Appeal from the Order of the Court of Common Pleas of Centre County in case of Gladys C. Hosler v. Bellefonte Area School District and K. Frederick Mauger, Superintendent, No. 7 January Term, 1971.
William A. Hebe, with him Spencer and Gleason, for appellant.
John R. Miller, with him Miller, Kistler, Campbell & Mitinger, Inc., for appellees.
Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Rogers and Blatt. Judge Mencer did not participate. Opinion by Judge Crumlish, Jr. Dissenting Opinion by Judge Blatt. Judge Wilkinson joins in this dissent.
[ 16 Pa. Commw. Page 611]
This is an appeal from a decision and order of the Court of Common Pleas of Centre County, dated May 9, 1973, which affirmed the action of the Superintendent of Bellefonte Area School District in giving teacher, Gladys C. Hosler, (Hosler) an unsatisfactory rating.
[ 16 Pa. Commw. Page 612]
Hosler was employed during the school year 1969-1970 by Bellefonte Area School District as an art teacher with the status of "temporary employe." During the month of August, 1970, a vacancy in an art teaching position occurred in the School District. On August 19, 1970, Hosler wrote the Superintendent of Schools, Dr. Mauger, advising him that a friend of Hosler was "immediately available for a position in this area." The friend, Miss Merriam, was interviewed by Doctor Mauger and another administrator of the School District and was hired on September 1, 1970.
On September 22, 1970, Doctor Mauger learned through a newspaper article that Merriam had been hired by another school district late in August, 1970 and that she had failed to give that district the contractually required sixty (60) days notice of termination of her contract before she accepted employment with the Bellefonte School District.
On October 20, 1970, Hosler was given an unsatisfactory rating by Doctor Mauger in the areas of professional relationships and judgment. The basis for this unsatisfactory rating was Hosler's representation in her letter of recommendation to Doctor Mauger that Merriam was "immediately available" for employment, when it was within her knowledge that Merriam had signed a contract with another school district.
An action in equity was subsequently filed by Hosler against Bellefonte Area School District and Doctor Mauger*fn1 alleging that the unsatisfactory rating of October 20,
[ 16 Pa. Commw. Page 6131970]
was given arbitrarily and capriciously, and asking that rating be removed from ...