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KATHERINE A. KEIM v. COMMONWEALTH PENNSYLVANIA (07/05/88)

decided: July 5, 1988.

KATHERINE A. KEIM, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF HEALTH, RESPONDENT



Appeals in the case of Katherine A. Keim v. Department of Health, Appeals Nos. 7190 and 7203, dated February 12, 1987.

COUNSEL

Frank P. Clark, with him, Steven A. Stine and Michael I. Levin, Cleckner and Fearen, for petitioner.

Stephen D. Tompkins, Assistant Counsel, with him, Barbara G. Raup, Chief Counsel, for respondent.

Judges Doyle, Palladino and Smith, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 117 Pa. Commw. Page 454]

Katherine A. Keim (Appellant) petitions for review of two separate orders of the State Civil Service Commission (Commission) summarily dismissing her appeals under Section 951(b) of the Civil Service Act (Act)*fn1 on the ground that "[A]ppellant has not indicated acts which, if proven, would constitute discrimination, although requested to do so on the Appeal Request Form."

Appellant was employed by the Pennsylvania Department of Health (Department) at the Bellefonte State Health Center as a Community Health Nurse I. On October 27, 1986, Appellant applied for three separate positions within the Department: Epidemiology Investigator II (Investigator), Public Health Program Administrator II (Administrator), and Public Health Educator I (Educator). The job posting for the Administrator position read in relevant part:

4. . . . Applicants must,

     b. Have regular Civil Service status of 10/29/86 in job title(s): Public Health Program Administrator I, Community Health Nurse Supervisor and Administrator, Public Health Educator 1[.] Employes who occupy other qualifying lower level Civil Service classes may apply and a determination will be made as to whether a logical

[ 117 Pa. Commw. Page 455]

    occupational, functional, or career developmental relationship exists with the posted position, and/or whether there is a clear linkage between most of the required knowledges [sic], skills and abilities with those needed for the the [sic] posted position.

The job requirements for the Investigator position were the same as the requirements for the Administrator position except that the specifically enumerated positions which would qualify an applicant for that position were "Epi Investigator 1; Public Health Program Rep 2 & 3; Public Health Program Administrator 1; Community Health Nurse Supervisor."

The Educator position had a requirement that all applicants meet minimum educational requirements as follows:

Two years as health educator, or such training as many have been gained through graduation from a four-year college or university with major course work in natural sciences, social sciences or education; supplemented by graduate courses in public health education to the level of a masters degree.

It is immediately apparent, therefore, that Appellant did not presently hold a position that qualified her, by classification, for any of the three positions applied for.

On November 25, 1986, Appellant was found ineligible for the Investigator position. The basis for this finding was given in the memorandum of the Department's Chief of Recruitment and Placement, Evelyn Hunt to Appellant, which stated:

In accordance with Management Directive 580.19, entitled Promotion in the Classified Service Without Examination, 'the employee selected for promotion must have had regular status in ...


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