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CHARLES J. MCGEE v. BUCKS COUNTY HOUSING AUTHORITY (10/01/87)

decided: October 1, 1987.

CHARLES J. MCGEE, PETITIONER
v.
BUCKS COUNTY HOUSING AUTHORITY, RESPONDENT. BUCKS COUNTY HOUSING AUTHORITY, PETITIONER V. CHARLES J. MCGEE, RESPONDENT. BUCKS COUNTY HOUSING AUTHORITY, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeals from the Order of the State Civil Service Commission, in case of Charles J. McGee v. Bucks County Housing Authority Appeal No. 5504 and Appeal No. 1489 C.D. 1985 from the Order of the Unemployment Compensation Board of Review, in case of In Re: Claim of Charles J. McGee, No. B-240188.

COUNSEL

Gerald S. Robinson, Robinson and Geraldo, for petitioner/respondent, Charles J. McGee.

Stephen B. Harris, Harris & Harris, with him, Gary L. Sturn, for petitioner/respondent, Bucks County Housing Authority.

Samuel H. Lewis, Associate Counsel, with him, Clifford F. Blaze, Chief Counsel, for respondent, Unemployment Compensation Board of Review.

Judges Colins and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino. Judge Colins dissents in No. 567 C.d. 1986 and No. 1489 C.d. 1985.

Author: Palladino

[ 110 Pa. Commw. Page 11]

This case involves cross-appeals by the Bucks County Housing Authority (Housing Authority) and Charles

[ 110 Pa. Commw. Page 12]

J. McGee from an order of the Pennsylvania State Civil Service Commission (Commission). The Commission sustained the Housing Authority's action in the removal of McGee from his position as Executive Director 3, regular status, as for just cause. However, the Commission reversed the Housing Authority's determination that McGee falsified his employment application.

This case also involves an appeal by the Housing Authority from a decision of the Unemployment Compensation Board of Review (Board) affirming a referee's decision to grant benefits to McGee.*fn1 The referee concluded that McGee's separation from employment was not the result of willful misconduct connected with his employment. We will review each issue in order.

Facts

On December 9, 1982, McGee submitted an employment application for the position of Executive Director with the Housing Authority. Under "Experience," McGee stated that from January, 1961 until the date of the application, he was the "Owner-Manager" of his own real estate firm. McGee attached a form describing his specific duties as follows:

     a. Management : Single-family homes and apartment buildings (including Section 8), office buildings and garages. Managed up to 500 units at a given time.

     b. Supervision : Staff of up to 30, including receptionist, secretaries, bookeepers [sic], and sales personnel.

     c. Rehabilitation : Acquired and completely rehabilitated approximately 100 homes for resale.

[ 110 Pa. Commw. Page 13]

    d. Construction : . . . Designed townhouses, secured financing, supervised construction and handled sales.

McGee was hired as Executive Director by the Housing Authority on August 17, 1983. After serving a six month probationary period, McGee was made a regular status employee. Thereafter, the parties entered into an employment contract for a term of one year, effective August 1, 1984.

On December 18, 1984, McGee was removed from his position as Executive Director 3 of the Housing Authority pursuant to a Notice of Removal citing seventeen areas in which the Housing Authority alleged that his performance was deficient.*fn2 McGee appealed his

[ 110 Pa. Commw. Page 14]

    dismissal to the Commission. Thereafter, by letter dated April 2, 1985, the Housing Authority added an additional ground for dismissal -- falsification of Civil Service application for employment.

The Commission bifurcated the proceedings, holding hearings on May 2 and 3, June 6, and August 1, 1985 as to whether just cause for removal from employment existed. Hearings on the Falsification of Employment Application issue were held on May 2 and 3, ...


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