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DEFAZIO v. CIVIL SERVICE COM'N

756 A.2d 1103 (2000)

Peter R. DeFAZIO, Sheriff of Allegheny County v. CIVIL SERVICE COMMISSION OF ALLEGHENY COUNTY, D. Michael Fisher, Attorney General of Pennsylvania. Appeal of D. Michael Fisher, Attorney General of Pennsylvania.

Supreme Court of Pennsylvania.

Decided August 21, 2000.

Attorney(s) appearing for the Case

J. Bart DeLone, Lemoyne, for Atty. Gen.

George Janocasko for Civil Service Com'n.

John A. Barcharach, Pittsburgh, for Peter R. DeFazio.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is a direct appeal from the judgment of the trial court, pursuant to 42 Pa.C.S. § 722(7), deeming certain civil service legislation unconstitutional. The issue is whether the legislation, requiring sheriffs of second class counties to abide by certain hiring and promotion procedures and limiting the political activities of the sheriff's employees,1 violates the equal...

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