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WILLIAMS v. CIVIL SERVICE COMMISSION (02/23/73)

decided: February 23, 1973.

WILLIAMS
v.
CIVIL SERVICE COMMISSION



Appeal from the Order of the State Civil Service Commission in case of In Appeal of Scott A. Williams, No. 1221.

COUNSEL

Scott A. Williams, appellant, for himself.

Justin J. Blewitt, Deputy Attorney General, with him James J. Morley, Assistant Attorney General, for appellee.

Feldmann and Ciotola, Joseph D. Shein, Shein, Mele & Brookman, Morton Fromm, John J. Dunn, and James W. Reynolds for amicus curiae, Pennsylvania Joint War Veterans Council.

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

Author: Kramer

[ 7 Pa. Commw. Page 556]

This is an appeal from an order of the State Civil Service Commission (Commission) dismissing the appeal of Scott A. Williams, Esq. (Williams) from his removal as an Appeals Referee I, provisional status, by the appointing authority, viz., Secretary of Labor and Industry (Secretary).

Williams was appointed, on a provisional basis, to the position of an Unemployment Compensation Appeals Referee I, on May 9, 1969, by the Governor of the Commonwealth. He served in that capacity in the Williamsport area to December 1, 1971, at which time his said employment was terminated by the Secretary.

In June of 1971, the Unemployment Compensation Board of Review made a second provisional appointment of an Appeals Referee I for the Williamsport area.

[ 7 Pa. Commw. Page 557]

This second provisional appointment was granted to Dean Fisher, Esq. (Fisher). In that same month, June 1971, the Commission conducted a Civil Service examination for the establishment of an eligibility list for permanent employment in the classified service for the positions which Williams and Fisher held as provisional appointees. The results of the examination are shown on the "Certification of Eligibles," otherwise known as the eligibility list, which was made a part of the record. It shows Fisher with 86.60 points and Williams with 83.00 points. The other names on the list are made up of candidates, either from other administrative districts or from a list of what is known as "informal names" of persons already in the classified service who may be considered for promotion. The record establishes that Fisher became No. 1 on the list because of ten additional points added to his examination mark in compliance with the Veterans Preference Act, Act of May 22, 1945, P.L. 837, § 3, 51 P.S. § 492.3, which provides that a veteran who has successfully passed the Civil Service examination for a public position in the Commonwealth shall receive an additional ten points above the mark or grade (sometimes called "raw score") received in the examination.

At the date (October 4, 1971) of the publication of the eligibility list, the number of positions which were available for appointment by the appointing authority was two. However, on November 19, 1971, the appointing authority (Secretary) decided, for what it called budgetary reasons, to eliminate entirely one of the two positions from the Williamsport district. The Secretary, therefore, appointed Fisher to the classified service as an Appeals Referee I, and notified Williams of the termination of his employment, which brought about Williams' appeal to the Commission.

The record clearly shows, and it was also stipulated, that Williams' performance record as an Appeals Referee

[ 7 Pa. Commw. Page 558]

I indicated very good performance ratings; and in addition to his passing the examination, it was agreed that ...


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