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HAROLD GORDON v. CIVIL SERVICE COMMISSION (07/16/82)

decided: July 16, 1982.

HAROLD GORDON, APPELLANT
v.
CIVIL SERVICE COMMISSION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Harold Gordon v. Philadelphia Civil Service Commission, No. 2707 November Term, 1980.

COUNSEL

Alfonso Tumini, for appellant.

Jill A. Douthett, Deputy City Solicitor, with her Alan J. Davis, City Solicitor, and Linda S. Sonnenberg, Assistant City Solicitor, for appellee.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 67 Pa. Commw. Page 467]

Harold Gordon appeals from an order of the Court of Common Pleas of Philadelphia, affirming the Philadelphia Civil Service Commission's determination that his conduct on October 14, 1979 constituted just cause for dismissal from the Philadelphia police force.

[ 67 Pa. Commw. Page 468]

In the notice of intention to dismiss, the police commissioner charged the following:

CONDUCT UNBECOMING AN OFFICER: On Sunday, 10-14-79 between 6:00 p.m. and 6:30 p.m., you went to 5729 Beechwood Street, the residence of your former wife (divorce final September, 1979) Adele Gordon, without notice and then fought with her and hit her in the face knocking her down, while brandishing your service revolver.

During the same altercation described in the above, you struggled with Mr. George Isaac, and shot at him in an apparent attempt to kill him.

INTOXICATION: . . . your actions at 6:30 p.m., combined with the .06% score at 11:53 p.m. indicates you were intoxicated at 6:30 p.m.

DISOBEDIENCE OF ORDERS: During an altercation on 10-14-79 with Mr. George Isaac, you shot at him in an apparent attempt to kill him.

The appellant contends that the commission's adjudication was based solely on hearsay evidence, and was therefore not supported ...


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