.
Ira B. Coldren, Jr., with him Coldren & Adams, for appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Pomeroy.
The issue in this appeal is whether the Board of Directors of the Brownsville Area School District (District) had valid cause to dismiss one George Alberts (appellee) from his position as assistant supervising principal of the District.
The facts of the case are as follows: Prior to July 1, 1966, appellee Alberts had been serving as the supervising principal of the Brashear School District. When the Brashear District and two others were consolidated into the Brownsville Area School District, Mr. Alberts was appointed assistant supervising principal. In the spring of 1966, while the appellant District was being organized, the supervising principalelect, John Caputo, requested the appellee to supervise a federally-financed Head Start Program, which was to be conducted in the District during the summer of 1966. The appellee thereupon assumed responsibility of this program, organized the curriculum, recruited the necessary professional and nonprofessional employees, coordinated the program with county officials,
and made all necessary arrangements to put it into effect.
The Head Start Program was administered by the Fayette County Community Action Agency, the local anti-poverty organization. All employees of the Head Start Program, including the appellee, were paid for their services. All salary payments were made directly to the employees by the Fayette County Community Action Agency from federal funds.
Throughout the summertime operation of the Head Start Program, Alberts performed the functions of the authorized position of "Head Teacher." As such he was paid from federal monies the sum of $1,071.11 for the period from June 27, 1966 to August 19, 1966. During the summer appellee also received his regular compensation for his services as assistant supervising principal of the District. His unrefuted testimony reveals that during this period, he spent some seven to nine hours a day on his duties for the District in addition to working roughly four hours a day for the Head Start Program.
On November 14, 1966, Caputo asked appellee if he had received compensation for his services in the Head Start Program, and appellee replied that he had. Following further discussion between them, Caputo informed appellee that he was forthwith suspended from his position as assistant supervising principal. Thereafter, on November 23, 1966, appellee was notified of a hearing before the Board of Directors of the District to consider charges of incompetence and negligence against him. Following the hearing, the Board dismissed the appellee on grounds of incompetence and negligence and on the added ground of immorality.
Appellee appealed his dismissal to the Superintendent of Instruction of the Commonwealth of Pennsylvania who found no merit in the charges and ordered his ...