Pennsylvania Department of Corrections v. State Civil Service Commission

Dissenting Opinion by

Judge FRIEDMAN.

I respectfully dissent. In this appeal, the State Civil Service Commission (Commission) determined that Sean P. Clapper’s (Clapper) failure to follow proper procedures “reflected'] on his ability to properly execute his duties as a correction officer” but, nevertheless, concluded that the Department of Corrections (Department) did not have just cause to terminate *534Clapper. (R.R. at 227.) The majority agrees, concluding that because Clapper’s conduct showed only “bad judgment,” the Commission had statutory authority to modify the discipline and impose a…