In re Appeal of 2012 Financial Audit for Greene Township

113 A.3d 372, 2015 Pa. Commw. LEXIS 142
CourtCommonwealth Court of Pennsylvania
DecidedApril 1, 2015
StatusPublished
Cited by5 cases

This text of 113 A.3d 372 (In re Appeal of 2012 Financial Audit for Greene Township) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Appeal of 2012 Financial Audit for Greene Township, 113 A.3d 372, 2015 Pa. Commw. LEXIS 142 (Pa. Ct. App. 2015).

Opinion

OPINION BY

Judge PATRICIA A. McCullough.

Ellen Gnandt (Appellant), former treasurer of Greene Township (Township), appeals from the March 19, 2014 order of the Court of Common Pleas of Pike County (trial court), which held that Appellant lacks standing to appeal the Township’s annual audit/financial report for the 2012’ fiscal year.

Appellant served as the Township’s treasurer during the 2012 fiscal year; she left this position on January 14, 2013. The records maintained by Appellant as treasurer during 2012 were audited, and the Annual Audit and Financial Report of Greene Township for the 2012 fiscal year was filed on August 29, 2013.

On October 8, 2013, Appellant filed a statutory appeal from the audit pursuant to section 909 of the Second Class Township Code (Code).1 (Reproduced Record (R.R.) at 3a-8a.) In her appeal, Appellant asserted that: (1) the Township did not provide all records to the auditors; (2) certain amounts were incorrectly reported by the auditors; and (3) certain items were paid in error, causing a loss to the Township, and should be surcharged to the responsible Township supervisors.2

The Township and auditor William Owens & Co. (together, the Township) filed a motion to quash Appellant’s appeal, asserting that Appellant lacked standing to appeal the sums reported and paid. (R.R. at 10a-13a.) The Township alternatively asserted that even if Appellant had standing to challenge those figures, she did not have standing to demand a surcharge against individual supervisors.

Appellant filed a memorandum of law in opposition to the motion to quash; the Township filed an answer; and, on January 27, 2014, the trial court heard oral argument on whether Appellant had standing under section 909 of the Code.

[374]*374Section 909 of the Code states as fol-lows:

The board of supervisors or any elector or taxpayer of the township or any officer whose account is settled or audited by the board of auditors may appeal from any settlement or audit of the board of auditors to the court of common pleas within forty-five days after the settlement has been filed in the court of common pleas.

53 P.S. § 65909 (emphasis added). Appellant is not a supervisor, resident, or taxpayer in the Township.3

In support of its motion to quash, the Township argued that only current supervisors, electors, taxpayers, or officers have standing under section 909 of the Code to file an appeal from the audit. In response, Appellant noted that the word “any” means “one or some indiscriminately of whatever kind,” and she asserted that the use of the word “any” in the phrase “any officer ” is broad enough to encompass a former officer. The trial court observed that Appellant did not address the definition of “officer,” and it cited the following definitions of “officer” from Merriam-Webster Dictionary Online: “a person who has an important position in a company, organization or government” or a person “who holds an office of trust, authority, or command.”4 The trial court noted that these definitions are consistent in their use of the present tense and concluded that “any officer” would therefore mean whatever person presently holds an office. The trial court also rejected Appellant’s reliance on language in Festa v. Derry Township, 49 Pa.Cmwlth. 297, 411 A.2d 904 (1980), noting that Festa was significantly distinguishable.

Finding no case law on point, the trial court interpreted the language of section 909 of the Codé and concluded that, as a former officer, Appellant lacks standing to appeal the audit. Accordingly, the trial court granted the Township’s motion to quash, and Appellant now appeals to this Court.5

Issues

On appeal, Appellant argues that: (1) the trial court erred and abused its discretion in quashing her appeal in light of this Court’s decision in Festa; and (2) the plain language of section 909 of the Code provides a former officer standing to appeal an audit.

Discussion

We first address Appellant’s argument that the trial court should have relied on Festa to deny the motion to quash her appeal. The appellant in Festa was a township supervisor and appointed district roadmaster during the years 1972-77. In December 1977 he filed a complaint against the township for wages and benefits he claimed were due him during the years he was roadmaster. Wages for the position of roadmaster for the years 1972 through 1977 were set by the township auditors. The trial court sustained the township’s preliminary objections and held that “Festa’s sole procedural remedy was to appeal the township auditors’ report within 45 days of its annual filing under [former section 553 of the Code].” Festa, 411 A.2d at 904.

[375]*375This Court framed the issue on appeal as “[whether] a township roadmaster [must] submit his claim for salaries to the township auditors and, if the decision is not timely appealed under the [Code], is it conclusive?” Id. at 905. We affirmed the trial court’s conclusion that Festa could not bring a complaint in assumpsit, explaining that the Code “contains a comprehensive scheme for annually auditing and settling the accounts of the township and its officers, including roadmasters,” id., and that Festa’s exclusive remedy was to appeal the township auditors’ reports.

In addition to holding that the complaint in assumpsit was procedurally improper, the Court rejected Festa’s assertion that his complaint should be considered under section 708(c) of the Judicial Code, 42 Pa. C.S. § 708(c). The Court noted that section 708(c) was not in effect when Festa filed his complaint. Moreover, the Court noted that his complaint could not be considered an appeal since the complaint was filed prior to the filing of the 1977 auditors’ report. Concluding its analysis, the Court stated that, “Having failed to appeal to the common pleas court as he should have under the provisions of the statute, Festa now must suffer the consequences.” Festa, 411 A.2d at 906.

Appellant notes that, “notwithstanding the fact that [Festa] was no longer an officer of the Township,” this Court upheld the trial court’s determination that Festa’s sole remedy was to appeal the auditors’ report. However, the opinion in Festa does not indicate that Festa filed his complaint after he ceased to be a supervisor and/or roadmaster. In fact, the decision reflects that Festa filed his complaint in December 1977, the same year that he served as a supervisor/roadmaster and pri- or to the filing of the 1977 auditors’ report. Although Appellant relies on Festa to support her contention that she has standing to appeal the audit, Appellant acknowledges that, in Festa, the question of the appellant’s standing as a former township officer was not before the court. Because it is factually and legally distinguishable, we agree with the trial court that Festa is not relevant to the matter before us.

Appellant also argues that the plain language of section 909 of the Code provides a former officer standing td appeal an audit. In particular, Appellant notes that section 909 confers standing to appeal on

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Bluebook (online)
113 A.3d 372, 2015 Pa. Commw. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-2012-financial-audit-for-greene-township-pacommwct-2015.