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DENNIS GUTH v. SOUTH WHITEHALL TOWNSHIP CIVIL SERVICE COMMISSION (07/03/85)

decided: July 3, 1985.

DENNIS GUTH, APPELLANT
v.
SOUTH WHITEHALL TOWNSHIP CIVIL SERVICE COMMISSION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Dennis Guth v. South Whitehall Township Civil Service Commission, No. 83-C-3020.

COUNSEL

Aaron M. Matte, for appellant.

Jack I. Kaufman, for appellee.

Judges Rogers, Barry and Palladino, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 90 Pa. Commw. Page 333]

Dennis Guth, a township police officer, has appealed from an order of the Court of Common Pleas of Lehigh County granting a motion to quash as untimely filed his appeal from an order of the township Civil Service Commission (commission).

The township chief of police suspended the appellant for three days without pay for conduct unbecoming a police officer, and the commission after hearing upheld the police chief's action. The commission's order was entered on August 17, 1983. The appellant filed his appeal to the court of common pleas on October 14, 1983, the fifty-seventh day after the commission's order was entered. The court of common pleas, as mentioned, granted the commission's motion to quash the appeal.

The appellant says his appeal was timely filed pursuant to Section 1108 of the commission's Rules and Regulations which provides as follows:

Section 1108. Appeal In the event the Commission sustains the charges and orders the suspension, removal or reduction in rank, the person so suspended, removed or reduced in rank shall have immediate right of appeal to the Court of Common Pleas in Lehigh County, such appeal to be taken by petition to said Court within sixty (60) days from the date of entry by the Commission of its final order. . . .

Section 645 of the applicable First Class Township Code, Act of June 24, 1931, P.L. 1206, as amended, 53 P.S. § 55645, provides:

In the event the commission shall sustain the charges and order the suspension, removal or reduction in rank, the person suspended, removed or reduced in rank shall have immediate right of appeal to the court of common pleas

[ 90 Pa. Commw. Page 334]

    of the county. . . . Such appeal shall be taken within sixty days from the date of entry by the Commission of its ...


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