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WILLIAM K. PANNACCI v. COMMONWEALTH PENNSYLVANIA (10/30/86)

decided: October 30, 1986.

WILLIAM K. PANNACCI, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE CIVIL SERVICE COMMISSION, RESPONDENT



Appeals from the Orders of the State Civil Service Commission in the case of William K. Pannacci v. Clarks Summit State Hospital, Department of Public Welfare, Appeal No. 5714, dated April 26, 1985 and September 27, 1985.

COUNSEL

Michael I. Levin, with him, Richard C. Lengler, Cleckner and Fearen, for petitioner.

Barbara G. Raup, Chief Counsel, for respondent.

Judges Craig and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 101 Pa. Commw. Page 603]

This is an appeal by William K. Pannacci from an order of the State Civil Service Commission (Commission) denying his request for a hearing on his non-selection for promotion and from a subsequent order wherein the Commission reaffirmed its first order. A detailed explanation of correspondence between Pannacci and the Commission is necessary for a thorough understanding of the issues.

Pannacci, a Pharmacist I, regular status, employed by the Clarks Summit State Hospital, Department of Public Welfare (Appointing Authority) sought promotion to the position of Chief Pharmacist at the hospital. The availability of the position was announced via a posted notice dated January 9, 1985. The notice, in addition to describing the criteria for the job, contained the following general statement:

Options available to fill the position include Civil Service lists, transfers, demotions, reinstatements, reassignments and promotion without examination.

In addition, under a section of the notice entitled How To Apply, interested and qualified applicants were directed to submit certain information "under the 501 Promotion Without Examination Criteria." The posted

[ 101 Pa. Commw. Page 604]

    notice contained no instructions indicating any other method for application for this position. Thus, the notice did not specifically advise applicants to take a Civil Service examination or that taking such an examination would be a necessary prerequisite to being selected for the position. Consequently, Pannacci did not take a civil service examination. By letter dated March 8, 1985 Pannacci was advised that the position to which he sought promotion was "being filled by promotion with examination and is being granted to another applicant." (Emphasis added.)

Pannacci timely appealed his non-selection for the promotion, alleging discrimination.*fn1 In his appeal form, however, he failed to state the specific reasons for his allegation of discrimination despite clear directions on the form that such failure could result in denial of an appeal. See also 4 Pa. Code 105.12(b) and (c) (stating the facts which should appear on an appeal request form where there is an allegation of discrimination).

Concomitant with his appeal from non-selection, Pannacci was also in contact with the Executive Director of the State Civil Service Commission requesting that that individual authorize an investigation of certain activities at the hospital. The activities which were the subject of this request pertained to the selection process for the Chief Pharmacist position as well as other discriminatory treatment allegedly perpetrated against Pannacci because of his utilization of the employee grievance process on numerous ...


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