PHILADELPHIA v. FOP, LODGE NO. 5


132 Pa.Commw. 631 (1990)

574 A.2d 123

CITY OF PHILADELPHIA and Orville W. Jones, Appellants, v. FRATERNAL ORDER OF POLICE, LODGE NO. 5 and Richard B. Costello and Joseph Campana, Appellees.

Commonwealth Court of Pennsylvania.

Decided April 30, 1990.


Attorney(s) appearing for the Case

Ralph J. Teti, Chief Deputy City Sol., with him, Susan Shinkman, Divisional Deputy City Sol., for appellants.

A. Martin Herring, A. Martin Herring & Associates, with him, Anthony J. Molloy, Jr., Molloy & McGill, Philadelphia, for appellees.

Michael Churchill, Philadelphia, for amicus curiae, The Guardian Civic League, Inc.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.


CRAIG, Judge.

The question of law posed in this case is whether the City of Philadelphia may rank police officer candidates on a civil service eligibility list on the basis of a random selection by computer, rather than upon the basis of test grades, where the city's Home Rule Charter requires the names of successful candidates on eligible lists to be "in the order of their relative excellence," and civil service regulations state that test grades are to be used to...

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