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MUNICIPALITY PENN HILLS CIVIL SERVICE COMMISSION v. ROBERT A. ALEXANDER (01/26/84)

decided: January 26, 1984.

MUNICIPALITY OF PENN HILLS CIVIL SERVICE COMMISSION, APPELLANT
v.
ROBERT A. ALEXANDER, ROBERT MACK, JOHN DERIGGI AND FRANK MEYERS, APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Robert A. Alexander, Robert Mack, John DeRiggi, Frank Meyers v. The Municipality of Penn Hills Civil Service Commission, No. SA 849-81, and in case of Jack McCrory v. The Municipality of Penn Hills Civil Service Commission, No. SA 860 of 1981, dated July 27, 1982.

COUNSEL

Alfred C. Maiello, for appellant.

Bruce E. Dice, Zimmer & Dice, for appellee, Robert Mack.

James D. Zimmer, Zimmer & Dice, for appellee, Jack McCrory.

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

Author: Blatt

[ 80 Pa. Commw. Page 24]

This case comes here on appeal from an order of the Court of Common Pleas of Allegheny County which reversed the order of the Municipality of Penn Hills Civil Service Commission (Commission) and ordered instead that Commission's eligibility list for police lieutenant and sergeant be voided and that the promotions of two individuals to the rank of sergeant be rescinded.

[ 80 Pa. Commw. Page 25]

In April of 1981, the Commission decided to promote four police officers to lieutenant and three police officers to sergeant and advertised for qualified applicants. It then administered written and oral examinations and then published a notice to applicants to submit their personnel files. Finally, it prepared eligibility lists, certified the top four names from the sergeant list, and promoted to sergeant the two highest scoring applicants. Thereafter, Robert A. Alexander, Robert Mack, John DeRiggi, and Frank Meyers (appellees) filed an appeal to the common pleas court, claiming that the performance evaluation section of the examination was in violation of both the Rules and Regulations of the Commission and in violation of Section 630 of the First Class Township Code*fn1 because the Commission failed to print and distribute the precise method which it utilized to allocate a possible thirty points that an applicant could receive pursuant to Section 602(c) of the Rules and Regulations. The court below remanded the case to the Commission for a full hearing. At this time, Jack McCrory (another appellee) requested a hearing before the Commission regarding the same issue. The Commission denied all claims and appeals were then taken to the court, which consolidated McCrory's appeal with the others, and reversed the Commission. The instant appeal ensued.

Our standard of review is limited to determining whether or not constitutional rights were violated, an error of law was committed, or necessary findings of fact are unsupported by substantial evidence. Brown v. Department of Transportation, 34 Pa. Commonwealth Ct. 461, 383 A.2d 978 (1978).

Section 635 of the Code*fn2 provides, in pertinent part, as follows:

[ 80 Pa. Commw. Page 26]

The commission shall make rules and regulations to be approved as provided in section 630 hereof, providing for the examination of applicants for positions in the police force and as paid operators of fire apparatus and for promotions, which rules and regulations shall prescribe the ...


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