Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of William Leroi v. Civil Service Commission of the City of Philadelphia, No. 2519 May Term, 1974.
A. Charles Peruto, for appellant.
Gayle R. Smith, Assistant to the City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.
Judges Crumlish, Jr. and Wilkinson, Jr., sitting as a panel of two. Opinion by Judge Crumlish, Jr.
[ 34 Pa. Commw. Page 191]
The Civil Service Commission of the City of Philadelphia (Commission/Appellee) ordered the dismissal of Appellant as a Philadelphia policeman. William Leroi (Appellant) appealed to the Court of Common Pleas which sustained the Commission's decision. Appellant now comes to us.
[ 34 Pa. Commw. Page 192]
The charges against Appellant and those which form the basis for his dismissal are as follows: (1) association with one John Hutchins a/k/a Sundown (Hutchins), knowing of his criminal activity and failing to take proper action;*fn1 and (2) attempting to influence the actions of a fellow officer, Policeman Patrick Taylor (Taylor), in the investigation and arrest of Hutchins. Appellant was found guilty of Conduct Unbecoming an Officer*fn2 and was dismissed on February 16, 1973. No criminal charges were filed.
The following factual presentation serves as the genesis of this controversy.
Appellant was, until his dismissal, a 15-year veteran policeman assigned to the Police Radio Room.*fn3 Over a period of approximately 12 years Hutchins was an informant of Appellant. Taylor, then a two-year veteran, was assigned to sector patrol in the 25th Police District. He had been acquainted with Hutchins for approximately eight months.
The record shows that, upon information received from an informant, Taylor suspected Hutchins of dealing in drugs and commenced an investigation. Shortly thereafter, Taylor was approached by Appellant and the following conversation, as related by
[ 34 Pa. Commw. Page 193]
Taylor at the Police Board of Inquiry ...