Jones v. City of Pittsburgh, Department of Fire

476 A.2d 895, 505 Pa. 25, 1984 Pa. LEXIS 258
CourtSupreme Court of Pennsylvania
DecidedMay 25, 1984
Docket72 W.D. Appeal Dkt. 1983
StatusPublished
Cited by7 cases

This text of 476 A.2d 895 (Jones v. City of Pittsburgh, Department of Fire) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. City of Pittsburgh, Department of Fire, 476 A.2d 895, 505 Pa. 25, 1984 Pa. LEXIS 258 (Pa. 1984).

Opinions

OPINION OF THE COURT

HUTCHINSON, Justice.

The Department of Fire of the City of Pittsburgh appeals by allowance a Commonwealth Court order, 75 Pa.Cmwlth. 166, 461 A.2d 897, which vacated an order of the Court of Common Pleas of Allegheny County and ordered this case remanded to the Civil Service Commission of the City of Pittsburgh. Common Pleas held that appellee, a member of the Pittsburgh Fire Department had, as a matter of law, engaged in conduct unbecoming an officer. In so holding, Common Pleas reversed the Civil Service Commission and reinstated the decision of the Fire Trial Board.

Resolution of this case requires us to determine but one issue: did Common Pleas properly determine that appellee had engaged in conduct unbecoming an officer? We hold that it did. We thus reverse the order of Commonwealth Court and reinstate the order of Allegheny County Common Pleas.

I

The facts, as found by the Civil Service Commission, are straight-forward and not in dispute. On June 16, 1981, appellee Jones, a member of the Pittsburgh Fire Department, returned home from his shift at 7:30 A.M. to find his home burglarized and his stereo system stolen. Jones spoke with several neighbors and learned that the stereo was probably being hidden in an abandoned building behind [28]*28Jones’s house. Jones reported the theft to the police, and requested their help in retrieving his property. The police told Jones that because of lack of manpower, they could not stake out the building or accompany him to get his property. They told him to retrieve it 'himself.

Jones armed himself with a .22 caliber pistol and began searching the building. During the search, he was surprised by two boys1 who had returned. A scuffle .ensued, with one of the youths coming after Jones, the other running away from Jones. Jones opened fire, wounding both youths. The fleeing juvenile died from a shot in the back of the head.2

Jones himself admitted that the other wounded boy called him by name and asked for help. He responded by demanding to know where his stereo was. The wounded boy indicated it was in a green van parked outside the building. Jones stepped over him, went to the van and retrieved the stereo. Jones did not call for aid, and fled as police and paramedics, called by neighbors who saw the wounded boy, were arriving. Shortly thereafter, Jones turned himself in to the police and voluntarily gave a statement relating the incident.

On that record the Civil Service Commission concluded that Jones acted in self-defense and not in an unbecoming manner. We believe Jones’s prior conduct in arming himself before seeking self-help to right a personal wrong established his willingness to act violently and use deadly force in circumstances the law does not permit. Such conduct is conduct unbecoming an officer in the uniformed fire service as a matter of law.

The case received widespread publicity in the Pittsburgh area, focusing attention on Jones’s criminal trial and disci[29]*29plinary proceeding and on the Fire Department in general. The Fire Trial Board3 convened on July 1, 1981 to hear charges that Jones had violated Department of Fire Regulations 19.02, 19.03 and 19.04.4 Jones pleaded not guilty. At that time, charges of criminal homicide and aggravated assault were pending against Jones, and the City offered to postpone the hearing until after the criminal trial if appellee would agree to a suspension without pay. He refused, and the Board took testimony, adjourning without a decision, pending the outcome of appellee’s trial.

A jury acquitted Jones of all criminal charges. The Board then reconvened. The City offered to resolve the charges by allowing him to return to work without back pay, a total of some $8,000. The Board ultimately found Jones guilty of all charges of conduct unbecoming an officer, fined him $5,000 (to be covered by his back pay), and [30]*30returned him to work with the balance of his back pay restored. The mayor of Pittsburgh approved this recommendation pursuant to 53 P.S. §§ 23495 and 23496.

Jones appealed to the Civil Service Commission, which reversed the Trial Board and specifically held that he was not guilty of unbecoming conduct. The Commission ignored the evidence and admissions on what happened after the shooting and avoided any specific findings of fact on the post-shooting events. Allegheny County Common Pleas reversed, holding that he was guilty of unbecoming conduct as a matter of law. Commonwealth Court vacated Common Pleas’s order and remanded the case to the Commission for a finding of fact as to what occurred after the shooting. We granted the City’s petition for allowance of appeal, and now reinstate the order of Common Pleas Court.

II

Initially, we note that evidence of what transpired after the shooting was of record before the Commission and was made part of its record. Pursuant to 53 P.S. § 23496,5 the Trial Board record, containing evidence of what occurred both before and after the shooting as well as appellee’s statement to the police, was incorporated into the record of the Commission. The receipt of this record in evidence was in fact the first order of business disposed of at the Commission’s hearing. RR. 15-16. Thus, while the Decision of the Commission does not make specific findings of fact on Jones’s post-shooting conduct, compliance with 53 P.S. § 23496 made all relevant facts concerning it part of the [31]*31record before both the Commission and the courts which subsequently reviewed the case.

Nevertheless, we do not and need not determine these facts. Indeed, we should not because our scope of review is limited,6 and the findings of fact of the Commission are binding on appeal. The Commission, not this Court, is the fact finder. Foley v. Civil Service Commission of the City of Philadelphia, 55 Pa. Commonwealth Ct. 594, 423 A.2d 1351 (1980). The legal conclusions drawn by the Commission from its findings of fact are, however, subject to judicial review. Id. Moreover, the determination of what constitutes conduct unbecoming an officer is a question of law. Tomkiel v. Tredyffrin Township Board of Supervisors, 64 Pa. Commonwealth Ct. 418, 440 A.2d 690 (1982).

On the record in this case, we have no difficulty in concluding that appellee was guilty of conduct unbecoming an officer as a matter of law. We set forth the standard for determining conduct unbecoming in the case of Zeber Appeal, 398 Pa. 35, 156 A.2d 821 (1959):

Unbecoming conduct on the part of a municipal employee, especially a policeman or fireman, is any conduct which adversely affects the morale or efficiency of the bureau to which he is assigned. It is indispensable to good government that a certain amount of discipline be main[32]*32tained in the public service. Unbecoming conduct is also any conduct which has a tendency to destroy public respect for municipal employees and confidence in the operation of municipal services.

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Jones v. City of Pittsburgh, Department of Fire
476 A.2d 895 (Supreme Court of Pennsylvania, 1984)

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476 A.2d 895, 505 Pa. 25, 1984 Pa. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-city-of-pittsburgh-department-of-fire-pa-1984.