IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Sandra L. Tate-Burns, :

: No. 1304 C.D. 2015

Petitioner : Submitted: June 3, 2016

:

v. :

:

State Civil Service Commission :

(Erie County Office of Children :

and Youth), :

:

Respondent :

BEFORE: HONORABLE P. KEVIN BROBSON, Judge

HONORABLE MICHAEL H. WOJCIK, Judge

HONORABLE JAMES GARDNER COLINS, Senior Judge

OPINION NOT REPORTED

MEMORANDUM OPINION 

BY JUDGE WOJCIK FILED: November 10, 2016

Sandra L. Tate-Burns (Petitioner), pro se, petitions for review of an 

order of the State Civil Service Commission (Commission) dismissing her appeal 

of a one-day disciplinary suspension from employment with the Erie County 

Office of Children and Youth (Appointing Authority). Petitioner contends that the 

Appointing Authority did not establish good cause and her suspension was based 

on discriminatory reasons. Discerning no error, we affirm.

Petitioner is employed as a County Caseworker 2 by the Appointing 

Authority, where she has worked for the last 24 years. By letter dated May 30, 

2014, the Appointing Authority notified Petitioner that it was suspending her for 

one day from her position for “failure to follow through with . . . directives and 

procedure regarding Attendance on Demand,” which “caused additional work for 
2

other county employees.” Commission Adjudication, 5/26/15, Findings of Fact 

(F.F.) No. 1; Certified Record (C.R.), Commission Exhibit A. 

Petitioner appealed the one-day suspension to the Commission. She 

alleged her suspension was without adequate justification under Section 803 of the 

Civil Service Act (Act).

1

 She claimed her suspension was the result of prohibited 

race and age discrimination in violation of Section 905.1 of the Act.2 

Hearings were held before a Commission hearing officer.3 The issues 

before the hearing officer were whether the Appointing Authority demonstrated 

good cause to impose a one-day suspension on Petitioner for not following its time 

and attendance procedures and whether it suspended Petitioner for discriminatory 

reasons. In support of the disciplinary action, the Appointing Authority presented 

the testimony of Petitioner’s immediate supervisor, Shatoia Carroll (Supervisor), 

and its Administrator of Clinical Ongoing Services, Mary Jo Cline (Administrator). 

Petitioner testified on her own behalf. 

With regard to whether the Appointing Authority demonstrated good 

cause for the suspension, the Commission found that in Petitioner’s 2011, 2012, 

and 2013 annual reviews, the Appointing Authority rated her performance as 

“needs improvement.” F.F. No. 10. In September 2013, the Appointing Authority 

changed Petitioner’s supervisor to Supervisor because she is highly organized and 

the Appointing Authority believed she could help Petitioner catch up on her work. 

In July 2013 and November 2013, the Appointing Authority provided Petitioner 

 

1 Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §741.803.

2 Added by the Act of August 27, 1963, P.L. 1257, 71 P.S. §741.905a. 

3

Petitioner was represented by counsel in the proceedings before the Commission. 
3

with corrective action plans to help her bring her paperwork up to date. Thereafter, 

the Appointing Authority reduced her caseload from 13 cases to 9. At the time, the 

average caseload for caseworkers was 13. F.F. Nos. 8, 10-12.

In 2014, the Appointing Authority formally warned Petitioner for not 

following its policies and directives. Specifically, on February 3, 2014, the 

Appointing Authority issued Petitioner a first level disciplinary warning for:

Not following through with agency policy for case note 

documentation and poor casework practice, specifically, 

not returning phone calls, not responding to emails, 

missing scheduled home visits and meetings, and not 

satisfying requests for documentation on your cases. The 

Case Note Documentation Policy states that all contacts 

need to be documented in CAPS within five business 

days of the contact date. You failed to do this on four of 

your eight cases. The CAPS notes on these cases were 

entered 11 to 14 days after the contact dates. It is 

important to follow agency policies and demonstrate 

acceptable casework practice. Not following this policy 

and poor casework practice could jeopardize children's 

safety.

F.F. No. 13. In March 2014, the Appointing Authority issued a second level 

disciplinary warning for: 

Agency policy, directives from a Supervisor, and, 

specifically, not satisfying requests for documentation, 

delaying permanency for children on your case, the 

inability to prioritize, and ineffective communication. It 

is important to follow State Regulations [and] agency 

policies and demonstrate acceptable casework practice. 

