Marino v. Commonwealth, 486 A.2d 1033 (Pa. Commw. Ct. 1985). · Go Syfert
Marino v. Commonwealth, 486 A.2d 1033 (Pa. Commw. Ct. 1985). Cases Citing This Book View Copy Cite
32 citation events (8 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) E. Clemens v. PSP & Lt. Col. L. Christie
Pa. Commw. Ct. · 2020 · confidence medium
Pipkin v. Pa. State Police, 693 A.2d 190, 193 (Pa. 1997) (emphasis added); accord Graham v. Pa. State Police, 634 A.2d 849, 851 (Pa. Cmwlth. 1993); Marino v. Pa. State Police, 486 A.2d 1033, 1034 (Pa. Cmwlth. 1985) (holding that a new cadet does not have a property interest in continued employment, and therefore, the legislature did not wish to afford cadets an opportunity to be heard thereby leaving the decision to terminate to the discretion of PSP without review by this Court).
discussed Cited as authority (rule) Graham v. Pennsylvania State Police
Pa. Commw. Ct. · 1993 · confidence medium
In Marino v. Pennsylvania State Police, 87 Pa.Commonwealth Ct. 40, 486 A.2d 1033 (1985), the petitioners were PSP cadets who were dismissed for cheating on exams, and we held that such cadets do not have a property interest in continued employment which is substantial enough to require a full evidentiary hearing in the form of a court martial before they could be dismissed.
cited Cited as authority (rule) Blanding v. Pennsylvania State Police
E.D. Pa. · 1992 · confidence medium
Marino, 486 A.2d at 1034 (footnotes omitted).
Retrieving the full opinion text from the archive…
Steven Marino
v.
Commonwealth of Pennsylvania, Pennsylvania State Police, Respondent George Havirlak v. Commonwealth of Pennsylvania, Pennsylvania State Police
Appeals, Nos. 1361 C.D. 1984 and 1362 C.D. 1984.
Commonwealth Court of Pennsylvania.
Jan 10, 1985.
486 A.2d 1033
Anthony G. Busillo, 11, Manche, Lightman S Wagner, for petitioners., Debra K. Wallet, Deputy Attorney General, with her, Gregory R. Neuhauser, Deputy Attorney General, Allen G. Warshaw, Senior Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General., Harold 1. Goodman, with him, Dyan M. Dyttmer, ■for Amicus Curiae, Keith Small, Azon Huff, Keith Barnet et al.
Barry, Colins, Craig, Crumlish, MacPhail, Maophail, Only, Rogers, Williams.
Cited by 16 opinions  |  Published

Opinion by

Judge Colins,

Petitioners, Steven Marino and George Havirlak, seek review of the decision of the Pennsylvania State Police to terminate their positions as Cadets.

Petitioners were notified by their platoon leaders in April 1984, after being Cadets since February 1984, that they were under investigation for allegedly cheating on examinations administered on March 28 and April 6, 1984. They were provided an opportunity to discuss the matter with the Director of Training. The State Police Disciplinary Officer and the Director of the Training Division recommended dismissal to the Director of the Bureau of Training and Education, who advised the Commissioner of the State Police. On April 12, 1984 petitioners were informed that they were dismissed.

Petitioners claim that they possess a property right to continued public employment and that the termina[*42] tion of their employ without a hearing is a violation of due process. We disagree.

Petitioners were probationary employees. Section 205(f) of the Administrative Code, 71 P.S. §65 (f), provides that:

All new cadets and troopers shall serve a probationary period of eighteen months from date of original enlistment during which time they may be dismissed by the commissioner for violations of rules and regulations, incompetency, and inefficiency without action of a court martial board or the right of appeal to a civil court.

State Police employees who are not on probation are entitled to a hearing with counsel before the Court-Martial Board, the opportunity to present evidence, to cross-examine witnesses, to receive findings of fact and proposed conclusions of law, and to have these proceedings transcribed before they can be dismissed.[1]

These widely divergent procedures indicate that the legislature wished to allow enlisted members a hearing before the Court-Martial Board and did not wish to afford new cadets and troopers this opportunity to be heard. Since this procedure has been followed, we see no reason to disturb it.

A claim of due process requires an underlying property interest. In the absence of a statutory provision to the contrary the State Police are subject to removal at the pleasure of the appointing power. “[A]n individual, to have a property interest justifying the protection of the due process clause, must ‘have more than a unilateral expectation of [continued public employment], ’ he must have ‘a legitimate claim of entitlement to it’.” DeWalt v. Barger, 490 F. Supp.[*43] 1262, 1274 (M.D. Pa. 1980), quoting Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972).

It is clear that once an enlisted member’s probationary period has expired, the trooper has an interest in his continued employment for which due process requires a hearing. Bolden v. Pennsylvania State Police, 371 F. Supp. 1096 (M.D. Pa. 1974). However, a cadet on probation although having some interest, is not entitled to the same procedures because this is not a substantial interest. “The principle that due process is fully applicable to adjudicative hearings involving substantial property rights before administrative tribunals is well established.” Soja v. Pennsylvania State Police, 500 Pa. 188, 193, 455 A.2d 613, 615 (1982) (citations omitted).

The record indicates that the matter of the cadets ’ alleged cheating was investigated and/or reviewed by the Disciplinary Officer, the Director of the Training Division, the Director of the Bureau of Training and Education, and finally the decision to dismiss was made by the Commissioner of the State Police. There has been no allegation by petitioners of malice toward them or improper investigatory procedures. In fact, the matter seems to have been subjected to careful review through several levels of State Police hierarchy. We see no reason to disturb their decision.

Affirmed.

Order in 1361 C.D. 1984

And Now, January 10, 1985, the order of the Pennsylvania State Police, dated April 12, 1984, is hereby affirmed.

Order in 1362 C.D. 1984

And Now, January 10,1985, the order of the Pennsylvania State Police, dated April 12, 1984, is hereby affirmed.

[*44] Judge Williams, Jr. and Judge MaoPhail concur in the result only.
1

71 P.S. §251 (b).