Appeal from the Order of the Court of Common Pleas of Erie County in case of In the Matter of the Suspension of Gordon Tomb, No. 4245-A-1977.
Donald C. Buseck, with him Gary V. Skiba, and Quinn, Gent, Buseck & Leemhuis, Inc., for appellant.
M. Richard Mellon, for appellee.
Daniel L. R. Miller and Christine Hall McClure, and McClure, Dart, Miller, Kelleher & White, for amicus curiae, Douglas Weigel.
Judges Crumlish, Jr., Mencer and Craig, sitting as a panel of three. Opinion by Judge Craig.
[ 40 Pa. Commw. Page 459]
This is an appeal by the Board of Education of Fairview School District (Board) from an order of
[ 40 Pa. Commw. Page 460]
the Court of Common Pleas of Erie County reinstating Gordon Tomb to the position of elementary school principal. We affirm.
Tomb was employed in the Fairview School District as principal of Chestnut Elementary School from January 31, 1972 until July, 1977, when a decline in student enrollment in the district led the Board, under Section 1124 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 11-1124 (Code), to curtail services at the elementary level,*fn1 by suspending four elementary teachers and one elementary principal, Mr. Tomb.
Tomb contested his suspension, and the Board upheld it after a local agency hearing. Tomb appealed to the lower court pursuant to Section 7 of the Local Agency Law, 53 P.S. § 11307.*fn2 The lower court sustained Tomb's appeal, and ordered him reinstated as an elementary school principal. The Board appealed to this Court.
To suspend a professional employee, Section 1125 of the Code, 24 P.S. § 11-1125, mandates specific procedures:
§ 11-1125. Suspensions and reinstatements; how made