Not following these regulations [and] policies and poor 

casework practice could jeopardize children's safety. 

F.F. No. 15. 

Then, in May 2014, the Appointing Authority issued third level 

discipline in the form of a one-day suspension because Petitioner again did not 
4

follow its directives and procedures. This time, the policy pertained to time and 

attendance and the utilization of a new software program, known as Attendance on 

Demand (AOD). In 2012, the Appointing Authority implemented the AOD

program to track employee time and attendance. It expected employees to use the 

software to punch in and punch out, request leave, and request overtime approval 

before working overtime. The Appointing Authority provided employees with 

written instructions, and it offered them training for the program. However, 

Petitioner did not use the AOD program to punch in or out; she did not submit her 

timecard for approval; she worked overtime without permission; and, she did not 

reconcile leave time and work time. Her noncompliance caused additional work 

for other employees. F.F. Nos. 1, 16-19.

With regard to Petitioner’s claims that her suspension was motivated 

by discrimination and retaliation, the Commission found that Petitioner and 

Supervisor are both African-American.4 Petitioner testified that she and Supervisor 

had a disagreement over court summaries. Petitioner was supposed to submit a 

draft court summary to Supervisor by October 31, 2013, which was due in court by 

November 4, 2013. She did not submit the draft until November 7, 2013. 

Petitioner was on leave until January 2014. Consequently, Supervisor revised her

draft, made inaccurate changes, and submitted it to the court. Petitioner objected 

to the changes made. On February 5, 2014, Petitioner complained to Administrator 

and accused Supervisor of making false statements and exaggerations. She

requested reassignment to a new supervisor. She received her first level discipline 

around that same time. F.F. Nos. 4, 6, 20-36. 

 

4

Petitioner disputes Supervisor’s ethnicity claiming she is biracial, not AfricanAmerican. See F.F. 6 n.1; Petitioner’s Brief at 11; Notes of Testimony, 9/29/14, at 127.
5

Ultimately, the Commission found the testimony of Supervisor and 

Administrator credible. The Commission found the Appointing Authority met its 

burden of showing that Petitioner failed to follow its time and attendance 

procedures. Her failure to comply hampered and frustrated the execution of her 

duties and thus provided good cause for her one-day suspension. Commission 

Adjudication at 18, 19.

With regard to Petitioner’s discrimination claims, the Commission 

found Claimant did not meet her burden of establishing discrimination. Claimant 

testified she is African-American, but she did not offer any testimony regarding her 

age. She did not testify regarding her time and attendance. She did not offer any 

evidence showing that the Appointing Authority treated her differently by 

suspending her for failure to comply with the time and attendance procedures from 

any other employee who did not comply. Commission Adjudication at 20-21.

Insofar as Petitioner asserted her suspension was in retaliation for her 

objections to Supervisor’s changes to the court summary, the Commission 

determined she proved a prima facie case. Petitioner produced evidence, if 

believed, that Supervisor improperly changed her court summary, and Petitioner

complained about it to Administrator. Petitioner testified the first level discipline 

was the first she received in 24 years and it was issued shortly after she complained 

to Administrator about Supervisor. Although Petitioner’s evidence was “not 

overwhelming,” the Commission found that it was “enough to meet her burden of 

establishing a prima facie case of discrimination.” Commission’s Adjudication at 

21. 

Notwithstanding, the Commission found the Appointing Authority

met its burden of proving a legitimate, nondiscriminatory reason for its suspension. 
6

Based on the credible testimony of the Appointing Authority’s witnesses, the 

Commission found the Appointing Authority’s decision to suspend Petitioner did 

not represent retaliation in response to her complaint about Supervisor regarding 

the court summary. The Commission explained that while Petitioner may have 

received her first discipline on February 3, 2014, she received a rating of “needs 

improvement” on her annual review for the previous three years. In 2013, the 

Appointing Authority assigned Supervisor to oversee Petitioner to help her with 

her caseload. Although Administrator acknowledged Petitioner requested a change 

in supervisor on February 5, 2014, Administrator credibly denied that Petitioner 

complained to her about Supervisor’s amendment to her court summary. 

Moreover, the Commission found the sequence of events supported discipline 

related to her work, and not her objections to Supervisor’s corrections. Insofar as 

Petitioner’s testimony differed from Appointing Authority’s witnesses, the 

Commission found the latter more credible.

