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CIVIL SERVICE COMMISSION BOROUGH JIM THORPE v. KENNETH P. KUHN (09/05/84)

decided: September 5, 1984.

CIVIL SERVICE COMMISSION OF THE BOROUGH OF JIM THORPE, APPELLANT
v.
KENNETH P. KUHN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Carbon County in case of Kenneth P. Kuhn v. Civil Service Commission of the Borough of Jim Thorpe, No. 82 S 530.

COUNSEL

Roger N. Nanovic, II, with him, William B. Quinn, for appellant.

Arnold Sousa, for appellee.

Judges Craig, Doyle and Blatt, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 85 Pa. Commw. Page 86]

Before this Court is an appeal by the Borough of Jim Thorpe (Borough) and its Civil Service Commission (Commission) from a decision and order of the Court of Common Pleas of Carbon County reversing a decision to discharge police officer Kenneth P. Kuhn (Appellee) from employment with the Borough. We affirm.

Following a sequence of events not relevant to the current inquiry, Appellee was charged by his superiors

[ 85 Pa. Commw. Page 87]

    with violating Borough police department regulations in that he did not personally answer a call received; he referred the call to another officer who was engaged in making an arrest at the time, and he failed to backup the other officer despite the call involving a report of a person with a firearm. Inasmuch as Appellee possessed an extensive record of prior violations of departmental regulations, the matter was referred to the Borough Council for further action. At a meeting held on September 28, 1982, the Council unanimously resolved*fn1

     that the charges against Officer Kenneth Kuhn, be turned over for review, and any recommendation of action, to the Civil Service Commission Board, and that until such recommendation has has [sic] been reached by them, Officer Kenneth Kuhn be suspended from Police Duty, without pay, effective as of midnight tonight.

In a subsequent letter to the Commission, the Borough Council recommended that Appellee be discharged.

The Commission conducted a full hearing on the matter on October 28, 1982. The Borough presented several witnesses and Appellee, who was represented by counsel, testified on his own behalf. Following the hearing, a decision was issued by the Commission concluding that Appellee was guilty of disobedience, neglect of duty and conduct unbecoming a public officer. The accompanying order reads:

NOW, the 17th day of November, 1982, the Appeal of KENNETH P. KUHN is DENIED. The action of the Council of the Borough of Jim ...


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