Truitt v. Philadelphia

Citations

• 221 Pa. 331
• 70 A. 757
• 1908 Pa. LEXIS 487

Syllabus

<p>Municipalities — Cities of the first class — Public officer — Superintendent of squares — Removal from office — Civil service law — Act of March 5, 1906, P. L. 83.</p> <p>No officer, clerk, employee or laborer in the civil service of the city government of the city of Philadelphia can be appointed, transferred, reinstated, promoted or discharged in any manner or by any means, other than those provided in the Act of March 5, 1906, P. L. 83.</p> <p>The civil service Act of March 6, 1906, P. L. 83, relating to cities of the first class is a constitutional exercise of legislative power, and officials appointing to, or removing from, office or employment are required to comply strictly with the provisions of the statute. Neither the court nor the officials in whom is lodged the power of appointment and removal can have any concern with the policy of law, or the reasons for its enactment. These are questions which are solely for legislative consideration.</p> <p>The purpose of the legislature in passing the act was, as its title shows, “to regulate and improve the civil service of the cities” to which it applies, and thereby obtain for the city faithful and efficient employees and protect them from removal for religious or political reasons.</p> <p>The only ground which authorizes a removal from the service is a “just cause,” and before the employee can be deprived of his position that must be made to appear. The cause sufficient to warrant a removal must be personal to the employee and such as to render him unfit for the position which he occupies.</p> <p>Before the removing officer can exercise his authority to dismiss the employee from the service, he must state specifically in writing the cause or causes of the unfitness or incompetency of the employee to perform the duties of his appointment. This is a condition precedent, imposed by the statute before the removal can be made. It is mandatory, and the failure of the officer to observe this provision will render th