S.M. Donahue v. PA DHS

── S.M. Donahue v. PA DHS ── Court: Commonwealth Court of Pennsylvania Date: May 15, 2026 Category: General IN THE COMMONWEALTH COURT OF PENNSYLVANIA Sean M. Donahue, : Petitioner : : No. 269 M.D. 2024 v. : : Submitted: May 6, 2025 Pennsylvania Department of Human : Services (Schuylkill County Assistance : Office), Pennsylvania State Civil : Service Commission, and Pennsylvania : Governor’s Office of Administration, : Respondents : OPINION NOT REPORTED MEMORANDUM OPINION PER CURIAM FILED: May 15, 2026 Sean M. Donahue (Petitioner), pro se, has petitioned this Court to review an adjudication of the State Civil Service Commission (Commission), which dismissed his appeal challenging his non-selection for appointment as an income maintenance caseworker with the Schuylkill County Assistance Office, Department of Human Services (Department). In its adjudication, the Commission concluded that Petitioner’s non-selection was not motivated by discrimination. Upon review, we affirm. Concurrently, Petitioner has petitioned this Court for declaratory relief related to the Department’s hiring processes and, in particular, the hiring preference given to veterans. Additionally, Petitioner has petitioned this Court for a writ of mandamus, in which he asks this Court (1) to compel the Pennsylvania Governor’s Office of Administration (OA) to reissue the list of eligible candidates for the caseworker position, which must include Petitioner, and (2) to compel the Department to “redo” its hiring process, hire Petitioner retroactively, and pay him backpay and the cash value of all benefits. In response, OA has filed preliminary objections in the nature of a demurrer, asserting that mandamus does not lie. Upon review, we sustain the preliminary objections and dismiss the mandamus claim with prejudice.1 I. BACKGROUND2 In December 2022, the Department posted a job vacancy in its Schuylkill County Assistance Office. In relevant part, the qualifications and requirements for this vacancy included a hiring preference for residents of Schuylkill County, a hiring preference for veterans,3 and a special recruitment option for employees of two out-of-county offices (White Haven Center and Polk Center) that were scheduled for closure and whose employees were to be furloughed. The posting for this vacancy indicated that non-county residents would be considered only if it was first determined there were no eligible county residents. Nevertheless, applications from non-county residents were accepted and included in the initial referral list compiled by OA. Petitioner was among those applicants 1 The Department has not filed preliminary objections. Although our disposition of OA’s preliminary objections results in the dismissal of Petitioner’s mandamus claim, which is directed to both OA and the Department, there is no pleading or motion before the Court that would permit us to address Petitioner’s claim for declaratory relief. 2 This background is derived from Petitioner’s pleadings and the adjudication issued by the Commission, as well as the broader record certified to this Court. To the extent Petitioner seeks relief in our original jurisdiction based on certain pleaded facts, we construe those facts in his favor; however, Petitioner is entitled to no such benefit regarding his appeal. See Pet. for Rev., 5/19/24; Comm’n’s Adjudication, 4/18/24. 3 Veterans’ preference refers to the Veterans’ Preference Act, 51 Pa.C.S. §§ 7101.1-7111, which provides veterans with certain advantages when seeking public employment. See generally Dep’t of Corr. v. Lynn, 306 A.3d 338 (Pa. 2023) 2 included in the initial referra