DeFazio v. Civil Service Commission

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is a direct appeal from the judgment of the trial court, pursuant to 42 Pa.C.S. § 722(7), deeming certain civil service legislation unconstitutional. The issue is whether the legislation, requiring sheriffs of second class counties to abide by certain hiring and promotion procedures and limiting the political activities of the sheriffs employees, 1 violates the equal protection principles of the Constitution of Pennsylvania, specifically Article III, § 32.

Sheriff DeFazio brought this action in equity seeking to enjoin Allegheny County from…