Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of James C. Putz v. Civil Service Commission, No. 4978 March Term, 1985.
Kenneth L. Smukler, Assistant City Solicitor, with him, Ralph J. Teti, for appellant.
Frank De Simone, for appellee.
President Judge Crumlish, Jr., Judge Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 103 Pa. Commw. Page 530]
James Putz was dismissed from the Philadelphia Police Department and the City Civil Service Commission (Commission) upheld his discharge. The Philadelphia County Common Pleas Court reversed the Commission's decision. The Commission appeals; we vacate the Common Pleas Court order and remand to the Commission.
The Police Department dismissed Putz for violating regulations, as follows:
1.75 -- Conduct Unbecoming An Officer :
On 8-8-81, at 3:53 A.M., you did violate Departmental Directive No. 10 when you fired your service revolver, grievously injuring Anthony Taylor, Age 22, N/M, 2037 W. Stella Street.
4.20 -- Neglect of Duty :
On 8-8-81 at 3:53 A.M., you did violate Procedural Directive No. 10, when you resorted to the use of deadly force without attempting/exhausting all reasonable means of apprehension on Anthony Taylor, Age 22, N/M, 2037 W. Stella Street.
[ 103 Pa. Commw. Page 531]
On 8-8-81 at 3:53 A.M., you failed to notify Police Radio that you had discharged your weapon resulting in injury to a citizen, Anthony ...