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PENNSYLVANIA DEPT. v. STATE CIV. (CLAPPER)

842 A.2d 526 (2004)

PENNSYLVANIA DEPARTMENT OF CORRECTIONS, Petitioner v. STATE CIVIL SERVICE COMMISSION (CLAPPER), Respondent.

Commonwealth Court of Pennsylvania.

Decided February 17, 2004.

Attorney(s) appearing for the Case

Michael J. McGovern, Camp Hill, for petitioner.

Gary L. Kelley, Harrisburg, for respondent.

BEFORE: FRIEDMAN, Judge, LEAVITT, Judge and MIRARCHI, Senior Judge.

OPINION BY Judge LEAVITT.

The Department of Corrections (Department) petitions for review of the adjudication of the State Civil Service Commission (Commission) sustaining the appeal of Sergeant Sean P. Clapper (Clapper) and overruling the Department's termination of Clapper's employment at the State Correctional Institution at Huntingdon (Huntingdon). The Commission concluded the Department did not meet its burden of proving a just cause for termination and, therefore...

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