Audit Report of Bristol 1967

57 Pa. D. & C.2d 18, 1972 Pa. Dist. & Cnty. Dec. LEXIS 424
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedFebruary 15, 1972
Docketnos. 380, 381, 1261 and 1396
StatusPublished
Cited by1 cases

This text of 57 Pa. D. & C.2d 18 (Audit Report of Bristol 1967) 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 Report of Bristol 1967, 57 Pa. D. & C.2d 18, 1972 Pa. Dist. & Cnty. Dec. LEXIS 424 (Pa. Super. Ct. 1972).

Opinion

LUDWIG, J.,

On April 24,1968, the elected Auditors of Bristol Township filed their financial report for the year 1967. The report surcharged each of the 10 township commissioners in the sum of $3,450.80 and the treasurer-tax collector in the sum of $62,247.70. It also reported a year-ending negative balance of $29,739.16 in the township’s treasury. Four appeals followed and are consolidated in this proceeding.

Seven commissioners joined together in one appeal (no. 380); and the remaining three commissioners joined in another (no. 1306); the treasurer-tax collector filed separately (no. 381); and the board of commissioners, for the township, appealed from the finding of the treasury deficit.

FINDINGS OF FACT

1. Bristol Township was in 1967 and continues to be a first class township.

2. The following were the Commissioners of Bristol Township in 1967: Richard Bonner, Walter L. Corson, Harry Fawkes, Richard Heirling, Jerry Powell, Jack Ward and Charles Worthington, who joined in appeal no. 380; and James N. Kline, Anthony J. Melio and Arthur B. Reinholt, who joined in appeal no. 1396.

3. The auditors in their financial report for the year 1967 surcharged each of the above-named township commissioners in the sum of $3,450.80 by disallowing the following items of payment made by the township:

[20]*20(a) $140.90 to the “Buckingham Room” by check no. 30, dated January 18, 1967;
(b) $765 to Norman s Stationery by check no. 38, dated January 18, 1967;
(c) $2,500 to Mike Levine Associates by check no. 68, dated October 5,1967; and
(d) $44.90 to Joy Hosiery Shop by check no. 69, dated November 18,1967.

4. These four checks were drawn on an account known, inter alia, as the “Building Sinking Fund” or “Municipal Building Fund” or “Special Revenue Fund,” and referred to below as the “Building Fund.”

5. The payment to the Buckingham Room represented the cost of a luncheon reception held for officials from neighborhoring municipalities following a ribbon-cutting ceremony in dedication of the township’s new highway garage in the fall of 1966. The highway garage was part of same complex as the municipal building.

6. The payment to Norman’s Stationery represented the cost of 10 filing cabinets for the use of the township commissioners during their terms of office. As initially planned, these cabinets were to be kept in the conference room of the municipal building and were part of a larger purchase of furniture for that building. Thereafter, the board of commissioners unanimously agreed to have the cabinets situated in their homes to be returned to the township when each of them left office.

7. The payment to Mike Levine Associates represented the cost of public relation services for the dedication of the new municipal building on September 30, 1967, including the publication of a brochure for this occasion and the coordination of the dedication program at 10:30 a.m., which included guest speakers, the Congressman and a former Governor, musical [21]*21entertainment, outdoor and indoor displays, and an open house until 11:30 p.m., with guided tours of the new building and a reception at a local restaurant.

8. The payment to Joy Hosiery Shops represented the cost of skirt and blouse uniforms worn by five of the township’s secretaries identifying them as tour hostesses at the dedication of the municipal building.

9. The township’s manager in 1967 was Richard Lafferty, who held a master’s degree in government administration, and who had worked for the township in that field since 1964. He determined in the first instance that the four payments be made from the building fund.

10. Each such surcharged payment was approved by the vote of seven of the commissioners. Three óf the commissioners, Kline, Melio, and Reinholt, did not so vote or voted to the contrary.

11. The new municipal building and highway garage were constructed by the Bristol Township Authority and leased to Bristol Township. The building fund was the repository of the proceeds of taxes levied by Bristol Township in 1964 and in 1966, for municipal building purposes. These proceeds were applied to nonconstruction items such as rental payments and, inter alia, furniture, fixtures, landscaping and site work and insurance. In 1966, the building tax millage was one-half mill.

12. In 1967, the tax rate for general township purposes was 18 mills and for the fire department one mill. No other tax was levied.

13. Between June and October 1967, transfers in the nature of temporary loans were made from the general fund to the building fund amounting to $88,706.73, the building fund having been nearly depleted by June of 1967.

14. Such interfund loans are common practice in [22]*22municipal government in instances where revenue for a specific purpose is anticipated but not yet received.

15. In December 1967, in order to make partial repayment to the general fund, the township obtained a bank loan secured by assignments of anticipated receipts from the future sales of an existing township building and of a perpetual equity in the highway garage. This loan was authorized by resolution by the board of commissioners and the proceeds were deposited in the building fund.

16. Warrants executed by the president and the secretary of the board of commissioners, on December 15, 1967, and December 20, 1967, each in the sum of $30,000 were presented to the township treasurer, Harold Lefcourt, who drew checks on those dates in corresponding amounts on the building fund payable to the general fund. The budgetary code appearing on the warrants was a double zero (00) indicating the absence of a specific budgetary account classification.

17. The township sustained no monetary loss by reason of these interfund transfers of $60,000 to the general fund.

18. On or about May 30, 1967, Harold Lefcourt was duly appointed to the position of Treasurer and Tax Collector of Bristol Township to fill the vacancy created by the death of the elected treasurer-tax collector, Robert Cameron, who had been tax collector for 34 years.

19. On or about June 22, 1967, the tax duplicates for the year were delivered to Harold Lefcourt, who sent out his tax bills on July 20, 1967, and it was from July 20, 1967, that he calculated the discount and penalty periods.

20. Harold Lefcourt was not permitted access to the tax collection office itself until June 15, 1967, and [23]*23his predecessor’s records, which contained notations of address changes and other pertinent information for locating taxpayers, were not made available to him at any time. As a result, approximately 80 tax bills for the year 1967 were misaddressed or sent to the wrong person.

21. By letters dated December 12, 1967, December 18, 1967, and January 19, 1968, Harold Lefcourt received authorization respectively from the Township Manager of Bristol Township, the County Treasurer of Bucks County, and the Board of Directors of the Bristol Township School District to determine and adjust such discounts and penalties as in his judgment were not the fault of the taxpayer but arose from improperly directed tax bills.

22.

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Related

Appeal of Auditors v. Komanecky
407 A.2d 906 (Commonwealth Court of Pennsylvania, 1979)

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Bluebook (online)
57 Pa. D. & C.2d 18, 1972 Pa. Dist. & Cnty. Dec. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/audit-report-of-bristol-1967-pactcomplbucks-1972.