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BRYCE M. CARNELL v. COMMONWEALTH PENNSYLVANIA (05/03/74)

decided: May 3, 1974.

BRYCE M. CARNELL, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, APPELLEE, AND THE PENNSYLVANIA FISH COMMISSION, INTERVENING APPELLEE



Appeal from the Order of the State Civil Service Commission in case of Appeal of Bryce M. Carnell, No. 1349.

COUNSEL

Robert N. Rowlands, with him Paul W. Reeder, Sr., William L. Knecht and McCormick, Lynn, Reeder, Nichols & Sarno, for appellant.

Theodore A. Adler, Deputy Attorney General, with him Israel Packel, Attorney General, for appellee.

Peter J. Ressler, Chief Counsel, for intervening appellee.

Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 13 Pa. Commw. Page 381]

Our Commonwealth's Civil Service Commission by order dated March 16, 1973 dismissed the appeal of Bryce M. Carnell and sustained the action of the Pennsylvania Fish Commission in reassigning him from his duties in Franklin County to Lawrence County.

On or about June 12, 1971, Carnell, in performance of his duties as Waterways Patrolman I, apprehended men named Rice and Courtney Gustafson in the act of killing frogs. Killing frogs under the conditions in which Rice and Gustafson were apprehended, was, as Carnell viewed it, a violation of the laws of our Commonwealth. Gustafson when apprehended, was a full-time employe of the Pennsylvania Fish Commission. Carnell reported these sinister activities to his superior.

A controversy then arose within the Pennsylvania Fish Commission as to whether Gustafson had committed any violation of the "fish laws" and therefore whether a prosecution was warranted.*fn1

[ 13 Pa. Commw. Page 382]

While in attendance at a meeting of a sportsmen's club in Franklin County on August 9, 1971, Carnell made public statements to the effect that

1) he felt Gustafson should be prosecuted;

2) he was having a dispute with his ...


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