Szablowski v. State Civil Service Commission
2013 Pa. Commw. LEXIS 327
| Pa. Commw. Ct. | 2013Background
- Employee (Deanna Szablowski) worked as assistant manager (Clerk 2) at PLCB Store #0608 (2009–2011); she had previously reported suspicions that manager Newton Mull stole via refunds; Mull was later dismissed after an Auditor General investigation.
- PLCB audited Store #0608 and suspended Employee without pay (Sept 21, 2011); following a fact-finding meeting (Nov 15, 2011) Employee was discharged for manipulating store funds/records (post-void transactions), though not criminally charged.
- PLCB auditor Kelly Leonard identified 132 post-voids by Employee and deemed ~102 questionable; PLCB focused on 51 post-voids with missing paperwork and 29 (actually 30) post-voids where Employee wrote “card declined” but the electronic journal showed no attempted swipe.
- Employee testified she followed post-void procedures, turned paperwork over to manager Mull (who controlled records), and explained why a card might be declined without an electronic swipe; she argued the investigation was tainted by conflicts of interest and retaliation for reporting Mull.
- The Civil Service Commission rejected retaliation claims, rejected discipline based solely on missing paperwork (51 voids), but upheld dismissal based on the 30 journal-discrepancy post-voids; it treated Employee’s written reasons as inaccurate because electronic journals lacked corroboration.
- The Commonwealth Court vacated and remanded, finding the Commission s factual findings incomplete/erroneous—ordering more detailed findings on whether the 30 post-void reasons required electronic corroboration and whether inventory "correlations" could tie specific post-voids to missing stock.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conflict/retaliation in investigation | Investigation was tainted by relationships (Mull, Yeager, Leonard) and targeted Employee for reporting Mull | Investigation was justified by Mull s misconduct; relationships irrelevant to Employee s own records | Commission and court: relationships irrelevant; Employee s post-voids themselves were the relevant issue; no reversal on retaliation claim |
| Due process of suspension without pay | Employee entitled to pre-suspension hearing under Loudermill; suspension without pay violated due process | Suspension pending investigation permissible; fact-finding hearing later satisfied process | Court declined to decide entitlement to pre-suspension process because Commission s factual findings were inadequate and remanded for further factfinding |
| Sufficiency of evidence/just cause for removal | PLCB s evidence did not prove post-voids were improper; missing paperwork was caused by Mull; electronic journal does not always record declines | Electronic journal discrepancies and missing documentation supported violation of post-void policy and justified dismissal | Court: Commission erred by treating all written reasons as asserting bank decline and failed to consider Employee s explanations; factual findings about electronic corroboration and inventory correlation were inadequate—vacated and remanded |
| Remedy/modification of discipline | Discipline was excessive/tainted and should be modified | Dismissal justified by policy violations | Court did not reach merits of remedy because it remanded for further factual findings |
Key Cases Cited
- Perry v. State Civil Service Commission, 38 A.3d 942 (Pa. Cmwlth.) (standard for just cause review and deference to appointing authority)
- Wei v. State Civil Service Commission, 961 A.2d 254 (Pa. Cmwlth.) (just-cause must be merit-related and personal to employee)
- Galant v. Department of Environmental Resources, 626 A.2d 496 (Pa.) (just-cause requirement discussion)
- Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (U.S.) (property interest in public employment and due-process requirements)
- Mathews v. Eldridge, 424 U.S. 319 (U.S.) (balancing test for procedural due process)
- City of Philadelphia v. Fraternal Order of Police, Lodge No. 5, 592 A.2d 779 (Pa. Cmwlth.) (application of Loudermill to suspensions)
- Cutler v. State Civil Service Commission, 924 A.2d 706 (Pa. Cmwlth.) (standards of review for Commission adjudications)