Appeal from the Order of the State Civil Service Commission in case of Joseph C. Mawn v. State Civil Service Commission, Appeal No. 1490, dated August 6, 1975.
Howard M. Spizer, with him Robert W. Munley, for appellant.
Lynne N. Mountz, Assistant Attorney General, with her Darius G. C. Moss, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
Judges Kramer, Wilkinson, Jr. and Rogers, sitting as a panel of three. Opinion by Judge Rogers.
[ 28 Pa. Commw. Page 378]
In Mawn v. State Civil Service Commission, 17 Pa. Commonwealth Ct. 9, 330 A.2d 271 (1975), we set aside an order of the State Civil Service Commission dismissing Mawn's appeal to the Commission from a determination by the Commission that he was not eligible for promotion to the position of Public Welfare Administrator V, so that he might be director of the Lackawanna County Board of Assistance. We remanded the record to the Commission for a new hearing so that Mr. Mawn might testify as to conversations with one Mrs. Kathryn McKenna, Acting Regional Deputy Secretary of Welfare for Northeastern Pennsylvania, which testimony we concluded was improperly excluded at the first hearing. The purpose of the testimony referred to was to prove that Mrs. McKenna was motivated by anti-union bias against Mawn, a former union president, when she intervened with the State Civil Service Commission to declare Mawn ineligible to be a Public Welfare Administrator V and that the declaration of ineligibility was, therefore, based on unlawful discrimination in violation of Section 905.1 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. § 741.905a.
As we directed, the Commission conducted a hearing at which Mawn testified concerning his conversation with Mrs. McKenna and Mrs. McKenna testified that she said nothing derogatory about unions or Mr. Mawn's affiliations with unions.
[ 28 Pa. Commw. Page 379]
A brief summary of the evidence adduced respectively by Mr. Mawn and the respondents is as follows:
Mr. Mawn, with corroboration of friends, testified that on June 4, 1973 the chief evaluator for the State Civil Service Commission furnished him with a certification of his eligibility as Public Welfare Administrator V, and that the executive director of the Commission told him to have the Lackawanna County Board of Assistance send his name to the Commission and that he, Mawn, would be certified for the job of director of that agency; that the County Board elected him its director on June 11, 1973; that on June 12, 1973 Mrs. McKenna prevented him from taking the position as director, asserting that he was unqualified and ineligible; that Mrs. McKenna at a subsequent meeting questioned Mr. Mawn as to his union work and affiliations and told him to forget about getting a promotion in the Department of Welfare so long as he was in the union; and that, apparently as a result of Mrs. McKenna's protestations, the State Civil Service Commission, on July 6, 1973, made a determination in writing that Mr. Mawn was not eligible to be a Public Welfare Administrator V and hence not qualified to be director of a County Board of Assistance.
On the part of the respondent, the executive director of the Commission denied that he told Mr. Mawn and his friends that Mr. Mawn was eligible, or would be certified by the Commission, for the job of director of the Lackawanna County Board of Assistance; the chief evaluator of the State Civil Service Commission testified that he did not tell Mr. Mawn that he was eligible to be Public Welfare Administrator V on June 4, 1973, and that the written certification which he delivered to Mr. Mawn on that date was intended to be conditioned on a proposed, but not yet
[ 28 Pa. Commw. Page 380]
adopted, change in specifications for the position by the Department of Welfare, of which fact he advised Mr. Mawn when he gave him this certification; and that he, the chief evaluator had erred when he executed the certification without qualification. Mrs. McKenna categorically denied that she told Mr. Mawn that he could not expect promotion in the Department ...