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SIEGEL v. CIVIL SERVICE COMMISSION (06/08/73)

decided: June 8, 1973.

SIEGEL
v.
CIVIL SERVICE COMMISSION



Appeal from the Order of the State Civil Service Commission in case of Appeal of Harry Siegel, No. 1299.

COUNSEL

Steven E. Abraham, with him Jack E. Feinberg, for appellant.

Glenn Gilman, Assistant Attorney General, with him Michael von Moschzisker, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 9 Pa. Commw. Page 257]

By letter dated May 25, 1972, appellant was demoted*fn1 from his position as Youth Development Center Director III, in the Bureau of Youth Services, Office of Children and Youth, to Youth Development Center Director II, in the same Bureau and Office, and at the same salary, effective May 26, 1972. By letter dated June 1, 1972, he appealed this demotion to the State Civil Service Commission. A hearing was held on July 18, 1972, at 12:30 p.m., recessed from 1:05 p.m. to 2:20 p.m., and concluded at 7:00 p.m. The Commission entered its adjudication and order on November 30, 1972, affirming the action of the appointing authority. This appeal followed.

Appellant raises three questions in this appeal:

"1. Is the decision of the State Civil Service Commission that Appellant unsatisfactorily performed his duties supported by substantial evidence, or was this decision an abuse of discretion?

"2. Has Appellant been denied due process of law because the bulk of the hearing before the Civil Service Commission was heard by only one member of the three-member panel, who indicated that he did not understand what Appellant was attempting to prove, and also demonstrated animousity (sic) and dislike to Appellant's Counsel?

"3. Were the constitutional rights of the Appellant violated because the authority failed to place evidence on the record that the demotion of Appellant was improperly (sic) approved?"

We have reviewed the record and find that there is more than ample evidence to support all of the findings

[ 9 Pa. Commw. Page 258]

    of fact and conclusions of law. With the letter dated May 25, 1972, demoting the appellant, the Director of the Bureau of Youth Services included attachments of former correspondence which clearly outlined the basis for the dissatisfaction with appellant's performance. The Director testified at the hearing and supported all of the assertions made in the previous correspondence. The Commission saw fit to accept this testimony rather than that of appellant's witnesses. In this, it was completely within its prerogative. Gibbs v. Civil Service Commission, 3 Pa. Commonwealth Ct. 230, 281 A.2d 170 (1971). We have examined with particular care the evidence with regard to the unsatisfactory rating given appellant by the Director. We are satisfied that the changes in the "checking" portion were changed prior to the report being submitted and as a result of consultation with others, because the Director wanted the checked portion to properly reflect the written memorandum which ...


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