Audit of Township of Falls 1957 to 1968

53 Pa. D. & C.2d 705, 1971 Pa. Dist. & Cnty. Dec. LEXIS 436
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJuly 9, 1971
Docketno. 1449
StatusPublished

This text of 53 Pa. D. & C.2d 705 (Audit of Township of Falls 1957 to 1968) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Audit of Township of Falls 1957 to 1968, 53 Pa. D. & C.2d 705, 1971 Pa. Dist. & Cnty. Dec. LEXIS 436 (Pa. Super. Ct. 1971).

Opinion

BODLEY, J.,

On or about February 29, 1968, the duly elected auditors of Falls Township, Bucks County, filed their report for the year 1967, as required by law. They found no fault with the financial operations of the township during the period in question. Certain contrary-minded citizens of the township, however, alleging that the auditors’ report was “inaccurate, invalid, misleading and untrue,” filed a timely appeal from the report and, after setting forth in abundant detail the alleged bases for the appeal, asked the court to declare null and void any and all invalid expenditures and sought to have the members of the board of supervisors and township treasurer surcharged for any such illegal expenditures.

We previously disposed of preliminary objections to the appeal filed on behalf of the supervisors (19 Bucks Co. L. Rep. 87, 1969) and, having thereafter [707]*707received testimony and certain stipulations of factual matters from the opposing parties, we now have the merits of the appeal before us for disposition.

As indicated above, the appellants have pointed to numerous alleged errors and omissions, many of which are, factually, somewhat complex and most of which would require much discussion of background information before each could individually be placed into proper perspective. Consideration of appellants’ bill of particulars, so to speak, would, therefore, be burdensome and would serve no useful purpose as will be shown in a moment. In large part, the facts are undisputed. Rather, the significant questions before the court relate to the legal consequences of the supervisors’ acknowledged acts of omission and commission which form the bases of the appellants’ complaints.

We believe that all of the arguably meritorious issues raised by the appellants can be considered and disposed of by the resolution of the following questions:

1. Is it lawful for a second class township to authorize expenditures in excess of its budget appropriations and revenue?

2. Is a township required to make its capital improvement loan installment payments on time?

3. Is a township required to pay off a tax anticipation loan as soon as sufficient revenues are in hand?

4. Did the supervisors of Falls Township exercise sound discretion in their contractual and fiscal dealings with a corporation engaged by the township to handle its waste disposal problems?

I. EXCESS EXPENDITURES

There is no doubt that the supervisors of Falls Township in the year 1967 authorized expenditures in excess of the amount budgeted and in excess of [708]*708the amount received by the township. The 1967 budget contemplated expenditures of $941,739.49 for governmental purposes. In point of fact, as reflected by the annual financial report which is the subject of this appeal, total expenditure for these purposes was $1,142,136.86. The supervisors thus authorized expenditures of $200,397.37 in excess of that sum which had been anticipated to be spent when the 1967 budget was prepared. It is also conceded that the sum spent exceeded total revenue receipts of the township for the year, $1,122,149.69. It is the view of appellants that the allegedly errant township supervisors should be surcharged and thus made personally liable to the township and directed to repay the total over-expenditure.

Directives relating to the fiscal management of a second class township are to be found in the Second Class Township Code of May 1, 1933, P. L. 103, art. IX, sec. 902, as amended by the Act of December 14, 1967, P. L. 816, sec. 4, 53 PS §65902.A. In relevant portion, the statute provides, with respect to the township’s budget, the following:

“(1) • • • Said budget shall reflect as nearly as possible the estimated revenues and expenditures of the township for the year for which the budget is prepared . . .

“(3) The total appropriation shall not exceed the revenues estimated as available for the fiscal year . . .

“(4) The supervisors may at any time by resolution make supplemental appropriations for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not otherwise appropriated, including the proceeds of any borrowing authorized by law. Such supplemental appro[709]*709priations may be made whether or not an appropriation for the same purpose was included in the original budget as adopted. . . .

“(5) The supervisors may by resolution transfer unencumbered moneys from one township account to another, . . . No money shall be paid out of the township treasury except upon appropriation made according to law” (Italics supplied.)

Appellants do not maintain that the sum mentioned above, although clearly in excess of the amounts budgeted, was spent for other than proper township purposes. Nor do they maintain that the supervisors or any of them have committed fraudulent, collusive, or otherwise dishonest acts. They insist, however, that the mere overspending on the part of the supervisors subjects them to surcharge in this action. Further, the appellants acknowledged that although the total governmental expenditures of $1,142,136.86 exceeded both the budget figure of $941,739.49 and the total revenue receipts of $1,122,149.69, all expenditures were authorized by the supervisors pursuant to resolutions duly adopted at properly advertised public meetings.

Section 545 of the Second Class Township Code, 53 PS §65545, provides for surcharge of officials in the following language:

“Any elected or appointed officer, whose act, error or omission has contributed to the financial loss of any township, shall be surcharged by the auditors with the amount of such loss, and the surcharge of any such officer shall take into consideration as its basis, the results of such act, error or omission and the results had the procedure been strictly according to law. The provisions hereof limiting the amount of any surcharge shall not apply to cases involving fraud [710]*710or collusion on the part of such officers . . .” (Italics supplied.)

and section 103, as amended, provides that:

“Any officer whose act or neglect has contributed to the financial loss of the township shall be surcharged by the auditors with the amount of such loss.” (Italics supplied.)

As required by law upon an appeal from an auditors’ report, we have reviewed the report de novo, and have considered all the accounts as if they were presented to us in the first instance. See In Re Canton Twp., Washington County (Draper Appeal), 412 Pa. 26 (1963).

The term “surcharge” is of ancient origin and has many present-day meanings. Historically, in the English common law “surcharge” meant “to put more cattle upon a common than the herbage will sustain or than the party had the right to do.” More nearly approaching modern day legal definitions of “surcharge” is the historical definition found in actions of equity: the proving of an “. . . omission of an item from an account which is before the court as complete, which should be inserted to the credit of the party surcharging ... It is opposed to the concept of [falsification].” See Bouvier’s Law Dictionary, 3rd Rev., 1914.

Webster’s Unabridged New International Dictionary, 2d Ed., 1957, attributes the same meaning to the word and in 83 C. J. S. surcharge is said to mean, generally, “. . .

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Draper Appeal
192 A.2d 727 (Supreme Court of Pennsylvania, 1963)
MASTRANGELO v. BUCKLEY
250 A.2d 447 (Supreme Court of Pennsylvania, 1969)
Rose Township v. Hollobaugh
116 A.2d 323 (Superior Court of Pennsylvania, 1955)
Lower Nazareth Township Supervisors' Appeal
19 A.2d 92 (Supreme Court of Pennsylvania, 1941)

Cite This Page — Counsel Stack

Bluebook (online)
53 Pa. D. & C.2d 705, 1971 Pa. Dist. & Cnty. Dec. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/audit-of-township-of-falls-1957-to-1968-pactcomplbucks-1971.