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JOSEPH SKRZYSOWSKI v. ANTHONY ATTARDO (01/06/82)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: January 6, 1982.

JOSEPH SKRZYSOWSKI, APPELLANT
v.
ANTHONY ATTARDO, WALTER SHANDRA AND JOHN REARDON, SUPERVISORS OF PITTSTON TOWNSHIP, APPELLEES

Appeal from the Order of the Court of Common Pleas of Luzerne County in the case of Joseph Skrzysowski v. Anthony Attardo, Walter Shandra and John Reardon, Supervisors of Pittston Township, No. 37 of 1977.

COUNSEL

Harry P. Mattern, for appellant.

Patrick E. Dougherty, for appellees.

President Judge Crumlish, Jr. and Judges Craig and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. This decision was reached prior to the expiration of the term of office of Judge Palladino.

Author: Crumlish

[ 63 Pa. Commw. Page 637]

Joseph Skrzysowski appeals a Luzerne County Common Pleas Court decision which affirmed his dismissal from the Pittston Township police force. We affirm.

In July 1976 Skrzysowski was notified by letter of his dismissal from the police force for: 1) neglect of duty; 2) failure to comply with the Police Training Act;*fn1 and 3) conduct unbecoming an officer. After extensive hearings before the Pittston Township Board of Supervisors, the Board affirmed Skrzysowski's discharge based on the letter of dismissal and four additional factors, which the Board set forth in its findings of fact.

Our scope of review under the Police Tenure Act*fn2 is the same scope of review as under the Borough Code or First Class Township Code, In Re: Appeal of Redo, 42 Pa. Commonwealth Ct. 468, 401 A.2d 394 (1979). Where the court below has taken no additional evidence*fn3 we are limited to a determination of whether the Board abused its discretion or committed

[ 63 Pa. Commw. Page 638]

    an error of law, Appeal of Zimmett, 28 Pa. Commonwealth Ct. 103, 367 A.2d 382 (1977).

The lower court reviewed the evidence presented before the Board and held that the charges made in the letter were too broad to support the additional findings made by the Board. However, the court concluded that the reasons for dismissal outlined in the letter were specific enough to warrant Skrzysowski's discharge and further that these combined charges were supported by substantial evidence and warranted Skrzysowski's discharge.*fn4 We agree.

The lower court clearly has made no error of law nor abused its discretion. Affirmed.

Order

The decision of the Luzerne County Common Pleas Court, No. 37, 1977, is affirmed.

This decision was reached prior to the expiration of the term of office of Judge Palladino.

Disposition

Affirmed.


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