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STEVEN MONDEVERGINE v. CIVIL SERVICE COMMISSION (08/13/87)

decided: August 13, 1987.

STEVEN MONDEVERGINE, APPELLANT
v.
CIVIL SERVICE COMMISSION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Steven Mondevergine v. Civil Service Commission, No. 3461, July Term, 1984.

COUNSEL

F. Emmett Fitzpatrick, for appellant.

John P. Straub, Deputy City Solicitor, for appellee.

Judge Colins, and Senior Judges Barbieri and Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 108 Pa. Commw. Page 434]

This is an appeal from an order of the Court of Common Pleas of Philadelphia, Honorable Alfred J. DiBona,

[ 108 Pa. Commw. Page 435]

    which affirmed an order of the Philadelphia Civil Service Commission (Commission) dismissing Steven Mondevergine (Appellant) from the Philadelphia Police Department, Southwest Division. We affirm.

On September 16, 1982, Appellant, who was a member of the Southwest Police Division's Vice Section, arrested Tyrone Rowland (Rowland) for participating in an illegal numbers operation. It is this arrest which constituted the basis of Appellant's discharge from the Police Department. Rowland had previously contacted the Internal Affairs Division (IAD) of the Philadelphia Police Department and informed them that he was requested by the proprietor of an illegal numbers operation, Vincent Garrett (Garrett), to "take another fall".*fn1 Rowland had previously been involved in "taking a fall" for false arrest in August 1982.

Appellant was discharged from the Southwest Police Division, Vice Section for (1) conduct unbecoming an officer involving the acceptance of bribes or gratuities for permitting illegal acts, and knowingly and willfully making a false entry in a departmental record or report and (2) neglect of duty involving the failure to take appropriate action concerning illegal activity and indicating little regard for responsibility as a member of the Philadelphia Police Department.

[ 108 Pa. Commw. Page 436]

The Commission, after six days of hearings, affirmed Appellant's dismissal from the police force. On February 24, 1984, Appellant requested a rehearing. On March 7, 1984, the Commission granted a rehearing, but limited the scope of the rehearing to sufficiency of evidence relied upon by the Commission. On April 4, 1984, a rehearing was held and on June 20, 1984, the Commission affirmed its prior order. Appellant subsequently filed a timely appeal with the Court of Common Pleas of Philadelphia and the Court of Common Pleas affirmed the decision of the Commission. Hence, this appeal.

We must affirm the adjudication of the Commission unless (1) constitutional rights have been violated, (2) there is non-compliance with provisions of the Local Agency Law in the proceeding before the Commission, (3) an error of law has been committed, or (4) the findings of the Commission are not supported by substantial evidence. ...


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