Submitted: December 28, 2012
BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, MARY HANNAH LEAVITT, Judge, ANNE E. COVEY, Judge.
MARY HANNAH LEAVITT, Judge.
Paul Mansfield, pro se, petitions this Court for review of an order of the State Civil Service Commission removing Mansfield's name from the civil service eligibility lists for positions at the Pennsylvania Department of Labor and Industry. The removal was for a period of one year for two positions, and three years for a third position. Mansfield assigns multiple errors to the Commission's removal decision. Because the Commission's determination is beyond judicial review, we quash Mansfield's petition for review.
On January 29, 2009, Mansfield began working for the Department of Labor and Industry as an intermittent intake interviewer at the Philadelphia Unemployment Compensation Service Center for a three-month probationary period. On April 20, 2009, the Department suspended Mansfield, and on April 28, 2009, the Department informed Mansfield that it was terminating his employment for lack of satisfaction with his job performance. Specifically, Mansfield had demonstrated a lack of respect in his dealings with his supervisors; had accessed his own unemployment compensation information; and had improperly removed sign-in sheets and client determination records from the office.
Mansfield applied for unemployment compensation benefits and the Department opposed his application. The Department also requested that Mansfield's name be removed from the Civil Service Commission's eligibility lists for positions with the Department of Labor and Industry. The Commission granted the request and removed Mansfield from the eligibility list for intermittent intake interviewer for a period of one year retroactive to August 17, 2009, and from the eligibility list for referee for a period of three years retroactive to November 12, 2009.
On July 15, 2011, the Unemployment Compensation Board of Review granted benefits to Mansfield. In doing so, the Board observed that it was a "very close case." Reproduced Record at 16a (R.R. __). Nevertheless, the Board concluded that Mansfield's "actions and demeanors, " which caused the Department to dismiss him at the end of his probationary employment, did not rise to the level of willful misconduct. Id.
On September 30, 2011, the Department of Labor and Industry again requested the Civil Service Commission to remove Mansfield's name from the eligibility lists for open positions including: clerk typist 2; intermittent intake interviewer; clerk 2; equal opportunity specialist 1; employment interviewer; and disability claims adjudicator trainee. The Department stated that its request was merit-related, explaining that Mansfield's "intolerable behaviors" during his probationary employment had led the Department to conclude that he was not suitable for the listed jobs. R.R. 430a-431a.
The Commission advised Mansfield of the Department's request, and Mansfield responded with a request for oral argument before the Commission. Argument was held on November 17, 2011. At the beginning of the argument, the Commission explained as follows:
[T]his is a proceeding convened pursuant to Management Directive 580.34, and the significance of that is this is an opportunity for the parties to state their position for the record. It is not an opportunity for the Commission to hear facts or decide facts.
Certified Record Item No. 1; Oral Argument Transcript at 8. The parties were each given seven and one-half minutes to present their argument, and they did so. On December 19, 2011, the Commission entered the following order:
AND NOW, upon careful review of the Department of Labor and Industry's List Removal Request dated September 30, 2011, Respondent's response thereto, the oral arguments and other written submissions presented by the parties, the State Civil Service Commission hereby grants, as modified, the Department of Labor and Industry's List Removal Request. Inasmuch as the Unemployment Compensation Board of Review found that Respondent's conduct was not the product of willful misconduct, although his removal from the Philadelphia Service Center work location was justified nonetheless, we decline to remove him from all lists certified to the entire appointing authority, as requested; but we also agree he should not return to work at the Philadelphia Service Center work location. Accordingly, we direct and order the removal of Paul Mansfield's name from any and all eligible lists certified to the Office of Unemployment Compensation Benefits, Philadelphia Service Center work location only, for the positions of Unemployment Compensation Claims Intermittent Intake Interviewer and Clerk 2 (Classification Codes 06590 and 00120), for a period of one year, as well as for the position of Equal Opportunity Specialist 1 (Classification Code 05221), for a period of three years, all removals retroactive to September 30, 2011. Respondent's name will not be removed from lists issued for other appointing authority work locations for which he has made himself available. Although Respondent has also asked the Commission to rescind our previous determination of LR2009-038 removing his name from the eligible list for Unemployment Compensation Appeals Referee until November 11, 2012, that Order is final, is not before the Commission for review, and has not and will not be altered in any way by this decision.
R.R. 22a-23a. In response to this order, Mansfield filed the instant petition for review.
On appeal, Mansfield raises a number of issues. First, Mansfield argues that in light of the Unemployment Compensation Board of Review's conclusion that he did not engage in willful misconduct, the Commission erred by not holding a full evidentiary hearing before granting the Department's request. Second, Mansfield asserts that it was unreasonable for the Commission to remove his name from the eligibility list for intermittent intake interviewer when it had previously removed him from that list for a period of one year. Third, Mansfield argues that there was no basis to strike his name from the list for clerk 2 and equal opportunity specialist given the outcome of his successful litigation before the Unemployment Compensation Board of Review. Fourth, Mansfield contends that the Commission erred in imposing a geographical restriction on his eligibility because he would no longer have to report to the same supervisors at the Philadelphia UC Service Center that were there when his employment was terminated in 2009. Finally, Mansfield argues that the Commission's 2009 removal of his name from the referee list was premature in light of the ultimate determination that he did not ...