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NARDUCCI v. SCHOOL DISTRICT CITY ERIE (12/28/71)

decided: December 28, 1971.

NARDUCCI
v.
SCHOOL DISTRICT OF THE CITY OF ERIE



Appeal from the Order of the Court of Common Pleas of Erie County, in case of Henry M. Narducci v. The School District of the City of Erie, No. 1630-A-1970.

COUNSEL

George Levin, with him Robert M. McCullough and Evans, Johnson, Scarpetti, Bernard & McCullough, for appellant.

Dana Sherwood Jones, for appellee.

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

Author: Kramer

[ 4 Pa. Commw. Page 203]

This appeal arises from an opinion and order of the Court of Common Pleas of Erie County on February 17, 1971, dismissing a complaint in mandamus by Henry M. Narducci (appellant).

The appellant entered into an employment contract with the School District of the City of Erie (appellee) on August 2, 1948, to serve in the capacity of a teacher (professional employee). Appellant so served until August 19, 1965, at which time he was appointed to the position of principal at one of appellee's schools. Appellant remained at this post until February 8, 1967, when he was appointed (effective March 1, 1967) to the position of acting secretary and business manager of the appellee school district. On November 21, 1967, the appellee voted to elect, and thereby retain, appellant in this position with regular status, with said term to expire in July of 1969.

On June 2, 1969, the Board of Directors of the appellee met to clarify appellant's position. The Board elected appellant secretary to the School Board and

[ 4 Pa. Commw. Page 204]

    appointed him assistant to the superintendent in charge of business affairs.

On January 14, 1970, the appellant was relieved of his dual duties with the appellee, by notice and without hearing.

On July 8, 1970, appellant filed a complaint in mandamus praying for reinstatement as an employee of the appellee as of the date of his dismissal and for back salary and any increments and other credits to which he would have been entitled to as a professional employee, but for this dismissal. It is to be noted that appellant obtained other out-of-state employment at a higher salary as of June 1, 1970.

Arguments on this matter were entertained on December 14, 1970, by the Honorable Lindley R. McClelland, at which time the parties entered into a set of stipulations numbering some twenty-two paragraphs. Counsel for both parties went on to the record for several brief statements during which an attempt was made to narrow the issues under contention. This was done, and it was then agreed to close the record and to allow the court ...


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