Department of Environmental Resources v. Galant

I respectfully dissent on two separate bases.

Assuming that the Omelchenko standard applies, only if the appointing authority’s charges are not made out may the Commission modify the appointing authority’s action. The majority notes that DER’s charge that Galant was absent without leave on at least forty occasions was unsubstantiated by the evidence on record. DER also alleged before the Commission that Galant had improperly discussed life insurance with five workers during working hours. The Commission found that only one improper discussion occurred. It is clear that the Commission did not…