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JAMES F. KAZMAREK v. NEW BETHLEHEM BOROUGH COUNCIL (07/13/84)

decided: July 13, 1984.

JAMES F. KAZMAREK, APPELLANT
v.
NEW BETHLEHEM BOROUGH COUNCIL, APPELLEE



Appeal from the Order of the Court of Common Pleas of Clarion County in case of James F. Kazmarek v. New Bethlehem Borough Council, No. 1039 of 1982.

COUNSEL

P. Richard Wagner, Mancke, Lightman & Wagner, for appellant.

Chester H. Byerly, for appellee.

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

Author: Barry

[ 84 Pa. Commw. Page 20]

This appeal arises from an order of the Court of Common Pleas of Clarion County which sustained the dismissal of James F. Kazmarek (appellant), Chief of

[ 84 Pa. Commw. Page 21]

Police of New Bethlehem Borough, by the New Bethlehem Borough Council (Borough Council), for conduct unbecoming an officer.

The appellant was employed as Chief of Police for New Bethlehem Borough for about four years and eight months. On August 16, 1982, he was suspended by the Mayor of the Borough and charged with conduct unbecoming an officer, conduct in violation of official duty and intemperate conduct. After he received notice of the charges appellant filed an answer which denied all allegations and requested a public hearing.

On September 2, 1982, and September 14, 1982, public hearings were conducted. On November 18, 1982, Borough Council removed appellant from his position as chief of police when it sustained the charge of conduct unbecoming an officer.*fn1 The Borough Council dismissed the charges of violation of official duty and intemperate conduct.

Appellant appealed this decision to the Court of Common Pleas of Clarion County. The trial court sustained the decision of the Borough Council. This appeal followed.

The dismissal of appellant stems from alleged improper remarks and solicitations made to various female members of the community. Appellant allegedly made improper advances to Miss Sherry Cumberland when he offered her gifts and promised repairs to her automobile. In return he allegedly asked three times to visit her at her apartment. Offended by these offers ...


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