Appeal from the Order of the State Civil Service Commission in case of Robert J. Losieniecki v. Pennsylvania Board of Probation and Parole, No. 2118.
Preston L. Davis, with him Davis, Davis & Kaar, for petitioner.
Robert A. Greevy, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.
Judges Crumlish, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.
[ 39 Pa. Commw. Page 195]
The Board of Probation and Parole (Board) discharged petitioner from his employment as a Parole Agent III. On appeal, the Pennsylvania Civil Service Commission (Commission), after hearings, ordered him reinstated because the Board had not adequately demonstrated just cause for his dismissal.
However, the Commission refused to order any back pay reimbursed to petitioner. We are asked to review only that back pay decision.
The controversy arose against the background of a Social Rehabilitation Services (SRS) program administered under the supervision of the Department of Public Welfare (DPW). Under the SRS program, the Board rendered specialized services to parolees who were simultaneously clients of DPW.
[ 39 Pa. Commw. Page 196]
If the Board showed that it had provided such services and that the parolee-recipient was eligible, it was reimbursed by DPW.
DPW ordinarily determined the eligibility of the clients on the basis of information supplied on Form 653, filled in by the parole agent with information elicited from his client.
Near the bottom of Form 653 there was a space captioned "SIGNATURE OF APPLICANT OR PERSON/AGENCY ACTING ON APPLICANT'S BEHALF." The space immediately below was entitled "SIGNATURE OF INTERVIEWER AND TITLE."
Losieniecki was dismissed by the Board when his immediate supervisor uncovered several instances in which petitioner himself signed the parolee's name in the first space, without ...