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Housing Authority V. Pennsylvania State Civil Service Commission

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eBook details

  • Title: Housing Authority V. Pennsylvania State Civil Service Commission
  • Author : Pennsylvania Supreme Court
  • Release Date : January 30, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 92 KB

Description

This Court granted review of this matter in order to decide whether the Commonwealth Court erred by holding that the State Civil Service Commission ("Commission") has standing to enforce the veterans' preference provisions of the Military Affairs Act, 51 P.S. §§ 7101 et seq., at its own initiative; and whether the Commission erred by determining that the Housing Authority of the County of Chester ("Housing Authority") violated the Military Affairs Act when it refused to offer the job of Executive Director 3, a civil service merit system position, to the lone veteran candidate among the group of the three highest ranked certified eligible candidates. For the reasons that follow, we find that the Commission has the authority to enforce the Military Affairs Act at its own initiative, that the Commission correctly determined that the Housing Authority violated the Military Affairs Act by selecting a non-veteran candidate to fill its Executive Director position under these circumstances, and that the relevant provisions of the Military Affairs Act comport with the United States and Pennsylvania Constitutions. Accordingly, we affirm in part and reverse in part the decision of the Commonwealth Court.


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