8 Pa. Commw. 631 | Pa. Commw. Ct. | 1973
Opinion by
Appellant was employed by Easton Area School District in 1959 as a teacher. In October, 1966, appellant became Acting Director of the Title I program. In 1969, he was appointed Director of Title I and Reading Coordinator. In 1971, while appellant was on a sabbatical leave, the School District approved an ad
The appellant rests his case on the merits on his allegation that the action of the Board in demoting him was arbitrary, capricious and discriminatory. No good purpose would be served by here repeating or even summarizing the evidence on which appellant relies. He presented testimony that he believes establishes that the Board discriminated against him because, as President of the Professional Employees’ Association of the District, he questioned certain Board action which resulted in that action being declared improper. He follows this with evidence that he asserts establishes that this resulted in his having action on his application for sabbatical leave delayed, having an audit of a harassing nature made of Ms books, having his position abol
The law in Pennsylvania today on the basic issues in this case is ably set forth by Chief Justice Jones (then Justice Jones) in a detailed opinion in Smith v. Darby School District, 388 Pa. 301, 130 A. 2d 661 (1957).
The appellant raises one other point that must be discussed with regard to the vote of the Board following his hearing. Seven of the nine-member Board were present. Pour voted approval of the action, two voted against, and one abstained. It is appellant’s position that it required the affirmative vote of a majority of the full Board, i.e., five affirmative votes for the Board to approve the transfer resulting in his demotion.
Section 508 of the Public School Code of 1949, 24 P.S. §5-508, sets forth in detail those actions which require an affirmative vote of the majority of the members of the entire Board. It does not include transfer or demotion. Appellant attempts to “come in the back door” by developing that Section 1151 of the Public School Code of 1949, 24 P.S. §11-1151, establishes that the right to a hearing and appeal in demotion matters shall be as in the case of dismissal. As clearly developed by the Secretary of Education in his opinion, we hold this relates merely to the procedure of the appeal,
Appellant attempts to insert in this case that the position of Title I Director and Reading Coordinator had been reestablished by the Board in September of 1972, and that appellant is entitled to fill it. Suffice it to say that that is not properly before this Court in this action.
Accordingly, we enter the following
Order
And Now, May 3, 1973, the preliminary objections of the Secretary of Education to the inclusion of the Department of Education as a party appellee are dismissed, and the order of the Secretary of Education, dated July 23, 1972, which dismissed the appeal of Frank Bilotta from the decision of demotion by the Board of School Directors of the Easton Area School District, is affirmed.
In the same reorganization plan, 12 other administrative positions were abolished. Appellant is the only individual litigating the Board’s action.