Appeal from the Order of the State Civil Service Commission in case of Frank R. Magnelli v. Pennsylvania Liquor Control Board, No. 2081.
Frank R. Magnelli, petitioner, for himself.
Kenneth W. Makowski, 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.
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In 1976, the Pennsylvania Liquor Control Board (appointing authority) had several openings for the position of Enforcement Officer IV. Frank Magnelli, then an Enforcement Officer III with an excellent record,
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sat for a Civil Service examination for promotion to that position. He scored third highest among those who took the examination.
The appointing authority decided upon the promotion of five persons in September of 1976 -- Magnelli not among them -- and confirmed those five promotions in October, 1976.
Magnelli appealed to the State Civil Service Commission (Commission), alleging that he was passed over because of political reasons, a prohibited form of discrimination under Section 905.1 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, added by Section 25 of the Act of August 27, 1963, P.L. 1257, 71 P.S. § 741.905(a).*fn1
This is a petition for review of the Commission's adjudication and order of May 16, 1977 which dismissed Magnelli's appeal from his nonpromotion.
The promotional procedure employed fell under the promotional examination provisions of Sections 601 and 602 of the Civil Service Act, 71 P.S. §§ 741.601-602 and the Commission's implementing regulations in Chapter 97 of 4 Pa. Code.
Section 601 authorizes the Civil Service Director to certify to the appointing authority a list of eligibles ranked in order of their scores on a ...