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Venesky v. Ridge

Where Governor of Pennsylvania filed preliminary objections to petition for review challenging petitioner's removal from appointed position as member of Game Commission, preliminary objections sustained; in absence of statutory language governing removal, the Governor, as appointing power, had authority to remove petitioner at will.

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Argued: December 5, 2001

Before the Court are preliminary objections in the nature of a demurrer filed by the Governor of Pennsylvania to George Venesky’s petition for review challenging his removal from the appointed position as a member of the Pennsylvania Game Commission.

According to the petition for review, Governor Ridge appointed Venesky to the office of Game Commissioner for the Seventh District*fn1 on June 9, 1998, and by letter of termination dated December 13, 2000 removed him from office. Venesky avers that the Game Commission is an independent administrative agency under the terms of 2 Pa. C.S. �101, that he was appointed pursuant to the Pennsylvania Game and Wildlife Code to an eight-year term. Venesky avers that the Governor exceeded his authority under the Pennsylvania Constitution, the Game and Wildlife Code, and the Administrative Code, which prevent the Governor from removing officers at will where the legislature has provided for a statutorily fixed term of office with staggered expiration dates.

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