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LOUIS KOVARIK v. BOROUGH EAST PITTSBURGH. EMANUEL P. CALLAS (12/18/84)

decided: December 18, 1984.

LOUIS KOVARIK
v.
BOROUGH OF EAST PITTSBURGH. EMANUEL P. CALLAS, MAYOR, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Louis Kovarik v. Borough of East Pittsburgh, No. SA 570 of 1982.

COUNSEL

Leo Kostman, for appellant.

Ronald P. Koerner, Gatz, Cohen, Segal & Koerner, for appellee.

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

Author: Craig

[ 86 Pa. Commw. Page 454]

Emanuel P. Callas, the mayor of the Borough of East Pittsburgh, appeals an order of the Court of Common Pleas of Allegheny County upholding a decision of the borough's civil service commission which reversed the suspension of Police Chief Louis Kovarik.

[ 86 Pa. Commw. Page 455]

We must determine*fn1 whether, as the commission and common pleas court concluded, the mayor's notice of charges against Kovarik was so deficient as to require reversal and entitle the chief to backpay for the ten-day suspension.

Underlying Kovarik's suspension was an incident on March 30, 1982, when the chief allegedly countermanded an order issued by the mayor prohibiting any police officers from "walking the beat" in the borough. The mayor sent a letter to the chief, dated March 31, 1982, which provided as follows:

Chief Louis Kovarik,

You are hereby suspended under the provisions of the borough code of Pennsylvania, section 1190, paragraph (4) disobedience of orders and conduct unbecoming an officer.

Also, under the provisions of the borough code, the mayor has the right to suspend for 10 days, and the borough council members cannot reinstate for that 10 day period but can reinstate for any time exceeding that 10 day period. You do have the right to ask for a civil service hearing. Your ...


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