Lincoln Township Auditor

Somerset County Court of Common Pleas

Lincoln Township Auditor

73 Pa. D. & C.2d 279, 1975 Pa. Dist. & Cnty. Dec. LEXIS 266

CourtPennsylvania Court of Common Pleas, Somerset County

DecidedJanuary 9, 1975

Docketno. 3

StatusPublished

This text of 73 Pa. D. & C.2d 279 (Lincoln Township Auditor) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Somerset County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lincoln Township Auditor, 73 Pa. D. & C.2d 279, 1975 Pa. Dist. & Cnty. Dec. LEXIS 266 (Pa. Super. Ct. 1975).

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Opinion

COFFROTH, P.J.,

We have for consideration two petitions for the appointment of a person to fill the vacancy in the office of Township Auditor for Lincoln Township caused by the resignation of Mrs. Bernice Zap alio Moorhead, who has removed from the Township.

One of the petitions requests appointment of Mr. Merlin L. Gnegy, R. D. 3, Somerset, Pa., Republican, signed by township supervisors and other registered voters of the township, Republicans. The other petition requests appointment of Miss Dorothea A. Legarski, R. D. 2, Somerset, Pa., Democrat, signed by registered voters of the township of the Democratic party.

The duty of filling the vacancy is imposed by law upon the court under the provisions of article IV, sec. 421 of the Second Class Township Code as amended (53 P.S. §65421). There being only one vacancy, the court is required to make a choice. Both of the proposed appointees are qualified for the position and the appointment of either will serve the public interest, making it unnecessary to undertake any precise comparison of qualifications. Instead, there are two chief factors which lead us to grant the Democratic petition:

1. The appointee will be one of three township auditors, the other two being Republicans. We consider bipartisan representation on such a board to be important and desirable and in the public interest, although not required by law.

2. The resigning officeholder is a Democrat. Thus, the appointment of a Democrat preserves bipartisan representation.

The circumstances of this case differ materially from those present In re Conemaugh Township Tax Collector, 28 Somerset L. J. 397.

[281]*281We note that Miss Legarski is 18 years of age. By law she is eligible to vote and to hold public office. She has the recommendation of her party and has an excellent educational background for this work.

ORDER

Now, January 9, 1975, Miss Dorothea A. Legarski is appointed as auditor for the township of Lincoln to fill the vacancy now existing in said office, as provided by law.

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COFFROTH, P.J.,

We have for consideration two petitions for the appointment of a person to fill the vacancy in the office of Township Auditor for Lincoln Township caused by the resignation of Mrs. Bernice Zap alio Moorhead, who has removed from the Township.

One of the petitions requests appointment of Mr. Merlin L. Gnegy, R. D. 3, Somerset, Pa., Republican, signed by township supervisors and other registered voters of the township, Republicans. The other petition requests appointment of Miss Dorothea A. Legarski, R. D. 2, Somerset, Pa., Democrat, signed by registered voters of the township of the Democratic party.

The duty of filling the vacancy is imposed by law upon the court under the provisions of article IV, sec. 421 of the Second Class Township Code as amended (53 P.S. §65421). There being only one vacancy, the court is required to make a choice. Both of the proposed appointees are qualified for the position and the appointment of either will serve the public interest, making it unnecessary to undertake any precise comparison of qualifications. Instead, there are two chief factors which lead us to grant the Democratic petition:

1. The appointee will be one of three township auditors, the other two being Republicans. We consider bipartisan representation on such a board to be important and desirable and in the public interest, although not required by law.

2. The resigning officeholder is a Democrat. Thus, the appointment of a Democrat preserves bipartisan representation.

The circumstances of this case differ materially from those present In re Conemaugh Township Tax Collector, 28 Somerset L. J. 397.

[281]*281We note that Miss Legarski is 18 years of age. By law she is eligible to vote and to hold public office. She has the recommendation of her party and has an excellent educational background for this work.

ORDER

Now, January 9, 1975, Miss Dorothea A. Legarski is appointed as auditor for the township of Lincoln to fill the vacancy now existing in said office, as provided by law.

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Bluebook (online)

73 Pa. D. & C.2d 279, 1975 Pa. Dist. & Cnty. Dec. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-township-auditor-pactcomplsomers-1975.