In re Philadelphia School District

18 Pa. D. & C.3d 394, 1981 Pa. Dist. & Cnty. Dec. LEXIS 469
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedApril 1, 1981
Docketno. 2222
StatusPublished

This text of 18 Pa. D. & C.3d 394 (In re Philadelphia School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Philadelphia School District, 18 Pa. D. & C.3d 394, 1981 Pa. Dist. & Cnty. Dec. LEXIS 469 (Pa. Super. Ct. 1981).

Opinion

BULLOCK, J.,

Before us is the petition of the School District of Philadelphia for leave to fund unfunded debt in the sum of $30,000,000 through the issuance of bonds, pursuant to the Local Government Unit Debt Act of July 12, 1972, P.L. 781, sec. 512, as variously amended, 53 PS. §6780-210. On March 12, 1981 Honorable Stanley M. Greenberg directed that a hearing be held on March 24, 1981 and that his order be published. A hearing was held by this court on March 24 and 25, 1981, at which time proof of notice was submitted. The Greater Philadelphia Partnership, the Citizens Committee on Public Education in Philadelphia, and certain citizens petitioned to intervene in the case for purposes of [395]*395opposing the school district’s petition; the petition to intervene was granted. It was agreed that granting the within petition would not cause the school district to exceed any statutory debt limit and that the sole issue before the court was the merits of the school district’s petition pursuant to the Act of 1972, supra. Moreover, it was agreed that, pursuant to the requirements of the Philadelphia Home Rule Charter Supplement, the school district is obliged to adopt balanced budgets, i.e., budgets in which “the total amount of proposed expenditures shall not exceed the amount of funds available for School District purposes.”

The Act of 1972, supra, provides in part at 53 P.S. §6780-210:

“(a) Whenever the governing body of a local government unit shall be of the opinion that it has outstanding unfunded debt, it may, by petition to the court of common pleas or, if located in two counties, of either county, setting forth the facts, request approval for the issuance of bonds or notes to fund the unfunded debt. After hearing, on such notice to the local government unit and its taxpayers as the court may prescribe, the court shall make an order granting authority to fund all or a part of such unfunded debt if the court shall find that (1) such unfunded debt is a lawful obligation of the local government unit, (2) that there has been an unforeseeable decline in revenues, or that taxes levied have not produced the revenues anticipated or that it was not reasonable to foresee such obligation, (3) that paying such debt by curtailing municipal services will be dangerous to the public health, safety or education, and (4) that it is not feasible or not in the public interest to levy additional taxes in the current fiscal year.” (Numbers added.)

[396]*396The basic purpose of this act is clear. It authorizes the school district to borrow in case of unforeseen fiscal emergencies where there is no other feasible solution to the problem. The court’s role in this situation is a very limited one. We have no power to approach the situation as an equitable matter. Our role is simply one of fact-finding and the application of the above statute to the facts which we find.

On the basis of the evidence presented before us, it is our conclusion that the school district has met its burden to establish requirements (1), (3) and (4) of the above act, but that it has failed to establish requirement (2).

We do not agree with the contention of the intervenors that the unfunded debt, which the school district seeks to pay, is unlawful. Their contention is based on the proposition that whatever debts the school district seeks to pay with the money it proposes to borrow are unlawful, solely because the school district’s current budget is unbalanced and, therefore, unlawful. The evidence was uncontradicted that the school district seeks to borrow for the purpose of paying the normal obligations such an entity incurs within the scope of its carrying out its lawful function. The proposition urged by the intervenors would, if effectuated, have the drastic result of permitting doubt to be raised as to the legality of a myriad of otherwise legal obligations, including salaries, payment for supplies, etc., simply through an allegation that the school district’s budget was unbalanced.

We are convinced that the school district has met its burden of establishing that “paying such debt by curtailing municipal services will be dangerous to the public health, safety or education.” Officials of the school district testified that, if it is not permitted to borrow the $30,000,000 sought herein, the [397]*397schools will have to be closed in May or June, 1981, sometime before the regular end of the school year on June 26, 1981. They further testified as to the dire consequences of such an early school closing. Moreover, we would be inclined to rule that a premature school closing per se is a danger to education. The intervenors, however, offered evidence tending to show that even without the $30,000,000, the school district’s cash flow position is such that classes could be kept open until June 19, 1981 and that regardless of when the schools had to be closed, it would be a benefit rather than a danger to education, since it would force the school district to confront its fiscal problems rather than evade them. The intervenors also presented some evidence intended to establish that the school district could avoid an early closing of schools by obtaining additional money from the Commonwealth or the city or by making cuts in expenditures. We were not persuaded by this testimony, which was both speculative and lacking in specificity. We believe that the opinions of the school district officials in this area are entitled to considerable weight and we would not be inclined to make a contrary finding, absent clear and convincing evidence to the contrary.

It was undisputed that it would not be feasible to raise additional revenues through taxation in the current fiscal year.

As to the issue of foreseeability of the school district’s current crisis, we believe the evidence is abundantly clear that the circumstances causing the school district to seek to borrow money at this time were foreseeable both at the time of the adoption of its budget on May 29, 1980 and at the time of the adoption of the amended budget on January 26, 1981. Although the testimony and documents at trial contained a plethora of large numbers, we [398]*398need here focus on only three. The January 1981 amended budget contains an item of “estimated revenue” as follows:

Intermediate Unit (1980-81)
Additional funds requested $26,379,00o1
(from Commonwealth of Pennsylvania)

The amended budget of January 1981 also contains the following items under “changes to revenues”:

“Refund of Prior Years’ Expenditures:
Increase reflects inclusion of receivables due in previous years representing non-recurring revenue from the Commonwealth for excess costs incurred for operating the Intermediate Unit Special Education Program 8,882,000
“Proceeds: Refinancing and Categorical Assistance:
“This new revenue source is a result of refinancing of outstanding long-term debt and categorical funding assistance. 19,464,000”

The first two numbers represent claims against the Commonwealth for moneys expended on mandated special education programs which, by law, the Commonwealth is obliged to fund. The first number is the claim for the present fiscal year beyond what the Commonwealth approved. The second number is unpaid claims for prior years going back to 1975.

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

Cite This Page — Counsel Stack

Bluebook (online)
18 Pa. D. & C.3d 394, 1981 Pa. Dist. & Cnty. Dec. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-philadelphia-school-district-pactcomplphilad-1981.