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PETER P. PETRESKY v. COMMONWEALTH PENNSYLVANIA (01/27/84)

decided: January 27, 1984.

PETER P. PETRESKY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Peter P. Petresky v. Department of Labor and Industry, Appeal No. 3967.

COUNSEL

Daniel Stern, for petitioner.

Richard C. Lengler, Assistant Chief Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

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

Author: Macphail

[ 80 Pa. Commw. Page 39]

Peter P. Petresky (Petitioner) appeals from the order of the State Civil Service Commission (Commission) dated December 21, 1982, dismissing his appeal from his demotion in lieu of removal, and sustaining the actions of the Department of Labor and Industry (Department).

[ 80 Pa. Commw. Page 40]

The record shows that Petitioner was employed by the Department as an Administrative Officer III and Chief of the Buildings Division, Bureau of Occupational and Industrial Safety. The Commission found that Petitioner was responsible for implementing the Department's role under the Building Energy Conservation Act (Act 222).*fn1 Between July 1981, the effective date of Act 222, and March 1982, twenty buildings which were subject to the requirements of Act 222 were issued Certificates of Occupancy, although the buildings did not meet the requirements. The Certificates of Occupancy were issued through the Buildings Division.

After the Department discovered that the certificates had been improperly issued, Petitioner was required to attend a due process meeting on April 7, 1982. At that meeting Petitioner was offered, and refused, a chance to be demoted to a position as a Building Plans Examiner. After subsequent meetings with various Department personnel, Petitioner requested, and was granted, a demotion to a position as a Building Plans Examiner I in lieu of removal. Petitioner's salary was decreased; however, it remained above the normal salary for a Plans Examiner I.

The Commission also found that Petitioner's supervisory skills were weak, and that "[a]s the administrator primarily responsible for implementation of Act 222, [Petitioner] failed to properly inform subordinate employes of their duties in the implementation process." The Commission predicated its finding in regard to Petitioner's supervisory skills upon his 1980 and 1981 performance ratings and the testimony of Albert Groves, director of the Bureau

[ 80 Pa. Commw. Page 41]

    of Occupational and Industrial Safety, to whom Petitioner reported directly in his employment. Mr. Groves also testified that Petitioner was responsible for the administration of Act 222. This is substantial evidence to support the Commission's findings.*fn2 In any event, the specific problem was the issuance of certificates of occupancy to twenty buildings which were not in compliance with Act 222. The record shows that this did occur, and that Petitioner was the person responsible for the correct administration of Act 222. It was not necessary that the Department show independently that Petitioner's supervisory skills were weak; the problems with the administration of Act 222 were sufficient basis for the Department's actions in the instant case.*fn3

Petitioner avers that the Commission erred in refusing to enforce a subpoena duces tecum and in refusing to open the record on his motion following the administrative hearing. The Department provided Petitioner with a copy of his personnel file. At the hearing, counsel for the ...


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