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PAUL R. TOLAND v. STATE CORRECTIONAL INSTITUTION AT GRATERFORD (03/18/86)

decided: March 18, 1986.

PAUL R. TOLAND, PETITIONER
v.
STATE CORRECTIONAL INSTITUTION AT GRATERFORD, BUREAU OF CORRECTION, RESPONDENT



Appeal from the Order of the State Civil Service Commission in the case of Paul R. Toland v. State Correctional Institution at Graterford, Appeal No. 4712.

COUNSEL

Luke F. McLaughlin, III, Reynolds, McLaughlin, Josel & Reynolds, for petitioner.

David B. Farney, Assistant Counsel, for respondent.

Judges Rogers and MacPhail, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 95 Pa. Commw. Page 635]

Paul R. Toland (Petitioner) appeals here an order of the State Civil Service Commission (Commission) which dismissed his appeal of a five-day suspension by the Bureau of Correction (Bureau) from his position as Correction Officer I at the State Correctional Institution at Graterford.*fn1 We affirm the Commission's order.

[ 95 Pa. Commw. Page 636]

The Commission made the following pertinent findings of fact:

1. By letter dated August 9, 1983, [Petitioner] . . . was suspended for five days from his position as Corrections Officer I, regular status, effective August 18, 1983, on a charge of refusing to obey a direct order.

3. In order for the appointing authority [(Bureau)] to gain accreditation, it must train all its personnel in the implementation of a written emergency plan.

4. To comply with this requirement, the appointing authority conducted training sessions for the purpose of familiarizing staff with the general information contained in the appointing authority's emergency plan.

[ 95 Pa. Commw. Page 6375]

. The supervisors of the training sessions were required to furnish proof that the appointing authority's ...


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