Based on the credited evidence, the Commission concluded the 

Appointing Authority suspended Petitioner solely for the legitimate, 

nondiscriminatory reason that she failed to comply with its time and attendance 

procedures. Accordingly, the Commission dismissed Petitioner’s appeal. 

Petitioner now petitions this Court for review.5 Petitioner raises two 

issues. First, she contends the Commission erred because the record lacks 

evidence supporting good cause for her suspension. Second, she asserts that

 

5 Our review of Civil Service Commission adjudications is limited to a determination of 

whether constitutional rights have been violated, whether errors of law have been committed, or 

whether the findings of the agency are supported by substantial evidence. Section 704 of the 

Administrative Agency Law, 2 Pa. C.S. §704; Woods v. State Civil Service Commission, 

912 A.2d 803, 808 (Pa. 2006). 
7

evidence supports her claim that the Appointing Authority suspended her for 

discriminatory reasons. 

1. Good cause

In civil service cases, the Commission is the sole finder of fact. Perry 

v. State Civil Service Commission (Department of Labor and Industry), 38 A.3d 

942, 948 (Pa. Cmwlth. 2011). “As such, determinations as to witness credibility 

and resolution of evidentiary conflicts are within the Commission's sole province 

. . . .” Id. This Court will not reweigh the evidence or substitute judgment. Id. 

When reviewing a Commission decision, we view the evidence, and all reasonable 

inferences arising from the evidence, in a light most favorable to the prevailing 

party. Id.

We first examine Petitioner’s claims that Appointing Authority lacked 

good cause for the suspension. Section 803 of the Act provides that a disciplinary 

suspension without pay of a classified employee in the civil service must be for

“good cause.” 71 P.S. §741.803. It is the appointing authority’s burden of 

showing that the employee was suspended for good cause. Hargrove v. State Civil 

Service Commission, 851 A.2d 257, 260 (Pa. Cmwlth. 2004); Shade v. State Civil 

Service Commission (Department of Transportation), 749 A.2d 1054, 1057 

(Pa. Cmwlth.), appeal denied, 764 A.2d 52 (Pa. 2000). 

Although the Act does not define the term “good cause,” the attendant 

regulations offer guidelines as to what constitutes good cause. Woods v. State Civil 

Service Commission, 912 A.2d 803, 810 (Pa. 2006). Specifically, Section 101.21 

of the Commission’s regulations provides that good cause for suspension includes:

(1) Insubordination.

(2) Habitual lateness in reporting for work.
8

(3) Misconduct amounting to violation of law, rule or 

lawful and reasonable Departmental orders.

(4) Intoxication while on duty.

(5) Conduct either on or off duty which may bring the 

service of the Commonwealth into disrepute.

(6) Similar substantial reasons.

4 Pa. Code §101.21; accord Salvati v. Department of Public Welfare, 474 A.2d 

399, 401 (Pa. Cmwlth. 1984). 

In addition, this Court has held that “good cause” must relate to an 

“employee's competence and ability to perform his or her job duties,” or “must 

result from conduct that hampers or frustrates the execution of the employee's 

duties.” Bruggeman v. State Civil Service Commission (Department of 

Corrections, SCI–Huntingdon), 769 A.2d 549, 553 (Pa. Cmwlth. 2001) (citations 

omitted); Shade, 749 A.2d at 1057. “[T]he criteria must be job related and in some 

rational and logical manner touch upon competence and ability.” Shade, 749 A.2d 

at 1057. However, “[n]o person shall be suspended because of race, gender, 

religion or political, partisan or labor union affiliation.” 71 P.S. §741.803. 

Here, the Commission found that the Appointing Authority 

established its record and timekeeping policy and that Petitioner did not follow this 

policy on multiple occasions. It also found that Appointing Authority previously 

warned Petitioner about not following its directives and policies. The 

Commission’s findings are supported by substantial evidence. Administrator 

testified the Appointing Authority implemented AOD in 2012, provided 

instructions on the program and offered training to all employees, including 

Petitioner. Commission Hearings, 8/12/14 and 9/29/14,6 Notes of Testimony 

 

6

The pagination reflects the combined transcripts for both hearings. 
9

(N.T.) at 16, 18. Administrator testified regarding an employee’s responsibilities 

under AOD: 

They need to punch in and punch out daily. They need to 

submit requests for time off, comp time, personal leave, 

sick time, vacation, whatever time that may be. If they 

need to work overtime, they need to let their supervisor 

know to get a prior approval for that.

