29 Pa. Commw. 205 | Pa. Commw. Ct. | 1977
Opinion by
Alvin Chavis (appellant) was hired as a probationary Income Maintenance Worker Trainee by the Philadelphia County Board of Assistance (Board) in January of 1975. He attained regular status as an Income Maintenance Worker the following August. Deficiencies in his record-keeping duties, however, led
Our scope of review here is defined in Section 44 of the Administrative Agency Law,
Section 950 of the Civil Service Act,
Every person in the classified service shall be furnished with written notice of any personnel action taken with respect to him pursuant to the provisions of the act. Such notice ... shall be furnished within the limits prescribed by the rules of the commission. The notice shall in the case of the permanent separation ... or demotion of a regular employe set forth the reason or reasons for the action.
The regulations of the Commission in the case of re
Our careful review of the record in this case leads us to conclude that the notice given to the appellant here was deficient on several grounds. Initially, we note that it was retroactive in that it notified the appellant of his demotion and removal which were indicated to have become effective the day before the notice was mailed. This procedure is in clear violation of the regulations interpreting Section 950 of the Civil Service Act, which require that the employee be given advance notice of removal by the appointing authority. A more serious defect lies, however, in the content of the notice, which listed the following reasons for his demotion and removal:
Falsification of official documents and records; concealment of material fact by omission and without adequate justification; failure to be at work on tasks assigned; gross negligence resulting in monetary loss to Commonwealth and Welfare Recipients; neglect of duty; failure to comply with job instruction resulting in service delayed or not delivered; failure to observe the client’s rights.
As we observed in Benjamin v. State Civil Service Commission, 17 Pa. Commonwealth Ct. 427, 332 A.2d 585 (1975), a removal notice need not be drafted with the certainty of a bill of indictment and due process
For these reasons, we believe that the order of the Commission must be reversed and this case remanded for further proceedings.
Order
And Now, this 10th day of March, 1977, the order of the Civil Service Commission dismissing the appeal of Alvin ft. Chavis is hereby reversed and the case is remanded for another hearing. Prior to this hearing, the Civil Service Commission shall direct the appointing authority to supply Alvin R. Chavis with notice stating clearly the specific reasons for his demotion and removal as outlined in this opinion.
Act of June 4, 1945, P.L. 1388, as amended, 71 P.S. §1710.1 et seq.
Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §741.1 et seq.