Appeal from the Order of the Court of Common Pleas of Venango County in case of Byron Joseph Corle v. City of Oil City and Civil Service Commission of the City of Oil City, No. 297-1977 A.D.
H. William White, with him James M. Greenfield, and Dale, Woodard, Montgomery & White, for appellant.
F. Walter Bloom, III, City Solicitor, for appellees.
Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.
[ 45 Pa. Commw. Page 560]
Byron Joseph Corle (appellant) has appealed from an order of the Court of Common Pleas of Venango County which affirmed the adjudication of the Civil Service Commission of the City of Oil City (Commission) which sustained the action of the city manager and fire chief of Oil City in terminating appellant's employment.
The appellant, a fireman employed by the City of Oil City since July 1, 1957, was dismissed from his employment on March 26, 1976, the day following his arrest on the charge of open lewdness. The notice of dismissal states that the appellant had been
dismissed from the service under the provisions of the City of Oil City Fire Department General Rules, Article IV, Sections 4, 6 and 7, which are set forth as follows:
4. Members shall not be a party to any indecent or immoral conduct.
[ 45 Pa. Commw. Page 5616]
. No member shall conduct himself in a manner unbecoming a gentleman, or prejudicial to the good reputation, the order, or discipline of the Fire Department.
7. Members at all times shall be free from influence of intoxicating liquors. They shall not bring into or keep within the premises of the Fire Department any such liquors. Members shall not gamble for money or other articles of value upon the premises of the Fire Department. They shall not be guilty of immoral or improper conduct nor of conduct unbecoming an officer or gentleman, nor of cowardice, or of shirking of duty. They shall not in any manner do anything prejudicial to the good reputation, order, or discipline of the department. They shall not engage on [ sic ] altercations under any circumstances.
The notice further stated that the appellant had, on March 25, 1976, at 8:28 a.m., exposed and manipulated his genitals while standing in front of a large window in his residence while two girls passed by on the sidewalk. The notice also stated that the appellant ...