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JODI R. SALVATI v. COMMONWEALTH PENNSYLVANIA (08/09/83)

decided: August 9, 1983.

JODI R. SALVATI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, BERKS COUNTY BOARD OF ASSISTANCE, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Jodi R. Salvati v. Berks County Board of Assistance, Appeal No. 3443.

COUNSEL

Elliot A. Strokoff, Handler and Gerber, P.C., for petitioner.

Mary Frances Grabowski, Assistant Counsel, for respondent.

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

Author: Rogers

[ 76 Pa. Commw. Page 249]

Jodi Salvati (petitioner) appeals here from an order of the State Civil Service Commission (Commission) upholding her suspension from the position of Income Maintenance Worker II with the Berks County Board of Assistance, Department of Public Welfare (DPW).

[ 76 Pa. Commw. Page 250]

The petitioner had been employed by the DPW since 1974. On April 1, 1981, she was arrested and arraigned on criminal charges relating to her possession and sale of controlled substances described in her brief as "a small quantity of marijuana for $100.00 and a small quantity of methamphetamine for $30.00." As a result, she was suspended from her employment on April 2, 1981, for a period not to exceed thirty work days.*fn1

Section 803 of the Civil Service Act (Act), Act of August 5, 1941, P.L. 752, 71 P.S. § 741.803, provides that an appointing authority may suspend an employee holding a position in the classified service, for disciplinary purposes, when there is "good cause." While the term "good cause" is not defined in the statute, Section 803 of the Act, 71 P.S. § 741.803, further provides that "[w]hat shall constitute good cause for suspension may be stated in the rules," and 4 Pa. Code § 101.21(a) provides that:

(a) Good cause for suspension shall be a just cause, such as:

(1) insubordination;

(2) habitual lateness in reporting for work;

(3) misconduct amounting to violation of law, rules or lawful and reasonable departmental orders;

(4) intoxication while on duty;

(5) scandalous or disgraceful conduct while on or off duty which may bring the service of the ...


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