Johnston Appeal

124 A.2d 652, 181 Pa. Super. 448, 1956 Pa. Super. LEXIS 506
CourtSuperior Court of Pennsylvania
DecidedJuly 17, 1956
DocketAppeals, Nos. 144 and 148
StatusPublished
Cited by2 cases

This text of 124 A.2d 652 (Johnston Appeal) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnston Appeal, 124 A.2d 652, 181 Pa. Super. 448, 1956 Pa. Super. LEXIS 506 (Pa. Ct. App. 1956).

Opinion

Opinion by

Wright, J.,

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-[450]*450supervisor assigns a cash box and an identification die or cashier’s stamp to each of the cashiers. The cash boxes have different numbers and the corresponding die or stamp carries the same number. Each day’s collections are balanced with the duplicates of the receipts issued, and each cashier is responsible for the money collected by him and for his cash box and die. The clerk’s duty ivas to process checks received in the mail, and she was given an identification stamp of her own. In November 1952, it appeared that certain losses had occurred in the per capita tax division. These losses became evident when delinquent notices were brought into the office with evidence of payments having been made, for which no duplicate receipts were found. Investigations were conducted by the City Treasurer, District Attorney, and representatives of the bonding company. The accumulated loss was disclosed to be over |5,000.00. While these investigations failed to establish the individual criminal responsibility of any of the employes, all six were suspended. The four cashiers Avere subsequently reinstated. Johnston and O’Leary Avere dismissed as of May 19, 1953. They appealed to the Civil Service Commission Avhieh heard considerable testimony, made findings of fact and conclusions of laAV, and sustained the decision of the City Treasurer in each case. Appeals Avere then taken to the Court of Common Pleas. After argument before the court en banc, the appeals wei*e dismissed, and these appeals to the Superior Court followed.

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 '. [451]*451were argued together. We will therefore write but oue opinion.

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 [452]*452that each person was to do his own work, “and that no one other than the regularly assigned cashiers was to accept any money at the windows”; that, notwithstanding these specific instructions and even after having been “scolded” by the supervisor for not following his directions, and with full knowledge that each cashier was held responsible for the money in his cash box and drawer, Mrs. O’Leary “continued to work at the windows and to sign the names of the various cashiers and to use their cash boxes and stamps when said cashiers were temporarily absent”. Concluding that Mrs. O’Leary “showed a careless disregard for the proper conduct of the affairs” of the office and of her obligations and duties, “and contributed to the confusion and the present inability” to determine responsibility for the shortage, the Civil Service Commission, as in the Johnston case, held that the evidence justified the action of the City Treasurer in dismissing Mrs. O’Leary from her position.

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[453]*453sion, Courts of Common Pleas in Philadelphia are invested, both under the Charter and the Act of Assembly, with some measure of review, since under either they may inquire into the jurisdiction of the Commission and the regularity of the proceedings there conducted. It is true that under the statute the appeal is apparently on somewhat broader lines, which would permit the determination of the question as to whether there was any evidence to support the Commission’s findings. The question therefore is not whether the Courts of Common Pleas of Philadelphia County have jurisdiction of appeals from the Civil Service Commission, but what is the extent or scope of their authority to review the Commission’s findings. In the present instance it is obviously unnecessary to determine that question since, in any event, the dismissal of Wilson’s appeal by the court below must be affirmed even if the Act of Assembly were to be held controlling, for there was obviously sufficient testimony to justify the action of the Police Commissioner in dismissing Wilson as well as the decision of the Civil Service Commission affirming that dismissal”.

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 followed1

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Related

City of Pittsburgh Civil Service Commission v. Beaver
315 A.2d 672 (Commonwealth Court of Pennsylvania, 1974)
Stanek v. Pittsburgh
214 A.2d 507 (Supreme Court of Pennsylvania, 1965)

Cite This Page — Counsel Stack

Bluebook (online)
124 A.2d 652, 181 Pa. Super. 448, 1956 Pa. Super. LEXIS 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-appeal-pasuperct-1956.