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BOROUGH BALDWIN v. CLARENCE SCHMIDT (05/30/84)

decided: May 30, 1984.

BOROUGH OF BALDWIN, APPELLANT
v.
CLARENCE SCHMIDT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Borough of Baldwin v. Clarence Schmidt, No. SA 625 of 1982.

COUNSEL

John R. Luke, Luke & Anthony, for appellant.

Robert J. Donahoe, with him, William F. Manifesto, Manifesto & Doherty, P.C., for appellee.

Judges Craig, Barry and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 82 Pa. Commw. Page 588]

In this appeal the Borough of Baldwin (Borough) seeks review of the decision of the Civil Service Commission (Commission) of the Borough of Baldwin with regard to the sanction imposed upon Clarence Schmidt (cross-appellee). More specifically, the Borough would have this Court vacate the one year suspension ordered by the Commission and mandate the permanent dismissal of the cross-appellee from the Baldwin Police Force.

The factual and procedural histories of this case are contained in the companion case of Clarence Schmidt v. Borough of Baldwin, 82 Pa. Commonwealth Ct. 580, 477 A.2d 572 (1984).

The Borough concedes, as indeed it must, that the Commission has the power to amend or modify the decision of the governing body of a borough or township. Extensive citation of authority for this proposition is not necessary.*fn1

Rather, the Borough contends that the Commission made its determination without giving full consideration to all of the evidence as well as misinterpreting the evidence and the conclusions which should have been drawn therefrom.

The charges leveled by the Borough Council were as follows:

(2) Neglect or violation of any official duty.

(3) Violation of any law which provided that such violation constitutes a ...


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