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

decided: May 30, 1984.

CLARENCE SCHMIDT, APPELLANT
v.
BOROUGH OF BALDWIN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Clarence Schmidt v. Borough of Baldwin, No. SA 605 of 1982.

COUNSEL

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

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

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

Author: Palladino

[ 82 Pa. Commw. Page 581]

Clarence Schmidt, Appellant, appeals from a decision of the Court of Common Pleas of Allegheny County which affirmed the decision of the Civil Service Commission of the Borough of Baldwin (Commission).

Schmidt, a twenty-eight year veteran of Baldwin Borough's police force, was suspended by the Mayor of Baldwin pursuant to Section 1124 of the Borough Code (Code).*fn1 Of the violations listed in Section 1190*fn2 of the Code the Mayor selected the following which he set forth in his suspension letter:

(2) Neglect or violation of any official duty.

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

(4) Inefficiency, neglect, intemperance, immorality, disobedience of orders, or conduct unbecoming an officer.

(5) Intoxication while on duty.

The Borough Council discharged Appellant at its next meeting following the ...


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