Adams County Children & Youth Services v. Ruppert
Adams County Children & Youth Services v. Ruppert
Opinion of the Court
This is an appeal by the Adams County Children and Youth Services (Appointing Authority) from an order of the State Civil Service Commission (Commission) which re
The Commission found that by letter dated March 3,1988, Ruppert was removed from her position on a charge of failure to disclose or act upon information regarding an improper caseworker-client relationship. In January of 1987 an allegation of child abuse against the father of the involved child was presented by the child’s mother to the appointing authority. Responsibility to investigate this allegation was initially assigned to Ruppert, but at the request of a co-worker, (Karen) and with the approval of Ruppert’s immediate supervisor, the case was reassigned to Karen.
Ruppert maintains that the Appointing Authority misinterpreted or misunderstood her statements. She contends, inter alia, that the relationship developed after the investigation was finalized and that any relationship between Karen and the father which may have occurred, was subsequent to the submission of Karen’s final report and thus is irrelevant. She further contends that her second level supervisor relied upon her March 2 statements but misunderstood them and refused to accept her later attempts to clarify those statements.
The Commission specifically observed that at the hearing Ruppert testified that to the best of her knowledge the relationship between Karen and the father began after the close of the 1987 investigation. We observe that this evidence is supported by Ruppert’s testimony on the record. See N.T. 43-45. The Commission also noted that under the Appointing Authority’s own position while a caseworker-client relationship would be viewed as improper during the course of an investigation, such relationship if it began subsequent to the investigation’s closure would be unrelated to the caseworker’s employment and, hence, permissible. Therefore, if Karen’s relationship with the father occurred after her investigation was closed even if Ruppert knew of the relationship her failure to report it would be of no moment. Thus, as the Commission observed, “resolution of the parties’ differing views as to when the Karen/[father] relationship began seems critical to any consid
Our scope of review of the Commission’s adjudication is limited to determining whether constitutional rights were violated, an error of law was committed and whether the necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704. Further, we observe that Ruppert was a probationary status employee and, thus, may challenge her removal only by alleging discrimination. Cunningham v. State Civil Service Commission, 17 Pa.Commonwealth Ct. 375, 332 A.2d 839 (1975). Ruppert bore the burden of proof in establishing discrimination, 4 Pa.Code § 105.16, but credibility matters are for the Commission to decide, West Chester State College v. Stein, 72 Pa.Commonwealth Ct. 561, 457 A.2d 176 (1983).
On appeal the Appointing Authority alleges several bases for reversal of the Commission’s order. First, the Appointing Authority maintains that certain of the Commission’s findings were not supported by substantial evidence. The first challenged finding relates to the exact date when Karen submitted her report finalizing her investigation. The Commission found that that occurred in February of 1987, and the Appointing Authority maintains that the record demonstrates that it occurred near the end of March 1987. Although we agree that the record could be clearer on this point, we think that pinpointing a specific date is
Next, the Appointing Authority challenges the Commission’s findings that there had been “sometime during 1987” “some relationship” between Karen and the father. The Appointing Authority contends that Ruppert’s supervisor repeatedly testified that Ruppert had informed her on March 2, 1988 very specifically that the relationship between Karen and the father had occurred during Karen’s investigation, not just “sometime” in 1987.* The Commission, however, quite simply chose not to credit this evidence and it was within its province to do so.
The last finding challenged by the Appointing Authority pertains to the finding that the Appointing Authority, subsequent to its learning of Karen’s possible infraction, did not contact her (Karen) to determine what in fact had occurred. It contends that the Appointing Authority’s witnesses repeatedly testified of their attempts to contact Karen. The fact that there were attempts, does not mean that they were successful and the Commission found only that Karen had not been contacted, not that there had not been an attempt to contact her. This finding is supported by substantial evidence.
Next, the Appointing Authority contends that the Commission committed prejudicial error when it refused to apply the rule of law that a party who calls a witness stands behind that witness’ credibility and is bound by that witness’ testimony. Some background is necessary to understand this contention. Ruppert represented herself at the Commission hearing. As part of her case-in-chief, she called two of her supervisors who testified that Ruppert had told them that the relationship between Karen and the father had been conducted during Karen’s investigation and that Ruppert knew of the relationship at that time. Ruppert then took the stand and testified that the relationship did not develop until after the investigation had termi
The general rule is that a party who calls a witness represents that witness as being credible and worthy of belief and cannot impeach him. However, that rule has been relaxed to prevent injustice and the tendency of the courts now is to permit parties to show the truth without strict regard to the various technicalities. Commonwealth v. Smith, 424 Pa. 544, 227 A.2d 653 (1967). See also Section 505 of the Administrative Agency Law, 2 Pa.C.S. § 505 (administrative agency not bound by technical rules of evidence). We, thus, believe that Ruppert’s testimony was permitted under Smith.
Next, the Appointing Authority maintains that the Commission capriciously disregarded competent and substantial evidence.
[W]e are concerned not with the charges. We are concerned with their basis in fact, which [Goodridge] has been given the right to test by appeal to the Civil Service Commission and which the Commission after hearing found were baseless. This we believe established that his removal was for a non-merit factor. To hold, as the Bureau urges, that although the charges were untrue, its action dismissing him must be upheld, renders his right to appeal a nullity. The Bureau’s thesis that because its functionaries believed the charges the removal was not for a non-merit factor rests on the proposition that in order to establish an act of discrimination the victim must show that the Bureau intended to discriminate. The law is clearly to the contrary.
Id., 87 Pa.Commonwealth Ct. at 531-32, 487 A.2d at 1038-39. We, thus, agreed with the Commission that the action of the Bureau, although taken without malice or wrongful intent, had the effect of removing Goodridge from his employment for a nonmerit factor.
Thus, having concluded that the charges made by the Appointing Authority were without factual basis, and hence discriminatory, see Goodridge, we must uphold the Commission’s order.
ORDER
NOW, May 15, 1989, the order of the State Civil Service Commission in the above-captioned matter is hereby affirmed.
. It appears that Karen knew the father and had seen him at church and that her superiors were told this. In fact, the supervisor testified that the case was reassigned to Karen because the children were in her Sunday school class and the Appointing Authority believed that the father might relate better to Karen because of their similar religious beliefs. N.T. 11, 443.
. We observe that where, as here, both parties presented testimony the capricious disregard standard is inapplicable. See Russell v. Workmen’s Compensation Appeal Board (Volkswagen of America), 121 Pa. Commonwealth Ct. 436, 550 A.2d 1364 (1988); Kirkwood v. Unemployment Compensation Board of Review, 106 Pa.Commonwealth Ct. 92, 525 A.2d 841 (1987).
. The Goodridge Court further observed that pursuant to the Commission’s own appeal form the Commission recognizes "mistake of fact” as a type of discrimination, and that an agency’s interpretation of the legislation which it is required to enforce is entitled to great deference.
We have further observed in Proriko v. Department of Revenue, 114 Pa.Commonwealth Ct. 428, 539 A.2d 456 (1988), that in cases where the appointing authority commits a mistake of fact type of discrimina
. Act of August 5, 1941, P.L. 752, as amended.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.