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APPEAL OFFICER KEITH N. JORDAN FROM ORDER LOWER MERION TOWNSHIP CIVIL SERVICE COMMISSION. KEITH N. JORDAN (09/15/86)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 15, 1986.

IN RE: APPEAL OF OFFICER KEITH N. JORDAN FROM THE ORDER OF THE LOWER MERION TOWNSHIP CIVIL SERVICE COMMISSION. KEITH N. JORDAN, APPELLANT

Appeal from the Order of the Court of Common Pleas of Montgomery County in the case of In Re: Appeal of Officer Keith N. Jordan from the Order of the Lower Merion Township Civil Service Commission, No. 83-02708.

COUNSEL

J. Scott O'Keefe, O'Keefe & Bruno, P.C., for appellant.

Gilbert P. High, Jr., High, Swartz, Roberts & Seidel, for appellee.

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

Author: Doyle

[ 100 Pa. Commw. Page 507]

This is an appeal by Keith N. Jordan from an order of the Court of Common Pleas of Montgomery County which upheld the order of the Civil Service Commission of Lower Merion Township (Commission) which sustained Jordan's thirty day suspension from his position as an officer with the Lower Merion Township Police Department (Department). On appeal Jordan alleges the same errors as he did before the trial court. Because we find that the trial court, which decided the case on the record made before the Commission, disposed of those issues in a well-reasoned and thorough analysis we affirm on the opinion of the Honorable Anita B. Brody published at 39 Pa. D. & C. 3rd 632 (1985). Judge Brody held, in summary, that due process does not require a full blown hearing prior to the implementation of a suspension;*fn1 that Pa. R.C.P. No. 4001, pertaining to discovery, is inapplicable to the Commission; that Jordan was not prejudiced by the Commission's refusal to bifurcate his hearing or by the introduction of Jordan's prior disciplinary record; and that the Commission did not err in concluding that the Department had followed its own rules and regulations and in further concluding that the suspension was premised upon a valid legal basis and was justified.

Order

Now, September 15, 1986, the order of the Court of Common Pleas of Montgomery County in the above captioned matter is hereby affirmed.

Disposition

Affirmed.


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