Housing Authority of Chester v. Pennsylvania State Civil Service Commission

730 A.2d 935, 556 Pa. 621, 1999 Pa. LEXIS 1276
Supreme Court of Pennsylvania·Decided April 30, 1999·Published·Cited by 123 cases

Opinions

OPINION OF THE COURT

CASTILLE, Justice.

This Court granted review of this matter in order to decide whether the Commonwealth Court erred by holding that the State Civil Service Commission (“Commission”) has standing to enforce the veterans’ preference provisions of the Military Affairs Act, 51 Pa.C.S.A §§ 7101 et seq., at its own initiative; and whether the Commission erred by determining that the Housing Authority of the County of Chester (“Housing Authority”) violated the Military Affairs Act when it refused to offer the job of Executive Director 3, a civil service merit system position, to the lone veteran candidate among the group of the three highest ranked certified eligible candidates. For the reasons that follow, we find that the Commission has the authority to enforce the Military Affairs Act at its own initiative, that the Commission correctly determined that the Housing Authority violated the Military Affairs Act by selecting a non-veteran candidate to fill its Executive Director position under these circumstances, and that the relevant provisions of the Military Affairs Act comport with the United States and Pennsylvania Constitutions. Accordingly, we affirm in part and reverse in part the decision of the Commonwealth Court.

In February of 1993, Fredrick Brown, then-Executive Director of the Housing Authority, resigned.1 In May of 1993, the Housing Authority requested the Commission to open an examination for the vacant Executive Director 3 position. Troy L. Chapman and John J. Fitzgerald both possessed the minimum experience and training requirements and were tested for the position of Executive Director 3.2 Chapman, who is not a veteran, passed the test with a score of 82.00. Fitzgerald, who is a veteran, passed the test with a score of 91.00, including ten (10) .additional points added to his raw score as required by the Veterans’ Preference provisions of the Military Affairs Act. See 51 Pa.C.S. § 7103(a).3 Chapman and Fitzgerald, along with five other candidates who had previously taken the exam, appeared on [938] the Certifícate of Eligibles list for the position of Executive Director 3.4 On April 13, 1995, the Commission issued this list to the Housing Authority.5 Both Chapman (the “non-veteran”) and Fitzgerald (the “qualified veteran”) were within the “Rule-of-Three” on the Certification of Eligibles.6 On July 3, 1995, the Housing Authority appointed the non-veteran to the position of Executive Director 3.

Subsequently, the Commission initiated an audit of the Certification of Eligibles. On August 11, 1995, Steve Shartle, the Commission’s Chief of Technical Assistance and Audit, informed the Housing Authority’s Director of Operations, Bertha Dantzler, that the non-veteran’s appointment was not in compliance with the Commission’s regulations or the veterans’ preference provisions of the Military Affairs Act. Specifically, Shartle informed Dant-zler that if an available veteran is within the Rule-of-Three, the veteran must be granted appointment preference.7 On August 28, 1995, Dantzler replied by letter that the Board of Directors of the Housing Authority believed that the non-veteran’s appointment did not violate either the Military Affairs Act or the Civil Service Act, and that the non-veteran was far more qualified to be the Executive Director of the Housing Authority.

Subsequently, pursuant to 71 P.S. § 741.951(d), the Commission convened an investigative hearing to determine whether the appointment of the non-veteran was in compliance with Pennsylvania law.8 By adjudication and order dated May 17, 1996, the Commission concluded that the Military Affairs Act mandated that the qualified veteran be offered the Executive Director 3 position and that the Act permitted the appointment of a non-veteran only if the qualified veteran declined the position. Accordingly, the Commission or[939] dered the position to be vacated and further directed that an offer of employment be made to the qualified veteran.

The Housing Authority filed an appeal from the Commission’s order to the Commonwealth Court, contending first that the Commission had no standing to enforce the veterans’ preference provisions of the Military Affairs Act sua sponte,9 and second that it had erred by interpreting the Military Affairs Act to require that the qualified veteran be offered the position at issue. On March 12, 1997, the Commonwealth Court reversed the Commission’s order directing the job to be offered to the qualified veteran, determining that while the Commission had standing to enforce compliance with provisions of the Military Affairs Act sua sponte, the Commission had erred by interpreting the Act to require the Executive Director 3 position to be offered to the qualified veteran. Specifically, the Commonwealth Court determined that under Brickhouse v. Spring-Ford Area School District, 540 Pa. 176, 656 A.2d 483 (1995), the Housing Authority could use its own criteria to determine whether a veteran possessed the threshold “requisite qualifications” for the Executive Director 3 position such that he would be entitled to veterans’ preference under 51 Pa.C.S.A. § 7104(b)(see fn.7, supra). On December 19, 1997, this Court granted allocatur.

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Housing Authority of Chester v. Pennsylvania State Civil Service Commission, 730 A.2d 935, 556 Pa. 621, 1999 Pa. LEXIS 1276 (Pa. 1999).

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