Id. at 18-19. 

Supervisor testified Petitioner was aware of the AOD program and she 

did not exhibit any difficulties using the program after implementation. N.T. at 73. 

However, in 2013, issues arose. Id. Supervisor described the following problems: 

I was having issues with her requesting time off, letting 

me know how she wanted overtime, either comp or paid 

overtime. I was having issues with her working overtime 

without permission. I was having issues with her 

punching in and punching out. I was having issues with 

her submitting AOD timecard or approving it in a timely 

manner. I was also having issues with her requesting 

days off and vacation days. 

Id. at 74-75. She explained that Petitioner:

would request a day off, and come into work and work, 

and not punch out so they [sic] would look like a 

vacation day, where she’s actually in the office. And then 

she wouldn’t reconcile her AOD with me, so I had no 

way to really show, you know, were you at work or were 

you not at work. 

Id. at 75. Supervisor testified these issues caused additional work for her. Id.

The Appointing Authority suspended Petitioner for one day without 

pay as part of its progressive discipline policy. Administrator testified that, prior to 

this suspension, the Appointing Authority had other issues with Petitioner. N.T. at 

24. In February 2014 and March 2014, Appointing Authority issued first and 
10

second level disciplinary warnings for not following agency policies and 

directives. C.R., Appointing Authority Exhibit 3. Prior to that, in 2013, the 

Appointing Authority issued two corrective action plans because Petitioner fell 

behind on her paperwork. N.T. at 23, 53-54. In the 2011, 2012, and 2013 annual 

reviews, Appointing Authority rated Petitioner’s performance as “needs 

improvement.” N.T. at 25; see id. at 58. Although the merit of the prior discipline 

was not subject to review at the hearing, it showed the Appointing Authority 

followed the standard, progressive procedure by issuing a one-day suspension for 

the third violation. 

Petitioner did not deny or otherwise defend her noncompliance with 

the record and timekeeping policy on the AOD system. Petitioner’s failure to 

follow the record and time policy clearly related to her ability and competence to 

perform her job duties. Upon review, the Appointing Authority met its burden of 

proving good cause for suspending Petitioner. 

2. Discrimination

Next we turn to Petitioner’s claim of discrimination. Section 905.1 of 

the Act provides, in relevant part, that “[n]o officer or employe of the 

Commonwealth shall discriminate against any person in ... retention or any other 

personnel action with respect to classified service because of ... race ... or other 

non-merit factors.” 71 P.S. §741.905a. An employee asserting discrimination 

under the Act must present some affirmative evidence in support of that allegation, 

and the Commission may not infer discrimination. Bruggeman, 769 A.2d at 553. 

When claiming disparate treatment, the employee must demonstrate that she was 

treated differently than other employees similarly situated. Id. If the employee 
11

meets this burden, “the employer must demonstrate a non-discriminatory reason 

for its conduct.” State Correctional Institution at Pittsburgh v. Weaver, 606 A.2d 

547, 549 (Pa. Cmwlth. 1992). 

Here, with respect to age discrimination, Petitioner did not offer any 

evidence regarding her age. As for her claims of racial discrimination, Petitioner is 

African-American, but so too is the Supervisor who issued the suspension. 

Significantly, Petitioner offered no evidence that Appointing Authority treated her 

differently than any other employee who did not comply with the AOD procedures. 

Although the Commission found Petitioner met a prima facie case based on the 

fact that her suspension occurred close in time to her disagreement with Supervisor 

over the court summary, as discussed above, the Commission found the 

Appointing Authority demonstrated nondiscriminatory, good cause reason for the 

suspension. Reviewing the record in light of the Commission's credibility 

determinations, we conclude that the Commission did not err in concluding the 

suspension was for the legitimate, nondiscriminatory reason that Petitioner violated 

its directives and procedures regarding AOD. 

Accordingly, we affirm. 

MICHAEL H. WOJCIK, Judge
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Sandra L. Tate-Burns, :

: No. 1304 C.D. 2015

Petitioner : 

:

v. :

:

State Civil Service Commission :

(Erie County Office of Children :

and Youth), :

:

Respondent :

O R D E R

AND NOW, this 10th day of November, 2016, the order of the State 

Civil Service Commission, dated May 26, 2015, is AFFIRMED. 

__________________________________

MICHAEL H. WOJCIK, Judge