McGrath v. Staisey

In McGrath v. Staisey, 433 Pa. 8, 249 A.2d 280 (1968), our Supreme Court held the promotion provision of the Second Class County Code required the civil service commission to promote the highest scoring applicant on a written examination. The then-extant promotion provision of the Second Class County Code and the promotion provision of the current Borough Code are nearly identical. Our Supreme Court reasoned the plain meaning of the Second Class County Code required promotion of the top-scoring candidate. "Since the act states that merit is to be the sole criterion for promotion, there is no reasonable manner in which the statute can be read to authorize the use of criteria other than those in the test." McGrath, 433 Pa. at 11, 249 A.2d at 281. Thus, there was no discretion to choose among the three highest scoring candidates in the promotion context. Our Supreme Court found further support for its conclusion in another section of the Second Class County Code that explicitly allowed the discretion to choose from a list of the three highest scoring applicants when making an original appointment. Id.