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Beckner v. State Civil Service Commission6/24/2002
Gordon Beckner petitions for review of the order of the State Civil Service Commission dismissing his appeal of his discharge from employment with Franklin County Children and Youth Services (CYS).
By letter dated August 16, 2000, the County removed Beckner from his position as Children and Youth Administrator 3 based on his conviction and incarceration for criminal contempt for violating a protection from abuse order in New York State; misuse of his administrative position by having a caseworker accompany him to New York on a personal matter; exercising poor judgment in arranging services for his son without notifying his superiors or court officials; and excessive use of County time and resources in pursuit of personal matters. (Commission Exhibit A.) Beckner served as Director of Franklin County CYS for 27 years under the supervision of the County's Human Services Administrator.
The facts as found by the Civil Service Commission are as follows. Beckner and his wife Susan separated in February 1996 and were divorced in September 1999. The Beckners have two children. Since the separation, Beckner has had custody of the couple's son, Tyler, who has severe emotional problems; Susan Beckner, who lives in Binghamton, New York, has had custody of the couple's daughter, Shea.
Sometime in 1999, Beckner consulted CYS caseworker Wayne Ott about problems he was having with his son Tyler, and unofficially, Ott began working with Tyler. Mr. Ott was indirectly under Beckner's supervision. In November 1999, pursuant to a petition filed by Ott, the Court of Common Pleas of the 39 th Judicial District, Franklin County Branch, placed Tyler under CYS supervision for a six-month period, and Ott officially opened a case file for Tyler. Also in November 1999, Susan Beckner sought and received an order of protection in New York State prohibiting Beckner from having any contact with her whether it be in person, in writing, by telephone, by third party, or otherwise.
In December 1999, Beckner left a message on his ex-wife's answering machine and subsequently placed an outgoing message on his own answering machine referring all creditors to his ex-wife's telephone number. In February and March 2000, Beckner appeared at a family court hearing in Binghamton, New York, on his alleged violation of the order of protection. Mr. Ott and Tyler accompanied Beckner to Binghamton, ostensibly because Ott had arranged a supervised visit for Tyler and the former Mrs. Beckner. Ott made no notation in Tyler's case file with respect to the hearing dates or about having scheduled a supervised visit between Tyler and Susan Beckner. On March 1, 2000, the New York family court found Beckner in willful violation of its order and sentenced him to serve six months in the county jail for contempt of court. Beckner was released the next day with his sentence suspended on the condition that he not violate the order of protection again.
When Ott's immediate supervisor learned that Tyler was receiving services from Franklin County CYS, he contacted the County's solicitor, who had also been contacted by the court of common pleas. In March 2000, the court transferred Tyler's case to Fulton County Services for Children and Youth.
Based on its findings, the Civil Services Commission concluded that Franklin County CYS established just cause for Beckner's removal. It concluded that CYS proved that Beckner was incarcerated for violation of the protective order, resulting in irreparable damage to his credibility and effectiveness in his administrative position; that Beckner misused his position by having caseworker Ott attend the New York hearing; and that Beckner exercised poor judgment in
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