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FRANK V. RIZZO v. COMMONWEALTH PENNSYLVANIA (02/28/75)

decided: February 28, 1975.

FRANK V. RIZZO, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, CIVIL SERVICE COMMISSION, APPELLEE, AND COMMONWEALTH OF PENNSYLVANIA, MILK MARKETING BOARD, INTERVENING APPELLEE



Appeal from the Order of the State Civil Service Commission in case of Appeal of Frank V. Rizzo, No. 1460.

COUNSEL

Dennis Revak, with him Martin Lubow and Rosenberg & Lubow, for appellant.

Howard D. Brooks, Associate Counsel, with him Walter J. Sullivan, Chief Counsel, for intervenor.

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

Author: Crumlish

[ 17 Pa. Commw. Page 475]

Frank V. Rizzo (Rizzo) appeals an adjudication of the State Civil Service Commission which sustained his removal from the position of Milk Marketing Auditor I, effective September 5, 1973, by the Milk Marketing Board, for just cause as required by Section 807 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. § 741.807 (Supp. 1974-1975).

Rizzo had been employed by the Milk Marketing Board since November 1959, his most recent position being Milk Marketing Auditor I, regular status. His employment entailed field audits of approximately eight wholesale milk dairies within the Pittsburgh region subject to the jurisdiction of the Milk Marketing Board. On July 18, 1973, Rizzo was dismissed by oral communication from the Chairman of the Milk Marketing Board. His dismissal was confirmed by telegram received July

[ 17 Pa. Commw. Page 47625]

, 1973 with an effective date of July 24, 1973. A written confirmation of his removal followed, which contained an explanation of his appeal and hearing rights under the Civil Service Act. Rizzo filed a timely appeal from this personnel action with the Civil Service Commission wherein he alleged that the written notice of removal failed to set forth the reasons for his removal as required by Section 950 of The Civil Service Act, 71 P.S. § 741.950 (Supp. 1974-1975). Thereafter, at the suggestion of the Executive Director of the Civil Service Commission, an amended notice of removal was mailed to Rizzo by the Milk Marketing Board on September 5, 1973. This notice contained the following reasons for discharge:

1) his unsatisfactory financial audits in the Erie market during February of 1973 and failure to return to Erie to complete the audits;

2) unsatisfactory audits of Menzie's Dairy in McKeesport, Pennsylvania; and

3) an unauthorized vacation by Rizzo from June 8 to July 17, 1973 while he was assigned to audits in the Pittsburgh area.

On February 6, 1973, after concluding two evidentiary hearings, the Commission found that these charges were supported by the evidence, and affirmed Rizzo's discharge. The effective date of the removal, however, was determined to be September 5, 1973, the date of the amended notice of dismissal. Accordingly, he was granted back pay and benefits from ...


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