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JOHN C. CHEW v. STATE CORRECTIONAL INSTITUTION AT DALLAS (03/13/80)

decided: March 13, 1980.

JOHN C. CHEW, PETITIONER
v.
STATE CORRECTIONAL INSTITUTION AT DALLAS, BUREAU OF CORRECTION, RESPONDENT. JOHN C. CHEW, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF JUSTICE & CORRECTIONS, RESPONDENT. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, INTERVENOR



Appeal from the Order of the State Civil Service Commission in case of John C. Chew v. State Correctional Institution at Dallas, Bureau of Correction, Appeal No. 2474; and Appeal, No. 786 C.D. 1979, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of John Carrollton Chew, No. B-169947.

COUNSEL

James F. Geddes, Jr., of Silverblatt and Townend, for petitioner.

Jerry I. Drew, Deputy Attorney General, with him John O. J. Shellenberger, Deputy Attorney General, Joseph F. Strain, Assistant Attorney General, Francis R. Filipi, Assistant Attorney General, and Edward G. Biester, Jr., Attorney General, for respondent.

John Kupchinsky, Assistant Attorney General, with him Daniel R. Schuckers, Assistant Counsel, Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for intervenors.

Judges Rogers, MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers. President Judge Bowman did not participate in the decision in this case.

Author: Rogers

[ 50 Pa. Commw. Page 124]

We have consolidated for argument and disposition the appeals of John C. Chew from orders of the Pennsylvania Civil Service Commission and the Unemployment Compensation Board of Review. The order of the Civil Service Commission reinstated Chew, without back pay, in his position as Elementary-Secondary Teacher, regular status, with the Correctional Institution at Dallas, Bureau of Correction, from which he had been removed by reason of his asserted failure to be or become a resident of Pennsylvania. The Commission concluded that Chew was when appointed and remained thereafter a resident of Pennsylvania. The order of the Board of Review declared Chew to be ineligible for unemployment compensation benefits after his removal from the service on the ground that his removal had been occasioned by his, Chew's, willful misconduct in not being or becoming a resident of Pennsylvania. The inconsistent orders were founded on the same circumstances and both required the application of the State Civil Service Commission regulation found at 4 Pa. Code § 95.2(a), reading as follows:

Legal Residence. The legal residence of an applicant shall be construed as the place or locality where he has evidenced a bona fide intention to make his permanent home or domicile and to exercise his rights of citizenship.

Chew does not dispute that he was required to be a resident of Pennsylvania when he applied for his Civil Service position at the Correctional Institution, see Section 501 of the Civil Service Act, Act of August 5,

[ 50 Pa. Commw. Page 1251941]

, P.L. 752, as amended, 71 P.S. § 741.501, or that he was required to remain a resident during his employment.

Chew was appointed to his position in the classified service at the Correctional Institution in February 1977. He was removed by the Superintendent on June 16, 1978. The reasons given for his removal were: (1) his violation of regulation 95.2 "in that you are not a permanent legal resident of this Commonwealth" and (2) misconduct amounting to violation of the law by providing false information concerning his residence on his application for civil service certification ...


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