Appeal from the Order of the State Civil Service Commission in the case of Dennis O. Caldwell v. Clearfield County Children and Youth Services, Appeal Nos. 3567 and 3632.
Cynthia Soult, Belin, Belin & Naddeo, for petitioner.
Alex E. Echard, for respondent.
Judges Craig, Doyle and Palladino, sitting as a panel of three. Opinion by Judge Doyle.
This is an appeal by Dennis O. Caldwell from an order of the State Civil Service Commission (Commission) which dismissed his appeal and sustained his removal from the position of Casework Supervisor II,
regular status, by the Clearfield County Children and Youth Services.
Caldwell was removed from his position with the Clearfield County Children and Youth Services by letter dated July 21, 1981. Caldwell appealed his removal and, by order dated September 24, 1981, the Commission ordered him reinstated with back pay, finding that he had not been afforded proper notice under Section 950 of the Civil Service Act.*fn1 By letter dated September 30, 1981, Caldwell was again removed from his position and appealed.*fn2 On January 7, 1982, a hearing was held before Mary D. Barnes, Chairman of the Commission. Commissioners Barnett and Bryan were not present at the hearing. By order dated July 29, 1982, the Commission, by agreement of a majority of its three members, dismissed Caldwell's appeal, finding that the appointing authority had sustained its burden to show just cause for Caldwell's dismissal.*fn3 Chairman Barnes dissented, indicating that she found Caldwell's testimony to be credible.
Before this Court, Caldwell argues that his rights to due process were violated in that the two commissioners
who rendered the majority opinion were not present at the hearing.
We have held that due process does not require that all the commissioners rendering a decision be present at the hearing; all that is required is that those not present review and consider the record before an adjudication is issued. Fleming v. State Civil Service Commission, 13 Pa. Commonwealth Ct. 421, 319 A.2d 185 (1974); Siegel v. Civil Service Commission, 9 Pa. Commonwealth Ct. 256, 305 A.2d 736 (1973); see also, State Board of Funeral Directors v. Cieslak, 24 Pa. Commonwealth Ct. 315, 355 A.2d 590 (1976); General State Authority v. Loffredo, 16 Pa. Commonwealth Ct. 237, 328 A.2d 886 (1974). The Commission's ...