Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of In The Matter of Robert J. Schlear, Appeal From the Civil Service Commission, No. 1229 April Term, 1979.
Kenneth E. Aaron, Davidson, Aaron & Tumini, for appellant.
Denise Rae Scott, Assistant City Solicitor, with her Alan J. Davis, City Solicitor, and Judith N. Dean, Deputy, Appeals Division, for appellee.
President Judge Crumlish and Judges Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig. This decision was reached prior to the expiration of the term of office of Judge Wilkinson, Jr.
[ 58 Pa. Commw. Page 242]
Robert J. Schlear appeals from an order of the Court of Common Pleas of Philadelphia, affirming the Philadelphia Civil Service Commission's determination that his conduct on March 15, 1978 constituted just cause for dismissal from the Philadelphia police force.
Appellant and his partner, Edward Marshall, were assigned to patrol a certain area on the 7:00 p.m. to 3:00 a.m. shift ending on March 15. However, they reported off-duty at approximately 2:30 a.m. by turning in their logs and informing the officer in charge of the command post for the shift that they were leaving.
Appellant and Marshall went directly to an after-hours club, where Marshall gave his revolver to the
[ 58 Pa. Commw. Page 243]
bartender "for safekeeping." Marshall testified that he had several drinks, but that appellant did not drink because of digestive problems.
Marshall's gun discharged accidentally when he was retrieving it from the bartender around 5:30 a.m.; the bullet struck appellant's right ear and grazed his neck. Marshall flagged down a passing police car, which took appellant to the hospital for treatment. Neither appellant nor Marshall filed a report on the incident, as required by police rules.
On May 31, 1978, the police commissioner issued to appellant a Notice of Intention to Dismiss, which detailed the charges, which included quitting early, failure to ...