Ambridge Borough School District

59 Pa. D. & C. 73, 1947 Pa. Dist. & Cnty. Dec. LEXIS 129
CourtPennsylvania Court of Common Pleas, Beaver County
DecidedMarch 24, 1947
Docketno. 141
StatusPublished

This text of 59 Pa. D. & C. 73 (Ambridge Borough School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Beaver County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ambridge Borough School District, 59 Pa. D. & C. 73, 1947 Pa. Dist. & Cnty. Dec. LEXIS 129 (Pa. Super. Ct. 1947).

Opinion

Sohn, J.,

The Board of School Directors of the Borough of Ambridge filed a petition for a declaratory judgment. In the petition it is averred that the budget for the school year 1946-1947 was adopted in May 1946. In December 1946 the professional employes of the school district presented a request to the school board for a cost of living increase in salary in the amount of $400 for each employe. Petitioners aver that they have made a thorough study of the budget and finances of the school district. This study discloses that petitioners can make available sufficient funds to grant an increase of $200 to eách professional employe, and $100 to the other employes of the school district. The funds alleged to be available are: (1) Additional tuition received and anticipated during the current fiscal year in the amount of $19,-623.87; (2) an unexpended balance of $5,313.78 in Department H-2 of the budget — improvement of grounds; and (3) an unexpended balance of $5,300 in Department H-5 — improvement, alterations of old buildings; a total of $30,237.67. The unexpended balances in Departments H-2 and H-5 are available because labor and materials for which the funds were appropriated are not available. The amount necessary to provide the salary and wage increase is $29,300. It is alleged in the petition that the increases cannot be granted without exceeding the adopted budget and appropriations. Petitioners aver they have been advised and informed that payment of such increases is without legal authority, and if made, petitioners would be subject to surcharge. Seven professional employes of the School District of the Borough of Ambridge join in [75]*75the prayer of the petition. The school directors and professional employes of the school district seek a declaratory judgment on the following questions:

1. Is the present high cost of living an emergency within the meaning of section 563 of the School Code of May 18,1911, P. L. 309, as amended, 24 PS §610?

2. May the board of school directors grant to the professional employes of said school district an increase in salary on account of the current high cost of living, which increase would cause the total appropriations contained in the budget for the current fiscal year to be exceeded?

3. May the board of school directors appropriate to the proper departments affected by the proposed increase the unanticipated revenue resulting from additional tuition fees, amounting approximately to $22,000?

4. May the board of school directors transfer the sum of $5,000 from Department H-2 and $3,000 from Department H-5, both of which sums will remain unexpended during the fiscal year of 1946-1947, to such other departments as may be affected by the proposed increase in salaries? (These amounts were shown by the testimony to be $5,313.78 and $5,300, respectively).

At the hearing on the petition, Dr. N. A. Smith, Superintendent of Schools of the School District of the Borough of Ambridge, testified. The testimony of Dr. Smith and the exhibits offered support the allegations in the petition, and we accept them as established facts in this case. Dr. Smith said he did not remember any discussion by the school board when the budget was adopted of the possibility of the Office of Price Administration being abolished. There was received in evidence a tabulation from Fishers’ Reports using 1926 as the basis of a normal price structure of 100. This tabulation shows the purchasing power of a dollar on May 27, 1946, about the time of the adoption of the [76]*76budget, at 83.7. This tabulation shows the purchasing power of a dollar on February 10, 1947, about the date of the hearing, at 66.3. There has been a decrease of 17.4 cents per dollar in purchasing power from the date of the adoption of the budget to the date of the hearing. We accept this as a correct statement of fact. There also appears of record a statement by the school solicitor that the Ambridge school district expects to retire a number of bonds and therefore an increase of salary and wages could be maintained without an increase in millage. Salaries were increased and the tax rate reduced during the previous fiscal year. The reduction in millage was possible because of the retirement of bonds. The lowest salary received by a professional employe is $1,800, and this salary is received by two teachers. There are approximately 140 professional employes and the average salary is more than $2,400. It appears of record that the members of the board of school directors are unanimously willing to grant an increase.

Although no question has been suggested by counsel as to the propriety of this proceeding, two preliminary questions must first be answered. The first is, do we have jurisdiction in this matter, under the Uniform Declaratory Judgments Act of June 18, 1923, P. L. 840? Section 2 of the act provides:

“Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise, and obtain a declaration of rights, status, or other legal relations thereunder.”

We are of the opinion that we can, under the act, assume jurisdiction of this petition. Since there is an [77]*77actual controversy, antagonistic claims and the assertion of a legal relationship, status, right or privilege, which was important to the parties, and for which no other remedy was available, or if available, was not being pursued by those persons involved, this is a proper case for the granting of relief by a declaratory judgment: Spencer, etc., v. Spencer et al., 47 D. & C. 192.

The second preliminary question is whether such proceeding is conclusive in the absence, as parties to the proceeding, of taxpayers of the Ambridge school district. Although recent decisions of the courts have enlarged the jurisdiction of the court to adjudicate cases under the Uniform Declaratory Judgments Act of June 18,1923, P. L. 840, it seems to us fundamental that all parties in interest should be parties to the proceedings. Mr. Chief Justice Moschzisker, in Kariher’s Petition (No. 1), 284 Pa. 455, said (pp. 471-472) :

“. . . that jurisdiction will never be assumed unless the tribunal appealed to is satisfied that an actual controversy . . . exists between parties, all of whom are sui juris and before the court, and that the declaration sought will be a practical help in ending the controversy : . . . and even then, such rights will not be determined unless all parties concerned in their adjudication are present and ready to proceed with the case (see section 11, of the act) so that the judgment rendered will make the issues involved res judicata in the full sense of that term.” (Italics supplied.)

In the instant case, the petition comes from public authorities and the questions presented involve the disposition of public funds. A declaratory judgment is available for the determination of the powers of governmental subdivisions and officers thereof: Mansfield Borough School District v. Mansfield High School Association, 9 D. & C. 113; Steelton School District’s Application, 31 Dauphin 75; Dunmore School District’s Petition, 25 Lack. 170; School District of Union Town[78]*78ship v. Walton et al., 19 Municipal Law Reporter 240; Martin v. School District, 83 Pitts. L. J. 58. We concur with Knight, P.

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Bluebook (online)
59 Pa. D. & C. 73, 1947 Pa. Dist. & Cnty. Dec. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ambridge-borough-school-district-pactcomplbeaver-1947.