No. 80-1-91, Appeal from Order of the Commonwealth Court of Pennsylvania No. 1568 C.D. 1978
Daniel R. Delaney, Delaney & Evans, Pittsburgh, for appellant.
James D. Zimmer, Zimmer & Dice, Pittsburgh, for appellees.
O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. O'Brien, C. J., did not participate in the decision of this case.
This appeal is from an order of the Commonwealth Court opening a peremptory judgment in mandamus entered by the Court of Common Pleas of Allegheny County in favor of appellant, John G. Salakas.*fn1 Because appellant has not had the opportunity to prove the facts necessary to entitle him to the relief sought, we affirm the order of the Commonwealth Court and remand to the trial court for further proceedings consistent with this opinion.*fn2
Appellant is a tenured professional employee of the appellee, Shaler Area School District ("School District"), and has
been so employed since July 1971.*fn3 In May 1976, the School District commenced dismissal proceedings against him, alleging incompetency, persistent negligence and willful violation of school laws.*fn4 As part of the evidence offered, the School District presented two unsatisfactory performance ratings.*fn5 On March 17, 1977, after extensive hearings, the Board of School Directors voted not to discharge appellant.*fn6
In November, 1977, appellant learned that he had been recommended for yet another unsatisfactory rating. On December 29, 1977, even before he received this rating, appellant filed his Complaint in Mandamus seeking inter alia, (1) expunction from the School District's records of all charges involved in the earlier dismissal action, including the two unsatisfactory ratings offered in support thereof*fn7 and (2) a Local Agency Law*fn8 hearing to challenge the recommended unsatisfactory rating. The School District filed preliminary objections to the complaint, and appellant moved for peremptory judgment.
On March 1, 1978, appellant apparently received his third unsatisfactory rating. Although not of record, it appears from the briefs filed in this appeal that on March 9, 1978 appellant requested a Local Agency Law hearing to ...