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NICHOLAS FABIO v. CIVIL SERVICE COMMISSION CITY PHILADELPHIA (05/16/77)

decided: May 16, 1977.

NICHOLAS FABIO, APPELLANT
v.
CIVIL SERVICE COMMISSION OF THE CITY OF PHILADELPHIA



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Nicholas Fabio v. Civil Service Commission of the City of Philadelphia, No. 2864 June Term, 1974.

COUNSEL

Ronald L. Wolf, with him Stanley Bashman, and Bashman, Bernstein & Wolf, for appellant.

Howland W. Abramson, Assistant City Solicitor, with him James M. Penny, Jr., Assistant City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer. Judge Rogers concurs in the result.

Author: Mencer

[ 30 Pa. Commw. Page 204]

In Faust v. Police Civil Service Commission of Borough of State College, 22 Pa. Commonwealth Ct. 123, 347 A.2d 765 (1975), we held that adultery by a police officer committed while not in uniform and off duty is conduct unbecoming a police officer, under

[ 30 Pa. Commw. Page 205]

Section 1190(4) of The Borough Code,*fn1 53 P.S. ยง 46190(4).

We are now confronted with a similar case, but here the police officer was charged, found guilty, and dismissed relative to conduct held to be in contravention of Article I, Section 1.75 of the Philadelphia Police Department Duty Manual (Police Manual), which states:

Conduct Unbecoming an Officer --

Repeated violations of departmental rules and regulations, or any other course of conduct indicating that a member has little or no regard for his responsibility as a member of the Police Department.

Nicholas Fabio (appellant) was appointed to the Philadelphia Police Department on November 2, 1969 and was assigned to the 14th District during the month of February 1970. On July 1, 1973, he was rated overall "superior" on his last performance report.

On October 1, 1973, the Commanding Officer of the 14th District of the Philadelphia Police Department received a phone call from a man who identified himself as Joseph Gleason. The caller stated that he was the father-in-law of the appellant and that he wished to register a complaint against Police Officer Stephen Richman because the latter had "stolen" his daughter (Joan Fabio) away from the appellant. ...


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