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MARY F. COLEMAN v. BOARD EDUCATION SCHOOL DISTRICT PHILADELPHIA (01/23/76)

decided: January 23, 1976.

MARY F. COLEMAN
v.
BOARD OF EDUCATION OF THE SCHOOL DISTRICT OF PHILADELPHIA, APPELLANT



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Mary F. Coleman v. Board of Education of the School District of Philadelphia, No. 211 July Term, 1974.

COUNSEL

Vincent J. Salandria, for appellant.

Harry P. Begier, Jr., with him, of counsel, Orlofsky, Cozen & Begier, for appellee.

John M. McNally, Jr., First Deputy City Solicitor, with him Sheldon L. Albert, City Solicitor, and Stephen Arinson, Chief Deputy City Solicitor, for intervenor.

Judges Crumlish, Jr., Kramer and Wilkinson, Jr., sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 23 Pa. Commw. Page 71]

Mary F. Coleman brought an action in mandamus against the Appellant, Board of Education of the School District of Philadelphia (School Board), seeking to compel it to reinstate her to the position from which she had been discharged or in the alternative to transfer her to another position, with back pay. The parties filed cross-motions for summary judgment. The Court of Common Pleas of Philadelphia County*fn1 denied School Board's motion for summary judgment and granted Coleman's motion for summary judgment. School Board appeals those orders. The Board of Revision of Taxes of the City of Philadelphia (Board of Revision), although not a party to the action in the court below, has intervened in this appeal.

In 1960, School Board assigned Coleman to work at the Board of Revision*fn2 as a file clerk in the assessment and collection of taxes for the School Board.*fn3 On

[ 23 Pa. Commw. Page 72]

June 26, 1974, she was notified by her supervisor at Board of Revision that her assignment was terminated effective June 28, 1974. The following facts, which are accepted as true,*fn4 characterized the relationship between Coleman and School Board:

     a) Coleman was assigned an employee number by School Board;

     b) Coleman was issued a School Board employee identification card bearing her employee number and identifying her as a "clerk";

     c) Coleman is a member of the School Employees' Retirement Association;

     d) Coleman's salary is paid by School Board;

     e) Coleman is a member of the School Board Credit Union;

     f) Provision is made in School Board's budget allocations for municipal services, including Board of Revision Services, performed by school district employees.

In her Complaint, Coleman contends that she was an employee of School Board and that her termination was unlawful under the provisions of the Education Supplement to the Philadelphia Home Rule Charter (Home Rule Charter) and ...


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