Opinion

Clites v. Township of Upper Yoder

  • 506 Pa. 349
  • 485 A.2d 724
  • 1984 Pa. LEXIS 360
Court
Supreme Court of Pennsylvania
Filed
Dec 18, 1984
Status
Published
Author
Hutchinson
On the bench
Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos
Cited by
9 cases

explaining that a board’s decision to terminate an officer is an official “adjudication” under the Local Agency Law, 2 Pa.C.S. §§ 551-555, 751-754

How later courts described this case

  • explaining that a board’s decision to terminate an officer is an official “adjudication” under the Local Agency Law, 2 Pa.C.S. §§ 551-555, 751-754
  • record did not support charge of conduct unbecoming an officer stemming from police chiefs destruction of log books that arguably served no purpose where there “was no evidence ... to indicate that the morale or efficiency of the police department had suffered as a result . . . nor was there evidence that . . . conduct had destroyed public respect for or confidence in the police department”

Written by the judges who cited it.

The opinion

HUTCHINSON, Justice,

concurring.

I agree that the record does not show sufficient evidence of wrongdoing within the meaning of Section 2 of the Police Tenure Act, 53 P.S. § 812, to support appellant’s discharge. Therefore, I concur in the result reached by the majority. However, because the case has been properly decided on the sufficiency of the evidence issue, I believe it is unnecessary to consider the propriety of Supervisor Glova’s participation both in the hearing on the charges against appellant and in the Board of Supervisors’ ultimate decision to dismiss him.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.