Appeal from the Order of the State Civil Service Commission in case of Thomas C. Howell v. Commonwealth of Pennsylvania, Department of Health, No. 1631.
Richard L. Kearns, with him Joseph G. Skelly, and Ball & Skelly, for appellant.
Jennifer A. Stiller, Assistant Attorney General, with her Robert P. Kane, Attorney General, for appellee.
Judges Kramer, Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Kramer.
This is an appeal by Thomas C. Howell from an order of the State Civil Service Commission which sustained the Secretary of Health's removal of Howell from his position of Administrative Officer II, regular status, effective January 21, 1975. The issues in this case are whether the Commission's findings are supported by substantial evidence and whether the Commission's findings support its conclusions that there was just cause for Howell's removal. We affirm.
Howell was an employe of the Department of Health, Office of Deputy Secretary for Administration for six years. By letter dated January 6, 1975, the Secretary of Health notified Howell of his removal from his job effective January 21, 1975, pursuant to Section 807 of the Civil Service Act.*fn1 The letter stated that the reason for the removal was "your unsatisfactory work performance." On February 24, 1975, the Secretary issued an amended notice of removal*fn2 which stated:
"The reason for this action is your unsatisfactory work performance, particularly your inability to work with others. This inability has prevented you from successfully carrying out your administrative and other responsibilities."
Howell appealed to the Civil Service Commission under Section 951(a) of the Civil Service Act.*fn3 The Commission's adjudication included the following pertinent findings of fact:
"12. Appellant was unable to work with personnel in the regional offices to which he was assigned.
13. Appellant had difficulty with personnel in the Lewistown Regional Office.
14. Two doctors in the Regional Office at Pittsburgh were dissatisfied with appellant in that office ...