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JOSEPH F. WESOLEK v. SHALER TOWNSHIP AND SHALER TOWNSHIP CIVIL SERVICE COMMISSION. TOWNSHIP SHALER (01/28/81)

decided: January 28, 1981.

JOSEPH F. WESOLEK
v.
SHALER TOWNSHIP AND SHALER TOWNSHIP CIVIL SERVICE COMMISSION. THE TOWNSHIP OF SHALER, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Joseph F. Wesolek v. Shaler Township and Shaler Township Civil Service Commission, No. SA 582 of 1979.

COUNSEL

John H. Bingler, Jr., with him Joseph Mack, III, Thorp, Reed & Armstrong, for appellant.

P. Andrew Diamond, with him John R. DeAngelis, Lewis, Stockey and DeAngelis, for appellee.

Judges Mencer, Rogers, and Palladino, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 56 Pa. Commw. Page 333]

The Civil Service Commission of the Township of Shaler, Allegheny County, sustained a 7-day suspension, without pay, meted out to police officer Joseph F. Wesolek (Wesolek) for alleged disobedience of orders and conduct unbecoming an officer. Wesolek appealed to the Court of Common Pleas of Allegheny County and set forth in his appeal the following reasons why he contended the Commission's determination should be reversed:

(A) The findings of facts of the Respondent Civil Service Commission are in error;

[ 56 Pa. Commw. Page 334]

(B) The findings of facts of the Respondent Civil Service Commission was [ sic ] against the weight of the evidence;

(C) The conclusions of law reached by the Respondent Civil Service Commission are erroneous;

(D) The Respondent Civil Service Commission admitted and considered heresay [ sic ] evidence and other illegal and incompetent evidence over Petitioner's objections;

(E) The Respondent Civil Service Commission violated the Petitioner's United States Constitutional rights;

(F) The Respondent Civil Service Commission acted arbitrary [ sic ] and capricious [ sic ] in sustaining the seven (7) day suspension of the ...


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