Appeal from the Order of the State Civil Service Commission in the case of Richard Stein v. West Chester State College, Department of Education, No. 3197.
Wayne M. Richardson, for petitioner.
David F. Bortner, Parke, Barnes, Byrne & Spangler, for respondent.
Judges Blatt, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Williams, Jr.
[ 72 Pa. Commw. Page 562]
West Chester State College appeals to this Court to reverse an order of the Civil Service Commission which reinstated Richard Stein, after the college had dismissed him for his professional misdeeds. Our review of the record and pertinent case law leads us to affirm.
By letter dated July 8, 1980, the Vice President for Administration and Student Affairs of West Chester State College terminated Richard Stein from his position as Photographic Specialist II for misuse of a service purchase contract between the college and The Camera Shop. Specifically, the violations consisted of: (1) charging the college for film processing at The Camera Shop that was not related to his official duties, (2) charging the college for the processing of personal film for other staff members, and (3) charging the college for the purchase of a radio, a watch, and a telephoto lens for his personal use.
Stein appealed his termination to the Civil Service Commission, which concluded, after a hearing, that Stein was improperly removed, but that payment of lost wages was not justified. In so doing, the Commission made the following pertinent findings:
8. Appellant made use of the appointing authority's account with the Camera Shop to purchase two (2) cameras, two lenses, a radio and a watch using the appointing authority's funds.
9. During the period of the service purchase contract, appellant submitted for processing both his own film and that of other employes of the appointing authority.
[ 72 Pa. Commw. Page 56310]
. At no time during appellant's employment did the appointing authority promulgate or inform appellant of instructions defining those official college photographs to be handled by him in the performance of his duties.
11. Appellant's supervisor instructed him to purchase the cameras, lenses, radio and watch. Appellant's supervisor also instructed appellant to process her personal film under the ...