376 Pa. 421 | Pa. | 1954
Opinion by
The question here involved is the validity of the demotion of certain firemen from the rank of captain to the rank of lieutenant made by the Fire Commissioner of Philadelphia. The demotions were upheld by the Civil Service Commission and this appeal is from the order of the Court of Common Pleas of Philadelphia County affirming the action of the Commission.
On December 31, 1951 the appellant, William J. Eckles, Jr., and 17 others
Appellant contends (1) that since his promotion from lieutenant to captain was made seven days prior to the effective date of the Home Rule Charter, the Philadelphia City Charter Act of 19.19 was applicable to him and under it he could not be demoted because the probationary period therein prescribed did not cover promotions but only initial appointments and (2) that, there being no probationary period with respect to promotions under the Act of 1919, the Home Rule Charter and Regulations issued were not intended to apply retroactively to reduce an appointee’s permanent status into a probationary status.
In support of appellant’s contention that the probationary period prescribed in the Charter Act of 1919 did not cover promotions, appellant points to Article XIX, §15, Act of June 25, 1919, P. L. 581, 53 PS §3335, which provides in part: “. . . When an appointment is made under the provisions of this section, it shall be in the first instance for a probationary period of three months. If during that period the service of that officer or employe is unsatisfactory, the appointing officer shall notify him in writing that he will not be retained in the public service after such three months period. If not so notified, his appointment shall become permanent at the end of the three months proba
In arriving at a contrary conclusion, the lower court in referring to the Act of 1919, as amended, said: “. . . Although the act speaks of dismissal in relation to the probationary period, the term is used in the part of the act dealing with removal of employees who have completed their probationary period, and it is apparent that the word ‘dismissal’ was used to cover any removal from office. It was an unfortunate choice of language to be sure, and it has been remedied in the new charter.
If the lower court was correct in holding that employes could be demoted as well as discharged during the three month probationary period prescribed by the 1919 Charter Act, then appellant’s contention that his status was established by that Act is unavailing for his promotion occurred on December 31, 1951, and his demotion on March 15, 1952 was well within such probationary period.
On tbe other hand, if the 1919 Charter Act did not permit demotions during the probationary period, appellant is no better off for, in our opinion, be was properly demoted under the provisions of the new
We are satisfied that the new Charter meets this test. Its vital objective was to provide a new uniform law applicable to all municipal employes, present and future. Section 11 of the Home Rule Act of 1949 (First Class City Home Rule Act of April 21, 1949, P. L. 665, 53 PS §3421.11) recognized this objective in providing that the Charter “. . . shall become the organic law of the city . . and shall thereafter “. . . supersede any existing charter and all acts or parts of acts . . . inconsistent or in conflict therewith.”. Thereafter the Philadelphia Home Rule Charter was adopted on April 17, 1951, and became effective on January 7, 1952. On that date, also, the Civil Service Commission, pursuant to the provisions of the Charter, promulgated the Philadelphia Emergency Civil Service Regulations. In
To adopt appellant’s contention would require us to hold that the status of each city employe as to appointment and promotion should be determined by the law in effect at the time of such appointment or promotion, thus creating various distinctions in administrative personnel, the elimination of which was a primary objective of the Home Rule Charter. We observed in the Lennox case that the Home Rule Charter came into being presumably in response to popular agitation for the correction of a patchwork system of government. From the occasion of its adoption and from its provisions as well, we think it is clearly manifest that the intent of the new Charter was to provide a comprehensive system of personnel with uniform treatment of all employes, old and new, who enjoyed or obtained civil service status. Consequently the appellant was subject thereto.
Under the Civil Service Regulations promulgated pursuant to and cotemporaneously with the effective date of the new Charter, the probationary period was duly fixed at three months and it expressly covered promotions as well as initial appointments. Three
Order affirmed.
While this appeal is in the name of Eckles, the City of Philadelphia, by written stipulation, has agreed with the other 17 persons affected, that the result in the instant case shall be determinative of their rights.
Regulation XI, §4 of the Philadelphia Emergency Civil Service Regulations promulgated pursuant to and in accordance with §7-401 (j) of the Home Rule Charter provides: “No appointment or promotion shall be final until a probationary period of not more than six months nor less than two months, as determined by the Personnel