Bellhy v. City of Washington

42 Pa. D. & C.2d 143, 1967 Pa. Dist. & Cnty. Dec. LEXIS 179
CourtPennsylvania Court of Common Pleas, Washington County
DecidedJanuary 5, 1967
Docketno. 247
StatusPublished

This text of 42 Pa. D. & C.2d 143 (Bellhy v. City of Washington) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Washington County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bellhy v. City of Washington, 42 Pa. D. & C.2d 143, 1967 Pa. Dist. & Cnty. Dec. LEXIS 179 (Pa. Super. Ct. 1967).

Opinions

Curran, J.,

By amendment of December 1, 1965, No. 373, P. L. 1006, sec. 1, to The Third Class City Code, effective January 1, 1966, the legislature has mandated minimum annual salaries for members of the police department and the fire department. This was done by reenacting and amending sections 2001 (Police Bureau) and 2101 (Fire Bureau) of The Third Class City Code of June 23, 1931, P. L. 932, 53 PS §§37001 and 37102. The operative words in both these sections are similar, so this court will confine its review to section 2001, and the decision on it will necessarily apply to section 2101 as well. Section 2001, as amended, reads in its first part: “The minimum annual starting salary or compensation to be paid the members of the police force by any city shall be four thousand five hundred dollars ($4,500), with minimum annual increments of three hundred dollars ($300) for the first three years of such employment”. (Italics supplied.) Thus, a policeman first coming on the force January 1, 1966, must be paid an annual salary of no less than $4,500 for that year, and if he stayed on the force through 1969, he would have by then accumulated three annual increments of at least $300 each, so that for the year 1969 he could not be paid an annual salary of less than $5,400. Plaintiffs contend that each policeman and fireman for the year 1966 would be entitled to a sal[145]*145ary of $4,500 plus a yearly increment of $300, accruable for each of the first three years he had been on the force prior to January 1, 1966. Defendants contend that the first annual increment thus provided could not have been earned prior to the end of the year 1966. It is noticeable that the act nowhere refers to a cost-of-living increase, but instead uses only the term “increment”. Should it not, therefore, follow that the legislature intended rewarding police officers on the basis of their increased proficiency, attained by them as they served from year to year? The word increment itself means just this, for Webster defines it as: “(1) an increase, especially in quantity or value”. In this respect, it is also noteworthy that the code under Pensions, section 4303, 53 PS §39303, which provides additional pension benefits for police officer's who remain on the force after they are eligible for retirement, makes use of the phrase “service increment”. By looking at these two words together, service and increment, we feel we are given a clue to the legislature’s thought in selecting use of the word “increment”. In the present case it is, we think, to provide a service-earned increment for each of the first three years that a police officer worked on the force, a reward for in-service training and experience. Had the legislature merely sought to give a cost-of-living increase to these employes, it could very easily have said so, and it could have provided a formula for its determination, viz., cost indexes, etc. But the act does not do this; it' provides for minimum annual increments of $300 for the first three years of such employment. It is this court’s belief that this is a two-phase salary provision, i.e., an annual salary of not less than $4,500 with yearly increments of not less than $300 for the first three years of such employment.

I am unable to discover in these sections the ambiguity found by some. For it is to be noticed that in [146]*146the first half of sections 2001 and 2101 the adjective first is used following the initial mention of the $300 annual increments; whereas, in the last part of these sections, the adjective there employed is next, so that the first part reads . . with minimum annual increments of three hundred dollars ($300) for the first three years of such employment”, but in the second part the wording is “minimum annual increments of three hundred dollars ($300) for the next three years of such employment”. It is imperative, the court believes, that we mark well that the second part of these sections, insofar as it applies to policemen or firemen already on the force, comes into play only in the event that any such employe on the effective date of this act was receiving an annual salary of less than $4,500. Therefore, as to the policemen and firemen of the City of Washington, the latter part of these sections could never come into effect, since all these employes were then earning more than $4,500 yearly. Despite this, it is, nevertheless, necessary that we analyze both parts of these sections as we try to arrive at our decision. Where the policemen or firemen are earning less than $4,500 annually on the effective date of the act (January 1, 1966), the legislature has said that their salary must be immediately raised to that figure and that in addition from that time on — for the next three years of such employment — they shall receive a minimum annual increment of $300. But in the first part of these sections, i.e., where the officers are already earning an annual salary of $4,600, the legislature has said that each is to receive a minimum annual increment of $300 for the first three years of such employment. What meaning can the word first have in this context if it does not mean the first three years the employe actually worked as a policeman or fireman? If the legislature had not intended distinction in the use of these two words, first and next, surely [147]*147only one of them would have been employed. We can only conclude that the legislature contemplated some specific modification when it chose to use both of these adjectives.

The conclusion thus seems inescapable that the legislature meant to provide for true service increments, and not merely annual salary supplements. Any other decision could bring about a most unfortunate and unfair result, and one which the legislature certainly did not-have in mind. For surely it could not have been unaware of this possibility. Suppose on January 1, 1966, a third class city had three police officers, all of whom were veterans of 10 years’ service and who were making at the time an annual salary of $4,500. Those men, even though their police skills had increased by 10 years’ service on the force, would earn for the year 1966 exactly the same amount of money as would the rookie just starting. This could happen under defendants’ contention. But can it be said logically that the present amendment does not apply to the veteran and that he would be entitled to no increments for the first three years that he has served on the force? We think not. Defendants think otherwise. We would only adopt defendants’ view if the act itself precludes us from arriving at any other decision, and we do not think that it does. Our view is that the act expressly provides to the contrary.

The considerations of grade, rank, and pay in the organizational set-up of a city police bureau and fire bureau are matters of high importance to the efficient operation of the systems themselves. Their organizational requirements are quite similar to the army’s table of organization. Sound considerations make it imperative that rank be given to those most proficient, for discretionary authority can be vested only in proportion to an officer’s ability to exercise it properly. In all cases, grade and pay must be commen[148]*148surate with the rank and the amount of responsibility assumed. Any violation of these principles would only result in chaos. Surely the legislature was cognizant of this. An officer in the army who has the duties of a colonel can hardly be expected to meet his responsibility while holding the rank of lieutenant. A first sergeant must carry that grade, lest his authority be hollow.

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

Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Raymond v. Scranton School District
142 A.2d 749 (Superior Court of Pennsylvania, 1958)
Howarth Et Ux. v. Gilman
73 A.2d 655 (Supreme Court of Pennsylvania, 1949)
Marson v. Philadelphia
21 A.2d 228 (Supreme Court of Pennsylvania, 1941)
Loudon v. H. W. Shaull & Sons
13 A.2d 129 (Superior Court of Pennsylvania, 1940)
Howarth Et Ux. v. Gilman
65 A.2d 691 (Superior Court of Pennsylvania, 1948)
Iben v. Monaca Borough
43 A.2d 425 (Superior Court of Pennsylvania, 1945)
United States Steel Co. v. Allegheny County
86 A.2d 838 (Supreme Court of Pennsylvania, 1952)
Eisenberger v. Harrisburg Police Pension Commission
162 A.2d 347 (Supreme Court of Pennsylvania, 1960)
Buynak v. Wilkes-Barre Police Pension Fund Ass'n
173 A.2d 114 (Supreme Court of Pennsylvania, 1961)

Cite This Page — Counsel Stack

Bluebook (online)
42 Pa. D. & C.2d 143, 1967 Pa. Dist. & Cnty. Dec. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellhy-v-city-of-washington-pactcomplwashin-1967.