Allegheny County v. Connell
Allegheny County v. Connell
Opinion of the Court
Opinion by
Allegheny County (County) appeals a decision of the Court of Common Pleas of Allegheny County affirming the reinstatement of Richard M. Connell by the County Civil Service Commission for Policemen and Firemen (Commission) to his former position as a patrolman in the County Police Department.
No member or employee of the Bureau of Police shall engage in the following partisan political activities:
(a) Being an officer in a political party or holding political office during his employment.
The Commission heard testimony that in June 1976 and again in October 1976, Superintendent of Police Robert Gr. Kroner informed Connell in a letter that he held his political post in contravention of Rule 141(a) and directed him to resign as a committeeman or face a departmental disciplinary hearing. Urged by the County Director of Public Protection, James P. Cur-ran, his immediate supervisor, to enforce the rule against Connell, Superintendent Kroner appointed a “Board of Inquiry” consisting of himself and two other members of the police department. On February 2, 1977, this panel concluded that Connell had not violated Rule 141(a), inasmuch as the rule was not in effect when he first joined the police department.
Nonetheless, on May 4, 1977, Director Curran informed Superintendent Kroner that Connell was suspended until he resigned his political post and directed Superintendent Kroner to inform Connell of his suspension.
Connell testified at the Commission hearing that, prior to joining the County police force in 1972, he made several inquiries as to whether the department
The Commission reinstated Connell to his former position on June 15,1977, and the court below affirmed the Commission, without taking additional evidence, and dismissed the County’s appeal.
Section 1518(a) of the Second Class County Code
Unfortunately, proper appellate review of the Commission’s decision is impossible because of its failure to comply with Section 6 of the Local Agency Law, Act of December 2, 1968, P.L. 1133, formerly 53 P.S. §11306, repealed by Section 2(a) of the Judiciary Act
Accordingly, we
Order
And Now, this 27th .day of April, 1979, the order of the Court of Common Pleas of Allegheny County, dated March 2, 1978, is hereby vacated and the record remanded to said court with directions that the record be forwarded to the Allegheny County Civil Service Commission for Policemen and Firemen for entry of an adjudication in compliance with the Local Agency Law.
Appellee Connell did not submit a brief on his behalf nor did he argue before this Court, although the record indicates that the County made the required service of its notice of appeal.
Act of July 28, 1953, P.L. 723, as amended by Section 3 of the Act of August 13, 1963, P.L. 662, 16 P.S. §4518(a).
Section 1518(c) of the Code, 16 P.S. §4518(c).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.