§ 7.173. Required action when an employe is formally charged with criminal conduct related to his employment with the Commonwealth or which constitutes a felony.
As soon as practicable after an employe has been formally charged with criminal conduct related to his employment with the Commonwealth or which constitutes a felony, the employe shall be suspended without pay. If the charge results in conviction in a court of law, the employe shall be terminated.
Source The provisions of this § 7.173 amended by Executive Order No. 1980-18, dated and effective May 16, 1984, 14 Pa.B. 2036. Immediately preceding text appears at serial page (55493).
Notes of Decisions Administrative Hearings
An at-will public employe does not have a property interest or privilege in continued employment such that the employe would be entitled to an administrative hearing on the dismissal from employment. Werner, Jr. v. Zazyczny, 681 A.2d 1331 (Pa. 1996).
Benefits for Work-Related Injury
Because § 7.173 requires suspension without pay and termination of employment, it was proper to terminate the employee’s benefits (that is wages) for her work-related injury. Since the Department’s actions were mandatory, and the employee no longer had any right to be paid wages of any sort by the employer, she had no property interest that required notice and a hearing prior to terminating those benefits. Roman v. Department of Corrections, 808 A.2d 304 (Pa. Cmwlth. 2002).
Constitutionality
The State did not violate the Due Process Clause of the Fourteenth Amendment by failing to provide a suspension notice or hearing prior to suspending a tenured public employe who had been arrested on criminal drug charges. Gilbert v. Homar, 117 S. Ct. 1807 (1997).
Construction with Statutes
The provisions of this Governor’s Executive Order did not take precedence over contrary statutory provisions. Department of Corrections v. Brumfield, 594 A.2d 852 (Pa. Cmwlth. 1991).
Suspension Proper
State employee under criminal indictment for felony was properly suspended under this regulation pending disposition of the charges. Boykin v. Bloomsburg University, 893 F. Supp. 378 (Pa. 1995); aff’d 91 F.3d 122 (3d) (Cir. 1996); cert. denied Mirin v. Eyerly, 117 S. Ct. 739, 136 L. Ed. 2d 678 (U. S. 1997).
Mine inspector’s felony conviction for copyright infringement could call into question the inspector’s integrity and adversely affect the inspector’s reputation with the general public with whom he dealt with and, therefore, the inspector was justly dismissed for just cause. Aiello v. Department of Environmental Resources, 551 A.2d 664 (Pa. Cmwlth. 1988).
Cross References This section cited in 4 Pa. Code § 7.171 (relating to procedures); and 4 Pa. Code § 39.12 (relating to criminal cases).
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