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CHARLES H. JOST v. PHOENIXVILLE AREA SCHOOL DISTRICT (09/16/88)

decided: September 16, 1988.

CHARLES H. JOST, APPELLANT
v.
PHOENIXVILLE AREA SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Chester County in the case of Charles H. Jost v. Phoenixville Area School District, No. 233 P 1977.

COUNSEL

John D. Killian, Killian & Gephart, for appellant.

Elliott D. Goldberg, Goldberg & Ramsay, P.C., for appellee.

Judge MacPhail, and Senior Judges Barbieri and Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish.

Author: Kalish

[ 119 Pa. Commw. Page 478]

Charles H. Jost (Appellant) appeals from an order of the Court of Common Pleas of Chester County (trial court) affirming a decision of the Phoenixville Area

[ 119 Pa. Commw. Page 479]

School Board (Board) terminating Appellant's employment with the Phoenixville Area School District (District). We affirm.

Appellant was hired by the East Pikeland School District in 1958. In 1966, East Pikeland and two other school districts were incorporated into the District. Appellant's employment continued with the District; he was assigned as principal of the East Pikeland Elementary School. Appellant held this position until January 1970 when he was assigned to the position of administrative assistant to the superintendent.*fn1 Appellant held this position until June 30, 1977 when the Board, because of a substantial decrease in student enrollment and severe financial problems, abolished the position and terminated Appellant's employment.

Appellant was informed of the impending abolition of the position and his termination by letter dated April 18, 1977. Appellant requested a Board hearing, contending that his employment with the District could not be terminated because he was a professional employee entitled to the protection of the Public School Code of 1949 (School Code).*fn2 Appellant did not dispute that the position of administrative assistant to the superintendent was a nonprofessional position and that an employee in that position was not entitled to the protections of the School Code but argued that he had been illegally demoted when he had been permanently

[ 119 Pa. Commw. Page 480]

    reassigned to this position in 1970 and therefore he was still a professional employee. A hearing was held July 13, 1977 and the Board issued its decision on September 15, 1977. The Board determined that Appellant had consented to his transfer to the nonprofessional position and was properly terminated.

Appellant filed a timely appeal of the Board's decision with the trial court but sought an extension of time for action on the appeal pending resolution of related litigation, instituted by Appellant in 1972 (1972 Action), which Appellant felt might resolve the issues in the appeal. ...


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