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CORDER v. CIVIL SERVICE COMMISSION (07/09/71)

decided: July 9, 1971.

CORDER
v.
CIVIL SERVICE COMMISSION



Direct appeal from the Order of the State Civil Service Commission, No. 1084 in case of In Re: Appeal of Elizabeth Ann Corder.

COUNSEL

Andrew S. Price, with him Richard B. Sigmond, Leonard Spear and Meranze, Katz, Spear & Bielitsky, for appellant.

Samuel Lichtenfeld, Assistant Attorney General, with him Marx S. Leopold, General Counsel, and J. Shane Creamer, Attorney General, for appellee.

Judges Crumlish, Jr., Kramer and Mencer, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 2 Pa. Commw. Page 463]

This case is before us on appeal from an Order of the State Civil Service Commission, appellee (Commission). Elizabeth Ann Corder, the appellant, was initially hired in June of 1968 by the Philadelphia County Board of Assistance (the Philadelphia administrative arm of the Pennsylvania Department of Public Welfare) to serve in the capacity of Caseworker Trainee, Probationary Status. This appointment resulted from competitive examinations in which appellant participated, and for a period of nine months, Miss Corder was on probationary status. (We note that the position of Caseworker Trainee and its related duties are covered in the regulations of the Philadelphia County Board of Assistance, No. 4000. The definition section states, inter alia: "Upon successful completion of one year of satisfactory training and service as a Caseworker Trainee, the employee is normally promoted to the Caseworker class.") There are no specific restrictions noted anywhere in this record as to the length of time a person may remain a Caseworker Trainee.

In April of 1969, some nine months after the initial appointment to the position of Caseworker Trainee, Probationary Status, the appellant was promoted to the position of Caseworker Trainee, Regular Status. In June of the same year, appellant was again promoted, on this occasion to the position of Caseworker,*fn1 Probationary Status. Miss Corder continued to function in this position until September 3, 1970, on which date she was informed by the Executive Director of the Philadelphia County Board of Assistance that she was

[ 2 Pa. Commw. Page 464]

    being removed from her then present position. The Executive Director further informed her that she would not be returned to her former position as Caseworker Trainee, Regular Status; but rather was being discharged completely from the classified service (i.e., employment in the Pennsylvania Department of Public Welfare).

Appellant filed an appeal with the State Civil Service Commission, and on October 7, 1970, a hearing was held before the Commission, at which a record was made. The Commission in the resultant adjudication affirmed the removal of appellant from her probationary status position as Caseworker and further, from the classified service. It is from this adjudication that appellant appeals.

We note that the right of a party to appeal, and the jurisdiction of this Court to hear this appeal, obtain from the Administrative Agency Law, Act of June 4, 1945, P.L. 1388, as amended, 71 P.S. 1710.1 et seq. at § 1710.51(a)(43).

Furthermore, the right of appeal by a party aggrieved, although limited by the Civil Service Act of August 5, 1941, as amended, 71 P.S. 741.951(c) has been expanded by § 1710.47 of the Administrative Agency Law. The statute, inter alia, declares: "Where an Act of Assembly expressly provides that there shall be no appeal from an adjudication of an agency, or that the adjudication of an agency shall be final or conclusive, or shall not be subject to review, . . . any person aggrieved ...


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