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HENRY LOWE v. COMMONWEALTH PENNSYLVANIA (08/10/83)

decided: August 10, 1983.

HENRY LOWE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, RESPONDENT



Appeal from the Order of the State Civil Service Commission in case of Henry Lowe v. State Civil Service Commission, Appeal No. 3577.

COUNSEL

Terry L. Fromson, for petitioner.

Barbara G. Raup, Chief Counsel, for respondent.

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

Author: Craig

[ 76 Pa. Commw. Page 268]

This appeal, from the State Civil Service Commission's affirmance of the dismissal of Henry Lowe as a clothing room attendant at the Norristown State Hospital, involves the question of falsification on a civil service application, a violation of § 902 of the Civil Service Act, Act of August 5, 1941, P.L. 752, 71 P.S. § 741.902.*fn1

After Lowe had worked on probationary status, the hospital discharged him because he had failed to disclose four of his five criminal convictions on his civil service employment application.*fn2

Upon Lowe's appeal pursuant to § 951(b) of the Civil Service Act, 71 P.S. § 741.951(b),*fn3 contending that his removal was discriminatorily based on a non-merit factor, the commission with one member dissenting, concluded that the hospital had not discriminated against him.

Lowe also argues here that the record does not contain substantial evidence to support the commission's finding that he falsified his application. Lowe additionally contends that removing him from his job because of his conviction record violates Article 1,

[ 76 Pa. Commw. Page 269]

§ 1 of the Pennsylvania Constitution and the public policy of rehabilitation of ex-offenders.

Following our scope of review for civil service cases,*fn4 we must reject Lowe's arguments and affirm.

First, substantial evidence supports the finding of falsification. The question on the application was straightforward. It inquired whether the applicant had ever been convicted of a criminal offense and went on to define exactly which offenses the applicant should include; it did not exclude ...


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