Macher v. County of Allegheny

675 A.2d 378, 1996 Pa. Commw. LEXIS 166
CourtCommonwealth Court of Pennsylvania
DecidedApril 23, 1996
StatusPublished
Cited by1 cases

This text of 675 A.2d 378 (Macher v. County of Allegheny) 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
Macher v. County of Allegheny, 675 A.2d 378, 1996 Pa. Commw. LEXIS 166 (Pa. Ct. App. 1996).

Opinion

SILVESTRI, Senior Judge.

The County of Allegheny and the County Commissioners in their official capacity (County) appeal the March 10, 1995 order of the Court of Common Pleas of Allegheny County (trial court) which granted a preliminary injunction sought by David Macher (Macher). Macher is a resident, taxpayer, and registered voter of the County and an employee of the County as a member of its fire force.

The following is the procedural and factual history giving rise to the appeal before us. [379]*379Factually, the County has a paid fire force. Some fire fighters in this force are stationed at the Allegheny County Airport at West Mifflin (West Mifflin) and some are stationed at the Pittsburgh International Airport (Pittsburgh International). Specifically, there are seven (7) fire fighters stationed at West Mifflin of which only two (2) are on duty during each shift.

Prior to December 20, 1994, West Mifflin had a Part 139 Index A full certification from the Federal Aviation Authority (FAA) which permitted West Mifflin to handle flights at the airport which included aircraft carrying more than thirty (30) persons. The County informed the FAA1 that it was downsizing its fire force at West Mifflin to a Part 139 Index A limited certification which limits the airport use to aircraft carrying 29 or fewer passengers and does not require an on-site fire force. R.R. 130a.

As a result of the downsizing, the County, by its Fire Chief, sent a directive on March 2, 1995 to all fire fighters stationed at West Mifflin. The subject of this directive was “Deactivation of Fire Station at the Allegheny County Airport”. The March 2, 1995 Memorandum from the Fire Chief to the fire fighters stated as follows:

Due to the de-activation of the Allegheny County Airport Fire Station at West Miff-lin, PA, as of March 1, 1995, at 0630 Hours.(sic) All Fire Fighters currently stationed at the Allegheny County Airport will be transferred to the Pittsburgh International Airport on your Regular Work Schedule as bid for 1995 on March 6, 1995 at 0630 Hours.

The County had made arrangements with West Mifflin Voluntary Fire Company No. 3 (Voluntary Company), which was offsite, to provide services at West Mifflin which theretofore had been provided by the County fire force. The Voluntary Company was not to receive any compensation from the County for so doing; furthermore, it was to use its own equipment since the fire force’s equipment was also being transferred to Pittsburgh International.

On March 6, 1995, Macher filed a Complaint in Mandamus for Injunctive Relief [sic] and a separate motion for a preliminary injunction. The trial court set a hearing date on the matter for March 10,1995. On March 10, 1995, prior to the hearing, Macher filed an Amended Complaint being “Plaintiff’s First Amended Complaint in Equity for In-junctive Relief’. Macher specifically stated to the trial court that he was withdrawing his original Complaint in Mandamus.

Following argument on the foregoing facts which are not in dispute, the trial court entered an order, as herein relevant, as follows:

1. Defendants are to immediately re-assign a fire force of seven paid County firefighters to the County Airport at West Mifflin.
2. Said fire force may not be disbanded until a referendum in accordance with 53 P.S. §§ 751 and 751.1 has been held.
3. This injunction shall become effective upon the posting of bond, in the nominal amount of $1.00, by the Plaintiff in accordance with Pennsylvania Rules of Civil Procedure 1531(b).
4. The automatic supersedeas provided to the County under the Pennsylvania Rules of Appellate Procedure 173b(b) (sic) shall not apply in the event an appeal is taken by the County herefrom.

On March 13,1995, Macher filed the bond as required by the trial court’s order. This appeal followed.

The County presents the issue of whether the fire force at West Mifflin has been “disbanded”, as alleged by Macher, which would require the County to hold a referendum.

We initially note that we must apply the applicable rules of statutory construction for guidance in ascertaining and effectuating the legislative intent of a particular statute. Section 1921 of the Statutory Construction Act of 1972, 1 Pa.C.S. § 1921; Unionville-Chadds Ford School District v. Rotteveel, 87 [380]*380Pa.Cmwlth. 334, 487 A.2d 109 (1985). Other than technical words and phrases, all of the words and phrases used in any legislation are to be construed according to their common meaning and accepted usage. 1 Pa.C.S. § 1903; Allstate Insurance Company v. Heffner, 491 Pa. 447, 421 A.2d 629 (1980), appeal denied, 522 Pa. 613, 563 A.2d 499 (1989).3

Additionally, the practical results of a peculiar interpretation may be considered and we must presume that the legislature did not intend a result which is absurd or unreasonable. 1 Pa.C.S. § 1922; Lehigh Valley Co-Operative Farmers v. Bureau of Employment Security, 498 Pa. 521, 447 A.2d 948 (1982).

The predicate of Macher’s equity action is Section 1 and Section 1.1(a), Act of December 10,1974, P.L. 802, as amended, 53 P.S. §§ 751 and 751.1(a).4 Section 1 states, in pertinent part:

No County ... which has paid employees on its fire force, including but not limited to fire apparatus operators, except by referendum, shall disband such fire force in favor of having such services performed by volunteers.

Section 1.1(a) provides, in relevant part:

Whenever authorized by ordinance of the governing body, or upon petition of the registered voters of any municipality to the county board of electors of the county wherein the municipality is located, an election shall be held in the municipality upon the following question:
Shall the (county, city, borough, town or township) of _ disband the paid fire force in favor of having fire protection services performed by volunteers?
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53 P.S. § 751.1(a).

Macher argues that the fire fighters located at West Mifflin constituted a “fire force” separate from the fire force at Pittsburgh International within the meaning of the statute. The County asserts that a fire force consists of all'personnel, wherever assigned, who are involved in bringing about the ultimate purpose of a fire force, i.e. combatting fires and other disasters at County facilities to minimize the danger and damage to persons and property which result therefrom. See Hust v. Evansville, 217 Ind. 147, 26 N.E.2d 387 (1940); Board of Trustees of Firemen’s Pension Fund of City of South Bend v. State ex rel. Hyatt, 221 Ind. 110, 46 N.E.2d 595 (1941); Cain v. Heckman, 146 Ind.App.

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Bluebook (online)
675 A.2d 378, 1996 Pa. Commw. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macher-v-county-of-allegheny-pacommwct-1996.