Keslosky v. Old Forge Civil Service Commission
73 A.3d 665
Pa. Commw. Ct.2013Background
- Keslosky, hired as Old Forge police officer (1979), left in 1998 claiming psychological injury; returned in 1997 after earlier termination and litigation.
- Police officer certification under the Municipal Police Officers’ Education and Training Law is valid two years and requires annual in-service training; municipality may request a two-year renewal via Form SP8-502.
- Police Commission determined Keslosky’s certification expired June 30, 1999; Borough was informed in 2004–2005 that re-certification (including physical and psychological exams) was required.
- Keslosky disputed the expiration date (argued expiration was June 30, 2001), sought Borough scheduling for updates, and claimed Borough caused lapse; Borough scheduled exams at its expense but Keslosky refused.
- Borough suspended Keslosky without pay in June 2005 for failure to obtain re-certification; Civil Service Commission and trial court upheld suspension and denied back pay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suspension for lack of certification was proper | Keslosky: certification expired 6/30/2001; Borough blocked updates and caused lapse | Borough/Commission: records and Commission letters show expiration 6/30/1999; Keslosky failed to re-certify within allowable period | Suspension upheld; substantial evidence supports 6/30/1999 expiration and Borough/Commission acted properly |
| Whether Keslosky was entitled to back pay for period after reinstatement | Keslosky: Borough estopped and/or caused lapse; received some benefits and a bonus so back pay should follow | Borough/Commission: Officer Training Law bars paying uncertified officers; back pay issue waived before Borough and law prohibits payment | Denial of back pay affirmed; statutory prohibition and waiver upheld |
Key Cases Cited
- Dougherty v. Borough of Meshoppen, 612 A.2d 595 (Pa. Cmwlth. 1992) (officer lacking certification must be suspended without pay)
- Agostino v. Township of Collier, 968 A.2d 258 (Pa. Cmwlth. 2009) (standard for substantial-evidence review)
- General Elec. Co. v. Workers’ Comp. Appeal Bd. (Myers), 849 A.2d 1166 (Pa. 2004) (appellate review limits on factual findings)
- Hoffmaster v. Workers’ Comp. Appeal Bd. (Senco Prods., Inc.), 721 A.2d 1152 (Pa. Cmwlth. 1998) (only need evidence to support actual findings made)