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EVERETT E. SHAEFER v. WEST CHESTER STATE COLLEGE (10/23/80)

decided: October 23, 1980.

EVERETT E. SHAEFER, PETITIONER
v.
WEST CHESTER STATE COLLEGE, DEPARTMENT OF EDUCATION, RESPONDENT



Appeal from the Order of the State Civil Service Commission in case of Everett E. Shaefer v. West Chester State College, Department of Education, Appointing Authority, No. 2753.

COUNSEL

E. Craig Kalemjian, Lamb, Windle & McErlane, for petitioner.

Wayne M. Richardson, Assistant Attorney General, for respondent.

Judges Mencer, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 54 Pa. Commw. Page 327]

Employee Everett E. Shaefer appeals from a decision of the State Civil Service Commission (commission) which dismissed employee's appeal and sustained the action of the West Chester State College in

[ 54 Pa. Commw. Page 328]

    the reassignment of employee from his position of Director of Business Affairs.

The commission found that employee has had a civil service classification as Institutional Business Manager III for more than thirty years. However, before February 5, 1979, employee held the working title of Director of Business Affairs.

On that date, the president of the college implemented a plan which reorganized the college's administrative structure, including employee's area of business affairs, and, after the reorganization, assigned employee the working title of Budget Director. Concomitant with his new working title, employee's duties changed and his areas of responsibility diminished.

Employee, pursuant to Section 951 of the Civil Service Law, Act of August 5, 1941, P.L. 752, as amended, added by Section 27 of the Act of August 27, 1963, P.L. 1257, 71 P.S. § 741.951, appealed to the commission his redesignation to Budget Director from Director of Business Affairs.

Employee contends that (1) the change constituted an improper demotion under Section 16 of the Civil Service Law, 71 P.S. § 741.706, because there was no showing that he failed to perform his duties as Director of Business Affairs satisfactorily; and (2) that it was a discriminatory personnel action under Section 905.1 of the ...


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