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DORSEY JUSTICE v. COMMONWEALTH PENNSYLVANIA (08/03/81)

decided: August 3, 1981.

DORSEY JUSTICE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Dorsey L. Justice v. Youth Development Center at Cornwells Heights, Department of Public Welfare, Appeal No. 2755.

COUNSEL

Terry L. Fromson and Louis S. Rulli, for petitioner.

James S. Marshall, Assistant Attorney General, for respondent.

Judges Mencer, Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 61 Pa. Commw. Page 318]

The appellant, Dorsey L. Justice, appeals from an order of the State Civil Service Commission (Commission) which, although reinstating him to his position as a houseparent employed by the Department of Public Welfare (DPW) at the Cornwells Heights Youth Development Center, declined to award him back pay for the period of removal.

The appellant's employment was terminated by the DPW on the ground that he had falsified his employment application by failing to list and fully describe all of his prior criminal convictions. After a hearing the Commission made the following relevant findings of fact:

9. Appellant completed a State Civil Service application for employment which was notarized June 9, 1978.

10. On September 25, 1978, appellant completed a Personnel Data Summary.

[ 61 Pa. Commw. Page 31911]

. On both applications, appellant replied 'yes' to questions asking whether he had ever been convicted of a criminal charge.

12. On each application, appellant provided further details, as requested. Such details included only those convictions appellant considered most serious ...


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