92 A.3d 112
Pa. Commw. Ct.2014Background
- Petitioners (Bedford County Board of Commissioners and Treasurer) filed in original jurisdiction for declaratory and equitable relief over three statutorily-based funds.
- Dispute centers on who may maintain and disburse funds: Fines/Forfeiture Fund, DUI School Fund (AHSS), and Supervisory Fund.
- Cross-motions for summary judgment were treated as cross-applications for relief; Petitioners seek relief against President Judge Ling, who counters with his own claims.
- Fines/Forfeiture Fund: funds typically go to county but Bedford CCP deposits them in its own account, outside county control; Ling allegedly withheld funds.
- DUI School Fund: AHSS fees are to be established and maintained by the county and deposited to the county treasury; Ling appointed the DUI program coordinator but lacks authority to set fees or divert funds; county must receive AHSS fees.
- Supervisory Fund: funds from the Crime Victims Act may be disbursed by the president judge at his discretion to probation/parole salaries/expenses; pattern of prior directives funded expenditures out of Supervisory Fund with reimbursements due to the county general fund; at issue is reimbursement and whether Ling may hinder such reimbursements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority over AHSS fees and DUI Fund | Bedford County controls AHSS fees via 75 Pa.C.S. § 1549(b)(1) and 67 Pa.Code § 94.14. | Ling's authority to appoint the DUI coordinator extends to some discretion but not to setting fees or controlling the fund. | Ling lacks authority to establish or maintain the AHSS; fees must go to county treasury; county has duty to maintain AHSS and set fees. |
| Reimbursement of Supervisory Fund expenditures | Discretionary spending from Supervisory Fund that incurred $246,842 in expenses must be reimbursed to the county; Ling cannot halt reimbursement once authorized. | Discretionary authority over Supervisory Fund allows ongoing spending; reimbursement is not required beyond professional directives. | Treasurer may transfer Supervisory Fund monies to reimburse the county for prior authorized expenses; Ling cannot hinder such reimbursement. |
| Fines/Forfeiture Fund remittance to county treasury | Fines/Forfeiture revenues are payable to the county under § 3572 and should be remitted timely; Ling failed to remit. | Ling provides no developed contrary argument in briefing; issues not adequately addressed on this claim. | Petitioners' request regarding Fines/Forfeiture Fund denied due to lack of developed argument establishing entitlement to relief. |
Key Cases Cited
- Phaff v. Gerner, 303 A.2d 826 (Pa. 1973) (affirms standard for undisputed facts in declaratory actions?)
- Bowen v. Mount Joy Twp., 644 A.2d 818 (Pa. Cmwlth. 1994) (declaratory action requirements and standing)
- Brittain v. Beard, 974 A.2d 479 (Pa. 2009) (summary relief standard under Pa. R.A.P. 1532(b))
- Jubelirer v. Rendell, 953 A.2d 514 (Pa. 2008) (summary relief/partial relief standards)
- Nationwide Mut. Ins. Co. v. Wickett, 763 A.2d 813 (Pa. 2000) (appealability of partial declaratory orders under certain conditions)