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MICHELLE LONG v. COMMONWEALTH PENNSYLVANIA (01/19/88)

decided: January 19, 1988.

MICHELLE LONG, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, RESPONDENT. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, PETITIONER V. MICHELLE LONG, RESPONDENT



Appeals from the order of the State Civil Service Commission in case of Michelle Long v. Pennsylvania Liquor Control Board, No. 6223.

COUNSEL

Patrick M. McHugh, for petitioner.

Felix Thau, Deputy Chief Counsel, for respondent.

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

Author: Craig

[ 112 Pa. Commw. Page 573]

This case arises from the Pennsylvania Liquor Control Board's (LCB) discharge of Michelle Long from her position as an intermittent Liquor Store Clerk for misappropriation of Commonwealth funds. The State Civil Service Commission found that the LCB did not sustain its burden of proof on the charge of misappropriation, and ordered that Long be reinstated. The commission declined to award Long backpay, finding that her actions were job-related and negligent.

Long now appeals the commission's decision denying her backpay. The LCB has filed a cross-appeal, challenging both the commission's holding that the LCB was required to prove an intent element in order to discharge Long for misappropriation of funds, and the admission of character evidence at the commission hearing. After reviewing the arguments of both parties, we affirm the commission's decision.

The commission's decision was based upon the following findings of fact:

1. By letter dated December 3, 1985, appellant's verbal notice of suspension pending investigation,

[ 112 Pa. Commw. Page 574]

    from her position as Intermittent Liquor Store Clerk, regular status, was affirmed, effective 7:30 p.m., November 29, 1985. Comm. Ex. B-1.

2. By letter dated December 20, 1985, appellant was removed from her position as Intermittent Liquor Store Clerk, regular status, effective December 27, 1985, on the charge of misappropriation of Commonwealth funds. Comm. Ex. A.

3. Appellant's appeal was properly raised before this Commission and was heard under Section 951(a) of the ...


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