Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ROBERT L. GLOVER v. COMMONWEALTH PENNSYLVANIA (06/11/85)

decided: June 11, 1985.

ROBERT L. GLOVER, SR., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, NORRISTOWN STATE HOSPITAL, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Robert L. Glover v. Norristown State Hospital, Department of Public Walfare, Appeal No. 3741.

COUNSEL

H. David Spirt, for petitioner.

Andrew A. Coater, with him, Gary Goldman, for respondent, Department of Public Welfare.

Judges MacPhail, Doyle and Palladino, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 90 Pa. Commw. Page 59]

Robert L. Glover, Sr. (Petitioner) has filed this Petition for Review from a State Civil Service Commission (Commission) order which sustained the action of Norristown State Hospital, Department of Public Welfare (Appointing Authority) dismissing Petitioner from his position as a Police Officer I (Regular Civil Service Status). We affirm the Commission.

The record reflects the following facts. Upon receiving a complaint that Petitioner possessed Commonwealth property in his residence, the Pennsylvania State Police contacted the Appointing Authority and, on November 19, 1981, went to Petitioner's home to investigate. The State Police informed Petitioner of the reason for their search. Petitioner then signed a consent form. The State Police found a large quantity of items belonging to the Commonwealth.

[ 90 Pa. Commw. Page 60]

Petitioner cooperated by identifying which items were his and which items were "from the hospital".*fn1 The Commonwealth property was then removed from the premises.

On November 20, 1981, Petitioner was suspended from his position pending further identification of the property. Petitioner was subsequently suspended without pay, and on December 2, 1981, formally dismissed. Petitioner then appealed the dismissal to the Commission which, after hearing testimony, sustained the dismissal, finding that Appellant did not meet his burden of proving that his possession of Commonwealth property was proper. This appeal followed.

Petitioner presents two issues for our review.

Petitioner first contends that there was not substantial evidence to support the Commission's findings of fact. Petitioner's second issue concerns whether there was a proper entry into Petitioner's residence.

We must affirm the Commission's adjudication unless we find that constitutional rights were violated, an error of law was committed or necessary findings of fact were unsupported by substantial evidence. Lylo v. Department of Environmental Resources, 83 Pa. Commonwealth Ct. 101, 477 A.2d 897 (1984). "Substantial evidence needed to support a finding of the State Civil Commission is the relevant evidence that a reasonable mind, without weighing the evidence or substituting its judgment for that of the Commission, might accept as adequate to support the conclusion reached." Silvia v. Pennhurst Center, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.