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JOSEPH C. MAWN v. COMMONWEALTH PENNSYLVANIA (01/10/75)

decided: January 10, 1975.

JOSEPH C. MAWN, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, APPELLEE



Appeal from the Order of the State Civil Service Commission in case of Appeal of Joseph C. Mawn, No. 1377.

COUNSEL

Howard M. Spizer, with him Munley & Munley, for appellant.

Barnet Lieberman, Assistant Attorney General, for appellee.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 17 Pa. Commw. Page 10]

This is the appeal of Joseph C. Mawn from an order of the State Civil Service Commission dismissing his appeal from the action of the Commission changing a certification of his eligibility for promotion from the position of Caseworker II to Public Welfare Administrator V in the Department of Welfare.

We reverse the Commission's order and remand the record for a full, fair and impartially conducted hearing at which the appellant shall be afforded the opportunity, improperly denied him at the previous hearing, to develop his case.

It is Mr. Mawn's contention that the Commission's action in changing its certification was the result of antiunion bias on the part of officials of the Department of Welfare, particularly of a Mrs. Catherine McKenna, Acting Regional Deputy Secretary for the Northeastern Pennsylvania Region, acting in concert with members of the staff of the State Civil Service Commission. The facts which the appellant was able to adduce are strange, highly suspicious and demand a full exposition of the matter which erroneous rulings of the Commission at the hearing precluded.

Mr. Mawn aspired to the position of director of the Lackawanna County Board of Assistance which must be filled by a person qualified by standards of the Department of Welfare, applied by the State Civil Service Commission,

[ 17 Pa. Commw. Page 11]

    as a Public Welfare Administrator V. See Bleilevens v. Pennsylvania State Civil Service Commission, 11 Pa. Commonwealth Ct. 1, 312 A.2d 109 (1973). Mr. Mawn had been employed in the office of the Lackawanna County Board of Assistance for 20 years, most recently as a Caseworker II, in which last position, he asserts, fifty percent of his time was spent in administrative duties. He possesses baccalaureate and graduate degrees and has considerable administrative experience in public and private endeavors, including the presidency of a union for a number of years.

The job description of Public Welfare Administrator V, Department of Welfare, includes the following pertinent requirement.

"Minimum Experience and Training: Six years of progressively responsible experience in the field of human services, including three years in an administrative capacity, two years of which must have been in a public welfare agency; and a bachelor's degree; or any ...


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