Delliponti v. DeAngelis

I respectfully dissent and would affirm the decision of the Commonwealth Court. Appellant’s status as an at-will employee was not altered by the Borough’s failure to implement a comprehensive personnel system pursuant to the Home Rule Charter. As noted in the Commonwealth Court opinion, the failure of a legislative body to enact implementing legislation does not confer rights on the parties who would be affected by the legislation. See DeAngelis v. Delliponti, 152 Pa. Commw. 518, 620 A.2d 35 (1993). Accordingly, because Appellant was not made a civil service employee, she did not acquire the…