Bakes v. Snyder

403 A.2d 1307, 486 Pa. 80, 1979 Pa. LEXIS 609
CourtSupreme Court of Pennsylvania
DecidedJune 29, 1979
Docket2 E.D. Misc. Docket 1979
StatusPublished
Cited by15 cases

This text of 403 A.2d 1307 (Bakes v. Snyder) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bakes v. Snyder, 403 A.2d 1307, 486 Pa. 80, 1979 Pa. LEXIS 609 (Pa. 1979).

Opinion

*83 OPINION OF THE COURT

ROBERTS, Justice.

At the November, 1975 municipal election, voters of Le-high County elected plaintiffs — the Sheriff, Recorder of Deeds, Register of Wills, Prothonotary, Clerk of Courts, and Coroner — to four-year terms of office. Plaintiffs’ four-year terms began January 5, 1976 and, with the exception of the Prothonotary, each plaintiff may seek re-election at the November, 1979 municipal election. 1 Since taking office, each plaintiff has received the annual salary for his office fixed by Act No. 113 of November 1,1971. 2 Now, over three years after their election in November, 1975, plaintiffs seek a writ of mandamus directing defendants, the Lehigh County Controller and the Lehigh County Executive, to pay plaintiffs increased salaries in accordance with Act No. 223 of October 7, 1976. 3

Act 223 amends Act 113 to provide county officers of counties of the second through eighth classes “immediate” salary increases. Act 223, § 2. But the Act, by its specific terms, applies only “when permitted by the Constitution of the Commonwealth of Pennsylvania.” Id. Article III, § 27 of the Constitution of Pennsylvania (1968) expressly directs that “[n]o law shall extend the term of any public officer, or *84 increase or diminish his salary or emoluments, after his election or appointment.” Plaintiffs, as public officers elected in November, 1975, eleven months before the October, 1976 enactment of Act 223, are precluded from receiving the increased salaries fixed in that Act and are not entitled to the relief they seek. Accordingly, we enter judgment for defendants. 4

I

This Court has not previously considered the effect of article III, § 27 of the Constitution of 1968 upon county officers’ claim to increased compensation during their terms of office. This constitutional provision is identical to article III, § 13 of the Constitution of 1874. In a variety of settings, this Court consistently has held that § 13 prohibited county officers from receiving increased compensation during their elected terms of office. For example, in Commonwealth ex rel. Woodring v. Walter, 274 Pa. 553, 118 A. 510 (1922), a county commissioner claimed that, because the county’s population had increased, he was entitled to the greater salary provided by law for commissioners in counties of that population. On the authority of article III, § 13, this Court rejected the commissioner’s claim:

“If the change in classification post-dates the election of the [county commissioner] — and this clearly appears in the present case, . . . —then it follows that the increased salary cannot be allowed.”

Woodring, 274 Pa. at 556-57, 118 A. at 512.

Even though the language of article III, § 27 of our present Constitution is identical to that of article III, § 13 of *85 the Constitution of 1874, plaintiffs argue that the reference in article III, § 27 to “any public officer” does not include county officers. Plaintiffs contend that the proscription in article III, § 27 that “[n]o law shall extend the term of any public officer” would be superfluous if “any public officer” included county officers, whose terms of office are fixed under article IX, § 4, ¶ 2 (1968) at four years. 5

This argument fails to demonstrate in any respect that the framers intended to exclude county officers from the constitutional prohibition against laws increasing salaries after election. Indeed, the very fact that an official serves a fixed term of office has led this Court on a number of occasions to conclude that the officeholder is precluded under article III, § 13 (1874) from receiving a pay increase after taking office, even where the office is non-constitutional. See e. g., Commonwealth ex rel. Wolfe v. Moffitt, 238 Pa. 255, 86 A. 75 (1913) (incumbent county “poor director” a “public officer” under Article III, § 13) (1874); Richie v. Philadelphia, 225 Pa. 511, 74 A. 430 (1909) (appointed real estate assessor a public officer). 6

Plaintiffs point, to article IX, § 4, ¶ 3 (1968), which provides that “[cjounty officers shall be paid only by salary as provided by law for services performed for the county or any other governmental unit.” Cf. Pa.Const. art. XIV, § 5 (1874) (“[t]he compensation of county officers shall be regulated by law”). Plaintiffs claim that article IX, § 4, ¶ 3 sets *86 forth the exclusive limitations upon the Legislature’s authority to direct increased remuneration for county officers. Plaintiffs read article IX, § 4, ¶ 3 to permit increases in the salaries of county officers after the officers have been elected.

In Commonwealth ex rel. Woodring v. Walter, supra, 274 Pa. at 555, 118 A. at 511, this Court expressly recognized that the salary schedule which formed the basis for the county commissioners’ claim was enacted “[t]o regulate the compensation of county officers, as directed by article XIV, section 5, of the Constitution [(1874)],” but still tested the commissioner’s claim against article III, § 13 (1874). As this Court observed in Richie v. Philadelphia, supra, 225 Pa. at 513, 74 A. at 431 (discussing Constitution of 1874), “[t]he third article of the constitution is . . .a restraint upon

the powers of the general assembly,” to increase salaries during terms of office, while article IX merely authorizes the Legislature to “provide by law” for county officers’ compensation within the limits of article III, § 27. 7

II

Plaintiffs next contend that economic factors operating since election and during their current terms “have actually diminished their salaries during their terms of office.” 8 According to plaintiffs, the additional $3,000 provided in Act 223 is not a salary increase, but instead a “cost-of-living” adjustment, and thereby constitutionally permissible.

The Statutory Construction Act of 1972 directs that “[w]hen the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” 1 Pa.C.S.A. § 1921(b). It is *87 clear that the legislative language of Act 223 provides a salary increase and is not in any respect designed to create a “cost-of-living” adjustment.

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

Related

Buckwalter v. Borough of Phoenixville
985 A.2d 728 (Supreme Court of Pennsylvania, 2009)
Buckwalter v. Borough of Phoenixville
940 A.2d 617 (Commonwealth Court of Pennsylvania, 2008)
Belitskus v. Stratton
830 A.2d 610 (Commonwealth Court of Pennsylvania, 2003)
Eakin v. Keller
730 A.2d 953 (Supreme Court of Pennsylvania, 1999)
Eakin v. Keller
682 A.2d 410 (Commonwealth Court of Pennsylvania, 1996)
MacElree v. Chester County
667 A.2d 1188 (Commonwealth Court of Pennsylvania, 1995)
Pollock v. County of Greene
19 Pa. D. & C.4th 528 (Greene County Court of Common Pleas, 1994)
Clark v. Troutman
502 A.2d 137 (Supreme Court of Pennsylvania, 1985)
Elk County v. Beimel
35 Pa. D. & C.3d 92 (Elk County Court of Common Pleas, 1985)
Hudock v. Trinisewski
35 Pa. D. & C.3d 343 (Luzerne County Court of Common Pleas, 1984)
Clark v. Troutman
469 A.2d 328 (Commonwealth Court of Pennsylvania, 1983)
Kestler Appeal
66 Pa. Commw. 1 (Commonwealth Court of Pennsylvania, 1982)
Ferguson v. Wagner
403 A.2d 1314 (Supreme Court of Pennsylvania, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
403 A.2d 1307, 486 Pa. 80, 1979 Pa. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bakes-v-snyder-pa-1979.