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MELVIN JOHNSON v. DEPARTMENT GENERAL SERVICES (08/13/85)

decided: August 13, 1985.

MELVIN JOHNSON, PETITIONER
v.
DEPARTMENT OF GENERAL SERVICES, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Melvin Johnson v. Department of General Services, Appeal No. 4645.

COUNSEL

Gerald S. Robinson, Robinson and Geraldo, for petitioner.

Russel H. Albert, Assistant Counsel, with him, Gary F. Ankabrandt, Chief Procurement & Government Operations, and Anthony P. Krzywicki, Chief Counsel, for respondent.

Judges Doyle and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 91 Pa. Commw. Page 97]

This is an appeal by Melvin Johnson (petitioner) from an opinion and order of the Pennsylvania Civil Service Commission (Commission) sustaining the decision of the Department of General Services (Department), which reclassified petitioner from his Civil Services position as an Equal Opportunity Analyst (EODA) IV to an EODA III.

Petitioner had been employed as a Contract Compliance Officer in the Department since February 1, 1972. Beginning in 1982, and continuing into the early part of 1983, the Office of Administration (OA) initiated a survey of Equal Opportunity Development Specialist positions within the Commonwealth. As part of its survey, the OA conducted an audit of EODA

[ 91 Pa. Commw. Page 98]

    positions. This audit resulted in the OA determining that petitioner's position was more properly assigned to the EODA III classification rather than EODA IV.

Petitioner appealed this reallocation to the Commission alleging that it was actually an involuntary demotion and that said demotion was based on non-merit factors in violation of the Civil Service Act.*fn1 On April 26, 1984, the Commission dismissed petitioner's appeal. An appeal to this Court followed.

Our scope of review is limited to determining whether constitutional rights were violated, an error of law was committed, or whether findings of fact are supported by substantial evidence. Cunningham v. Civil Service Commission, 17 Pa. Commonwealth Ct. 375, 332 A.2d 839 (1975).

Petitioner argues that his change in status was not a downward reallocation, but a demotion. We affirm the Commission's determination ...


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