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NORRISTOWN STATE HOSPITAL v. HARRY L. BRUCE (10/06/82)

decided: October 6, 1982.

NORRISTOWN STATE HOSPITAL, DEPARTMENT OF PUBLIC WELFARE, PETITIONER
v.
HARRY L. BRUCE, RESPONDENT



Appeal from the Order of the State Civil Service Commission in case of Harry L. Bruce v. Norristown State Hospital, Appeal No. 3134.

COUNSEL

Stanley Slipakoff, Assistant Attorney General, for petitioner.

Alli B. Majeed, for respondent.

Judges Blatt, Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 69 Pa. Commw. Page 299]

The Norristown State Hospital, Department of Public Welfare (Hospital), appeals here from an adjudication and order of the State Civil Service Commission (Commission) which sustained an appeal from a dismissal filed by Harry L. Bruce. For the reasons which follow, we will reverse.

Mr. Bruce was last employed as a Psychiatric Aide I, probationary status, at the Hospital, a position he held from October 22, 1979 until April 10, 1980 when he was dismissed for an alleged failure on his part to fully disclose his criminal conviction record on his

[ 69 Pa. Commw. Page 300]

    employment application. In response to this action, Mr. Bruce appealed to the Commission pursuant to both subsections (a) and (b) of Section 951 of the Civil Service Act (Act), Act of August 5, 1941, P.L. 752, as amended, added by Section 27 of the Act of August 27, 1963, P.L. 1257, 71 P.S. ยง 741.951, and a hearing on the matter was conducted on August 6, 1980. After evaluating the evidence adduced at this hearing, the Commission made the following pertinent findings of fact:

7. In addition to his Civil Service application, Appellant, on October 4, 1979, completed and submitted an application required by the appointing authority.

8. Question No. 27 on the appointing authority's application asks whether the applicant was ever convicted of a criminal offense.

10. Appellant answered "Yes" and noted a 1966 conviction for simple assault, a 1965 non-support conviction and a 1974 ...


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