Pirillo v. Vanco
2013 Pa. Commw. LEXIS 317
| Pa. Commw. Ct. | 2013Background
- Appellants Pirillo, Rugg, Swanson, Hessley, and Campbell challenge a Warren County order denying declaratory relief regarding salaries and fringe benefits for elected county officers.
- Dec. 7, 2010, County Commissioners held a special meeting to set wage rates and benefits for officials with terms starting Jan. 1, 2012.
- Motion: raise wages 2.5% in 2012 and 2% annually 2013–2015 with fringe benefits following the applicable department’s terms for all officials except Jury Commissioners and Auditors.
- Motion: raise wages 2.5% in 2012 and 2% annually 2013–2015 with no benefits for Auditors beginning 2012.
- Motion: pay Jury Commissioners the minimum state-mandated wage ($2,000/year for 2012–2015 if sixth class) with no benefits.
- Appellants work less than 20 hours per week, are not full-time, and are not supervisors; they are the only county officers not meeting full-time schedules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fringe benefits may be terminated for Appellants under §1556. | Olson supports parity for part-time officers; DeGeorge prohibits singling out Auditors. | Olson distinguishes part-time status; DeGeorge not controlling here; county may treat part-time officers like other part-timers. | No abuse; fringe benefits terminated consistent with Part-time status and Olson. |
| Whether Jury Commissioners’ base salary was properly fixed under the General Salary Act. | Should preserve 2011 level and apply increases like other officials per DeGeorge. | General Salary Act requires fixing salary per statute; compliance with §11011-10.1(e) is sufficient. | County complied with the Act by setting $2,000 annual base (sixth class) and applying equal percentage increases. |
Key Cases Cited
- DeGeorge v. Young, 892 A.2d 48 (Pa. Cmwlth. 2006) (limits discretion to offer benefits unequally to similarly situated officers)
- Olson v. Sorg, 933 A.2d 677 (Pa. Cmwlth. 2007) (treatment of part-time officials consistent with similarly situated employees)
- Belitskus v. Stratton, 830 A.2d 610 (Pa. Cmwlth. 2003) (notice requirements for salary actions not requiring formal adoption at meeting)