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IN THE OFFICE OF THE SECRETA OF EDUCATION COMMONWEALTH OF PENNSYLVANIA

IN THE OFFICE OF THE SECRETA OF EDUCATION COMMONWEALTH OF PENNSYLVANIA. RONALD J. WATTON Appellant v BOARD OF PUBLIC EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH Appellee. The Respondents :. BOARD OF PUBLIC EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH .

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IN THE OFFICE OF THE SECRETA OF EDUCATION COMMONWEALTH OF PENNSYLVANIA

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  1. IN THE OFFICE OF THE SECRETA OF EDUCATION COMMONWEALTH OF PENNSYLVANIA

    RONALD J. WATTON Appellant v BOARD OF PUBLIC EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH Appellee
  2. The Respondents: BOARD OF PUBLIC EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH The Petitioners: RONALD J. WATTON The electrical occupation teacher at the Connelly Skills Learning Center
  3. The case: The Board of Public Education of the School District of Pittsburgh dismissing RONALD J. WATTON from his position as an electrical occupation teacher at the Connelly Skills Learning Center. The District dismissed Mr. Watton on the grounds that he knowingly and persistently maintained his residence outside the territorial boundaries of the District in contravention of the District's residency requirement and in violation of the residency oath signed by him on September 22, 1981.
  4. FINDINGS OF FACT: Appellant, Mr. Watton, has been an employee of the Pittsburgh School District for approximately ten years October 15, 1990. -The District requires all employees hired after July, 1981 to maintain their permanent residence within the territorial boundaries of the District. October 15, 1990 -When hired, Watton signed an oath, dated September 22, 1981, representing that he resided at 964 Warington Avenue within the city of Pittsburgh and swearing that he would not knowingly remove his permanent residence from within the City of Pittsburgh at any time during his period of employment with the District.
  5. -Since at least January, 1981, Mr. Watton has lived at 248 Hays Road in Upper St. Clair, Pennsylvania, outside the territorial limits of the District.   -Since at least April 7, 1981, Mr. Watton has owned the real estate at 248 Hays Road, Upper St. Clair. -Mr. Watton has paid taxes on the real estate at 248 Hays Road since at least April 7, 1981. -In the telephone directory, Mr. Watton's address is listed as 248 Hays Road. -Mr. Watton*s address registered with the Pennsylvania Bureau of Motor Vehicles is 248 Hays Road, Upper St. Clair. -Mr. Watton has received mail at 248 Hays Road for at least the past ten years. Tr. at 56.
  6. -Mr. Watton has never owned or leased the real estate at 964 Warington Avenue. -The real estate located at 964 Warington Avenue is owned by Mr. Wotton's sister and her husband. -Sometime during the Spring of 1990, Mr. Watton submitted 248 Hays Road as his address to the District's health services office and, thus, the District became aware that Mr. Watton did not live within its territorial limits -By letter dated August 29, 1990, Mr. Watton was notified that the District Superintendent was recommending his dismissal from employment with the District for violating Section 11 1122 of the Public School Code of 1949, as amended. See certified record of dismissal hearing before the Pittsburgh Board of Public Education dated October 15, 1990.
  7. -More specifically, Mr. Watton was charged with knowingly and persistently maintaining his residence outside the territorial boundary of the City of Pittsburgh in contravention of the rules of the District and his residency oath of September 22, 1981. -On October 15, 1990, a hearing was held before the Pittsburgh Board of Public Education regarding the charges against Mr. Watton. -On December 19, 1990, the District ordered that Mr. Watton be dismissed from his employment, effective December 21, 1990. -On January 9, 1991, Mr. Watton appealed the December 19, 1990 decision to the Secretary of Education.
  8. Secretary of Education Decision In September, 1991, the appeal of Ronald J Watton is hereby dismissed. Watton was dismissed because he " knowingly and persistently maintaining his residence outside the territorial boundary of the City of Pittsburgh in contravention of the rules of the District.11 Pennsylvania courts have held that the violation of a school district's rules and policies11 constitutes a violation of the school laws of this Commonwealth under Section 11-1122. Thus, violation of the District's residency requirement is a proper ground for dismissal under the Public School Code.12
  9. The District's residency requirement is part of itsteachers1 collective bargaining agreement, Watton argues that, under Pennsylvania law, he cannot be dismissed for violating such an agreement. Resolving the propriety of dismissal for violation of a bargaining agreement is not necessary here, however, because the District's residency policy is also reflected in the residency oath signed by Mr. Watton and all District employees prior to employment. Because we find that Mr. Wotton's violation of the residency requirement constitutes a proper reason for termination, we decline to address whether his actions constitute immorality or persistent negligence under Section 11-1122.
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