City of Pittsburgh v. Roberts

609 A.2d 209, 147 Pa. Commw. 581, 1992 Pa. Commw. LEXIS 344
Commonwealth Court of Pennsylvania·Decided May 1, 1992·No. Nos. 1041 and 1042 C.D. 1991·Published·Cited by 1 cases

Opinion

SILVESTRI, Senior Judge.

Before us is a consolidated appeal by the City of Pittsburgh, Department of Public Safety, Bureau of Police (City) from two orders of the Court of Common Pleas of Allegheny County, dated April 8, 1991, which affirmed in part the decisions of the Personnel Appeals Board of the City and directed that certain police officers, appellees herein, be restored to their prior status as detectives, with their rates of pay to be adjusted accordingly.

10^2 C.D.1991

On May 12, 1986, the City’s Director of Public Safety issued an order transferring nine police personnel from assignments in the investigations branch, where they worked under the title of “detective,” to assignments in the uniform branch, effective May 26, 1986.1 Thereafter, some of the officers requested hearings before a police trial board; the requests were denied because the transfers were not considered to be demotions nor were they disciplinary actions in nature. See former Section 7 of the act popularly known as the Policemen’s Civil Service Act, Act of August 10, 1951, P.L. 1189, as amended, 53 P.S. § 23537, infra.

By letter dated May 27, 1986, the nine officers requested a hearing before the City’s Personnel Appeals Board (Board). The City filed a motion to quash the appeal, asserting lack of jurisdiction of the Board, which was denied by the Board.

[584] Hearings were held before the Board on August 11, August 12 and September 9, 1986. By opinion and order dated November 26, 1986, the Board held that it had jurisdiction over the matter, that the transfers involved constituted demotions which the City carried out without prior notice and for which the City was required to demonstrate good cause. The Board ordered that the City pay to the officers the difference between their rate of pay as detectives and as personnel in the uniform branch from May 26, 1986 to the present, as well as money damages and attorney fees. The Board, in addition, directed that a copy of its opinion and order be issued to every City employee with their next paycheck.

The City appealed to the Court of Common Pleas of Allegheny County. By opinion and order dated April 8, 1991, the trial court affirmed the Board’s decision in part, directing that the nine officers be restored to their prior status as detectives with back pay. The trial court vacated the Board’s award of money damages, attorney fees, and the Board’s order that its decision be distributed to every City employee.

1041 C.D.1991

On May 25, 1989, the City’s Chief of Police issued an order transferring Lillian Roberts and William Terrell, appellees herein, from assignments in the investigations branch, where they served as detectives, to assignments as uniformed officers in a zone precinct, effective June 6,1989.

The officers petitioned the Board to hear their complaint, alleging that such a transfer could be effected only for just cause. A hearing was conducted on August 28, 1989, over the City’s objection. At the hearing, the City presented a motion to quash the appeal, arguing that the Board lacked jurisdiction based upon the limitations of its jurisdiction contained in the Pittsburgh Code.

The Board issued an opinion and order on October 25, 1989, wherein it determined that it had jurisdiction over the matter and that the City failed to demonstrate just cause [585] for its action. The Board ordered that the officers be restored to their rate of pay prior to June 6, 1989 with full back pay for the intervening time of service, and directed the City to pay attorney fees, expenses and costs.

The City appealed to the trial court. By opinion and order dated April 8, 1991, the trial court affirmed the Board’s decision in part and directed that the officers be restored to their status as detectives with appropriate back pay. The trial court determined that the Board had no authority to award attorney fees, costs and expenses, and vacated that part of the Board’s order.

The City’s appeals of both orders of the trial court have been consolidated. The issues raised by the City are the same for both and are as follows: (1) whether the City's Personnel Appeals Board and the trial court erred in their determination that appellees possessed a due process right to adjudication regarding their transfer from detective positions to uniformed positions; and (2) whether the Board and the trial court erred in their determination that the Board had jurisdiction over the matter.

The City argues that the appellees herein possessed no property interest in the uninterrupted assignment as a detective, and that the right to due process exists only where there is a protected property interest; thus, the appellees enjoyed no due process rights regarding their reassignment from the detective branch to the uniform branch. The City next argues that, assuming such a due process right does exist in this matter, the Personnel Appeals Board lacked jurisdiction to hear these cases.

Procedural due process requirements apply only when one is deprived of an interest encompassed within the Fourteenth Amendment protections of, inter alia, property. Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); Sasko v. Charleroi Area School District, 121 Pa.Commonwealth Ct. 220, 550 A.2d 296 (1988). A determination of whether a substantive property right exists in employment turns upon the language of the rele[586] vant statute, ordinance or contract that allegedly created the right. Sasko. The City emphasizes that the appellees herein suffered no loss of employment rights as a result of their reassignment to the uniform branch and argues that the appellees enjoyed no protected right to continued assignment as detectives. Accordingly, the City argues, the appellees were not entitled to due process protections with regard to their reassignments. We agree.

The statute governing the matter herein is the Policemen’s Civil Service Act (Act). Section 6.1 of the Act, added by the Act of June 10, 1955, P.L. 147, as amended, 53 P.S. § 23536, consists of three unnumbered parts. Part one authorizes cities of the second class,2 in addition to the existing powers of promotion in the bureau of police, to create additional classes of detectives.3 The additional classes of detectives shall consist of members of the police bureau who have been assigned to such class of detective because of a particular aptitude for investigation, outstanding meritorious service, or unusual and excéptional bravery.

Part two of Section 6.1 sets forth the procedure for assignments to the additional classes of detectives. First, a member of the police bureau is recommended by his superi- or officer for assignment, then a police merit board is convened.

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City of Pittsburgh v. Roberts, 609 A.2d 209, 147 Pa. Commw. 581, 1992 Pa. Commw. LEXIS 344 (Pa. Ct. App. 1992).

609 A.2d 209 (City of Pittsburgh v. Roberts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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