Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of Dr. Reginald R. Gold v. Philadelphia Commission on Human Relations, No. 2168 August Term, 1982.
Susan Shinkman, Chief Assistant City Solicitor, with her, Ralph J. Teti, Assistant City Solicitor, and Barbara W. Mather, City Solicitor, for appellant.
Bruce A. Franzel, Oxenburg & Franzel, for appellee.
Judges Doyle and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Doyle.
This is an appeal by the Philadelphia Commission on Human Relations (Commission) from an order of the Court of Common Pleas of Philadelphia County which reversed the determination of the Commission that Dr. Reginald R. Gold (Gold), appellee, had committed unlawful discrimination against a female employee in the form of sexual harassment and remanded the matter for new proceedings.
Gold was charged with violating Section 9-1103(A)(1) of the Philadelphia Code pertaining to unlawful discrimination in matters of employment. Subsequent to public hearings on March 4, 1982 and May 25, 1982 the Commission found that Gold had violated the
above noted Section and ordered payment of $3,583.00 to complainant. Gold appeals to the common pleas court which, upon its determination that "impermissible commingling of prosecutorial and adjudicatory functions" had occurred, reversed and remanded for new proceedings. With regard to the commingling the trial court expressed its opinion that because the Commission's legal advisor sat at the same table with the attorney who was prosecuting the case during the preliminary hearing stage of the proceedings and because both attorneys are members of the City Solicitor's office impermissible commingling had occurred. The court also stated:
[W]e emphasize that we do not question the honesty or integrity of anyone associated with this case. We merely hold that the appearance of impropriety on behalf of the City Solicitor's office mandates a fresh determination of the matter.
Because of its disposition of this issue the trial court remanded the case for entirely new proceedings and, hence, did not reach the merits of Gold's appeal. The Commission, however, has appealed from the trial court order and Gold has filed a motion to quash maintaining that that order is interlocutory. We will first consider the Gold motion.
We have repeatedly held that a court order remanding a matter to an administrative agency for additional hearings is interlocutory and not appealable. See, e.g., Municipality of Bethel Park Appeal, 51 Pa. Commonwealth Ct. 128, 414 A.2d 401 (1980); DePaul Realty Company v. Borough of Quakertown, 15 Pa. Commonwealth Ct. 16, 324 A.2d 832 (1974); Esterhai v. Zoning Board of Adjustment, 1 Pa. Commonwealth Ct. 361, 274 A.2d 556 (1971). But despite the ...