Thomas v. Connell

Citations

• 264 Pa. 242
• 107 A. 691
• 1919 Pa. LEXIS 629

Syllabus

<p>Public officers — Removal—Cause — Insubordination and disrespect — Discretion—Cities of tlie second class — Act of May 28,1907, P. L. 206.</p> <p>1. The mayor of a city of the second class, may remove the incumbent of an office in the competitive class of the classified civil service, for insubordination and the use of profane and contemptuous language in reference to the mayor, without a hearing or trial, if he has complied with the provisions of Section 20 of the Act of May 23, 1907, P. L. 206, by furnishing such incumbent with a written statement of the reasons for his action, and given him an opportunity to answer in writing, and has filed with the civil service commission copies of such written statement and the answer thereto.</p> <p>2. What constitutes ample cause for removal within the limits fixed by the Act of 1907, must necessarily be largely a matter of discretion on the part of the head of the department. To be sufficient, however, the cause should be personal to the employee and such as to render him unfit for the position he occupies, thus making his dismissal justifiable, and for the good of the service. Insubordination and disrespect towards a superior are proper grounds for dismissal.</p>