In Ambron, four police detectives challenged their transfer from the district attorney's office to the Philadelphia police department.Summary of this case from Flora v. Luzerne Cnty.
Argued April 4, 1983
April 27, 1983.
Argued April 4, 1983, before Judges ROGERS, WILLIAMS, JR. and BARBIERI, sitting as a panel of three.
Appeals, Nos. 1840 C.D. 1981 and 1841 C.D. 1981 from the Order of the Court of Common Pleas of Philadelphia County in cases of Al Ambron, Robert Barrett, Oscar Bowen and Joseph Kelly v. Lewis Taylor, Personnel Director and Edward G. Rendell, District Attorney, No. 4774 October Term, 1978 and in case of Al Ambron, Robert Barrett, Oscar Bowen and Joseph Kelly v. Philadelphia Civil Service Commission, No. 120 July Term, 1978.
Employees transferred from office of District Attorney to Police Department by City of Philadelphia. Employees appealed to the Court of Common Pleas of Philadelphia County. Employees ordered reinstated to former positions. DOTY, J. City and District Attorney appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
John M. Myers, Deputy City Solicitor, with him Alan J. Davis, City Solicitor, and Jonathan K. Stubbs, Assistant City Solicitor, for appellants.
John W. Morris, for appellees.
These are consolidated civil service appeals by the Philadelphia Civil Service Commission, the City's Personnel Director and the District Attorney from an order of the Court of Common Pleas of Philadelphia County which directed the appellants to reinstate the appellees to their former positions with the District Attorney's office. We affirm the order of the common Pleas court on the opinion of Judge DOTY reported at ___ Pa. D. C.3rd ___ (____).
The appellants argue that the case is now moot as to three of the four appellees because those appellees are no longer in the employ of the city, having subsequently resigned from the positions to which they were transferred by the disputed personnel action. We disagree; unlike the civil servant in Magnelli v. Pennsylvania State Civil Service Commission, 55 Pa. Commw. 531, 423 A.2d 802 (1980), these appellees are not incapable of reinstatement.
AND NOW, this 27th day of April, 1983, the order of the Court of Common Pleas of Philadelphia County in the above-captioned matters are hereby affirmed.