Johnston Appeal
Johnston Appeal
Opinion of the Court
Opinion by
Raymond W. Johnston was employed as a cashier in, and eventually as supervisor of, the per capita tax division in the office of the Treasurer of the City of Pittsburgh. Lida O’Leary was employed in .the same division as a clerk. There were six employes in all, a supervisor (Johnston), four cashiers, and a clerk (O’Leary). The office of the division has two receiving windows at which the cashiers work in turns, The-
At the oral argument Ave raised the question of our" jurisdiction, and the parties agreed that the appeals should be heard and decided by the, Superior Court.. While the appeals .are. separate, they, arise out of the same general factual situation, involve, the testimony ' of the same. Aviinésses, raise, identical .questions, . and '.
In its decision in the Johnston case, the Civil Service Commission found, inter alia, that it was Johnston’s duty and responsibility to direct and control the work of the four cashiers and the clerk under his supervision; that, at the time of his appointment as supervisor, he was specifically instructed by the City Treasurer “that it was his responsibility to see that every one in his division was to do his own work in a proper manner”; that he nevertheless permitted Mrs. O’Leary “to receive per capita tax payments at the cashier’s windows, to use the stamps of the cashiers and to sign their names or initials on receipts issued by her where said cashiers were temporarily absent”; that, when a cashier was temporarily absent from his assigned window, Johnston permitted another cashier to “receive payments at the absentee’s window, use said absentee’s cash box and stamp, and issue receipts bearing his name or initials”;' and that Johnston himself “on occasions used the cash boxes and stamps of temporarily absent cashiers”. Concluding that Johnston “was careless, negligent and inefficient in the performance of his known duty when he permitted on various occasions, the indiscriminate practice” detailed above; that he knew that confusion would result therefrom and that the practice in question “clearly militated against efficient operation of the Division and placed obstacles in the way of establishing responsibility”, the Civil Service Commission held that the charge of inefficiency was sustained by the testimony and approved the action of the City Treasurer in dismissing Johnston from his position.
In its decision in the O’Leary case the Civil Service Commission found, inter alia, that, when Johnston became supervisor, he definitely instructed Mrs. O’Leary
Appellants contend that the lower court improperly limited the scope of its review. They assert that it was the duty of the Court of Common Pleas to “examine the record de novo . . . and the rule in force and effect prior to the passage of the Act of 1951 that decisions of the Civil Service Commission may be reversed only upon proof of a clear abuse of discretion no longer applies”.
The Act of September 29, 1951, P. L. 1654, 53 PS 304, provides: “All decisions of the civil service board or commission in any city shall be subject to appeal to the court of common pleas or the county court of the county in which the city is located”. In Civil Service Commission of Philadelphia v. Wilson, 373 Pa. 583, 96 A. 2d 863, Mr. Chief Justice Stern stated: “It is obvious that, on appeals from the Civil; Service Com mis
In the recent decision in Addison Case, 385 Pa. 48, 122 A. 2d 272, the question posed in the Wilson case was squarely presented, and it was held that the Act of 1951 did not supersede the limitation upon court review imposed by the Philadelphia Home Eule Charter. Of importance to the cases at bar is the following-statement of Mr. Justice Jones: “A secondary question then followed
Appellants complain that they were dismissed “under a blanket charge”, and that they requested, but were not furnished, additional information in order to properly make answer. The dismissal of employes in the classified civil service of any city of the second class is governed by Section 20 of the Act of May 23, 1907, P. L. 206, 53 PS 93S3, the pertinent portion of which reads as follows: “No officer, clerk, or employe, in the competitive class or in the non-competitive class of the classified civil service of any city of the second class, who shall have been appointed under the provisions of this act, or of the rules made pursuant there to, shall be removed, discharged, or reduced in pay or position except for just cause, which shall not be religious or political. Further, no such officer, clerk, or employe shall be removed, discharged, or reduced, except as provided in section eight of this act, until he shall have been furnished with a written statement of the reasons for such action, and been allowed to give the removing officer such written answer as the person sought to be removed may desire. In every case of such ■removal or reduction a copy of the statement of reasons therefor, and of the written answer thereto, shall be furnished to the civil service commission, and entered upon its records”.
The orders of the lower court are affirmed.
In the lower court, since it had there been erroneously held that the general statute was paramount.
Speaking for the court en banc, the late Judge Columbub said: “Mindful of the limited authority possessed by the court in this matter, we have carefully read, examined and weighed the entire record in this case, and have concluded that there is sufficient evidence to justify the action of the Civil Service Commission in sustaining the action of the Treasurer”.
(Johnston) “You are hereby charged with inefficiency in the supervising of the work of those employees under your charge in this department and also with such careless disregard in the conduct of the affairs, obligations and duties of your position as to become involved in a shortage or loss of public funds during the past months”.
(O’Leary) “You are hereby charged with such careless disregard in the conduct of the affairs, obligations and duties of your position and especially in the handling of money in this department as to become involved in a shortage or loss of funds during the past months. And further you are charged with failure to cooperate with me and all other persons properly attempting to inquire or determine the cause of the shortage or loss of funds”.
Reference
- Cited By
- 2 cases
- Status
- Published