88 Pa. Commw. 610 | Pa. Commw. Ct. | 1985
Opinion by
Maureen A. Doerr, Petitioner, employed by the Pennsylvania Liquor Control Board (LCB), as an enforcement officer, Enforcement Officer II, regular status, was suspended without pay as of December 17, 1982
The pertinent facts for our purposes are that Petitioner’s employment with the LCB was from February 27, 1977 until her removal at the close of business on January 21, 1983; that her duties were related to enforcement of the Commonwealth’s liquor control laws by conducting undercover investigations, submitting written reports, as well as participating in LCB open inspections and raids, in connection with which she was issued and authorized to carry a concealed firearm, and was instructed by the LCB on the requirements for its proper care, use and control; that on the evening of December 14, 1982, Petitioner stopped at the residence of Janet Rankin, fiancee of her father’s, with whom Petitioner had a long-standing history of disputes and disagreements, whereupon Petitioner became embroiled in a heated argument which escalated into physical violence. As Petitioner was on her way to an LCB raid of a “speakeasy”
Our review of the record .satisfies us that the Commission’s findings are supported by substantial evidence.
Petitioner next contends that the evidence is insufficient, as a matter of law, to support the imposition of any disciplinary action whatsoever against her. The basis of her contention is that the incident with Janet Rankin was of a purely private nature and occurred during her off-duty hours. Petitioner contends that, since this incident was nothing more than a private domestic dispute and did not occur during her duty hours, it cannot be job-related and is, therefore, insufficient to warrant any disciplinary action being taken against her. We disagree.
It is undisputed that under Section 807 of the Civil Service Act, “just cause” for dismissal of a regular civil service employee must be related to the employee’s job performance and touch in some rational and logical manner upon the employee’s competency and ability. Whipple v. Pennsylvania Department of Public Welfare, 70 Pa. Commonwealth Ct. 11, 452 A.2d 296 (1982); Gibson v. Pennsylvania Department of Public Welfare, 35 Pa. Commonwealth Ct. 27, 384 A.2d 1030 (1978). However, an incident need not occur during an employee’s tour of duty in order to be suffi
Finally, there is the undisputed fact that during the altercation with Ms. Rankin, Petitioner lost possession and control of her service revolver and admits that she did not notify her supervisor at the LCB that she had lost control of her weapon as required by a regulation in the LCB Handbook for Enforcement Officers which states that if an officer’s weapon is lost or stolen, it is the officer’s absolute duty to immediately report such loss or theft in writing to the supervisor. When questioned by the appointing authority as to why she did not report the loss of her weapon, Petitioner stated that she did not feel that it was necessary as it was a matter involving her personal life. The loss of a law enforcement officer’s service revolver, albeit during a domestic dispute, is definitely
We now turn to Doerr’s final contention which is that the penality imposed by the LCB, removal, was so grossly harsh under the circumstances that it amounts •to an abuse of discretion. However, although we might view a lesser penalty as more appropriate, once it has been determined that the employee has been removed for just cause, neither this Court nor the Commission has the power to alter the decision of the appointing authority as to disciplinary action. Hoffman; Lewis v. Pennsylvania Department of Health, 70 Pa. Commonwealth Ct. 531, 453 A.2d 713 (1982). We believe that the just cause warranting Petitioner’s removal is sufficiently merit-related as to require our deferring to the decision of the appointing authority under our decisions in Hoffman and Lewis.
Having found the Commission’s findings supported by substantial evidence, no errors of law committed, nor constitutional rights violated, we must, therefore, affirm the Commission’s order.
Order
And Now, this 18th day of April, 1985, the Order of the State Civil Service Commission at Appeal No. 4376, dated August 1, 1983, which affirms the suspension and removal by the Pennsylvania Liquor Control Board of Maureen A. Doerr from her position as Enforcement Officer II, regular status, is hereby affirmed.
Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §741.808, insofar as it permits the appointing authority to suspend a regular employee without pay for good cause.
71 P.S. §741.807.
A “speakeasy” as used here refers simply to an unlicensed liquor establishment.
Tlie findings of the Commission disputed by Doerr concern the loss of possession and control of her service revolver.
We disclaim any intention to equate the Enforcement Officer of LOB with a regular “policeman.” Section 209 of the Liquor Code, Act of April 12, 1951, P.L. 90, 47 P.S. §2-209 provides that the Board’s “enforcement officers . . . are hereby declared to be peace officers and are hereby given police power and authority throughout the Commonwealth to arrest on view, . . . without warrant ...,’’ but this authority to arrest is limited to “any person actually engaged in the unlawful sale, importation, manufacture, or having unlawful possession of liquor, alcohol or malt or brewed beverages, contrary to the provisions of this act or any other law of this Commonwealth.” The references here to court cases having to do with policemen is solely for the analogies in connection with the Board’s charge here of “conduct unbecoming an Enforcement Officer.”
It 4s clear, as noted by the Commission, that Petitioner exhibited such bad judgment and lack of maturity as to adversely impact upon her effectiveness as a law-enforcement officer. The Commission stated:
Her decision to seek out .this woman with whom she lnad a history of quarries [sic], late in the evening, while she had a weapon on her person, demonstrates an appalling lack of judgment. Her behavior has the effect of bringing the Commonwealth into disrepute, thus meriting her removal.