16 A.2d 741 | Pa. Super. Ct. | 1940
Argued September 30, 1940. Appellants, school directors of the School District of the Borough of North Braddock, were charged in an indictment containing three counts with wilful misbehavior in office, and were found guilty by a jury as indicted. Their motion for new trial was refused, and sentence imposed.
On this appeal appellants' position is that the trial judge should have directed a verdict of not guilty as requested, and the argument is confined to the sufficiency of the evidence.
The indictment charged that appellants did unlawfully and wilfully misbehave themselves in their said office, in that they unlawfully and wilfully purchased paint and painting supplies from one Neff Brothers [Neff Paint Glass Company], for and on account of the School District of the Borough of North Braddock, involving a sum over $300, without public notice having been given asking for competitive bids, ordered and caused to be made the payment of the sum of $428.74 therefor, and purchased, entered into a contract, and ordered the delivery of the same without the affirmative vote of a majority of all the members of the school board being duly recorded showing how each member voted.
Appellants in their brief admit that the cost of the paint purchased amounted to over $300; that the order was placed without competitive bidding; and that, if this were all that was involved, the violation of the School Code in that respect would admit of no argument. *568 The evidence discloses that during the summer of 1939 a purchase of paint and paint supplies was made from the paint company in the amount of $424.74. This order represented the combined requirements for the various school buildings in the district, and was given without any advertisement. The paint and supplies were received as ordered, and all of appellants voted to pay the bill. The minutes of the board do not show that there was ever any motion made authorizing the purchase of the paint and the supplies, or the recording of any vote of the members of the board relative thereto. It was testified that at the June meeting of the board in 1939 it was stated some paint would be needed by the school district, but that no formal action or vote was taken.
It is contended by appellants that an emergency arose which necessitated the purchase of this paint; that it would admit of no delay; and that it prevented appellants from following the provisions of the School Code, Act of May 18, 1911, P.L. 309, as amended,
Assuming that emergencies may arise which require such immediate action as will prevent full compliance with all the provisions of the Code, this record discloses no emergency of that imperative nature. The last regular meeting of the board before the beginning of the school term in September, 1939, was held on June 15, 1939. It is said that, during the months of July and August, 1939, it was impossible to get a quorum for any regular meeting. Appellants, however, knew that portions of the school buildings were painted every summer; yet no action was taken at the regular meeting on June 15, 1939. This customary annual painting was not something that suddenly arose. The situation was known to appellants in sufficient time so that proper action could and should have been taken. If it could be said that there was any emergency, it was caused by appellants' own neglect. Then there were two special meetings of the board in July, 1939, at which a quorum was present. No attempt was made to call a special meeting at any time for the purchase of paint and paint supplies. This could have been done rather than proceed in full disregard of the law.
In the complete absence of definite proof, it would *570
be difficult to believe that school life in the district would not have continued unhampered even if the painting had not been accomplished before the opening of the school term. There was no such immediate action required as if there had been a bursting of a large water pipe, or some similar untoward event. Even then the board would not be justified in ignoring the Code altogether, but only in passing over such of the requirements as could not be fully met. Chester School District's Audit,
Appellants continue their argument by pointing out that there was no evidence that any fraud had been perpetrated or favoritism shown in the letting of the contract; that they acted honestly in purchasing the materials from a reputable concern; and that the school district received fair value for the expenditure. These elements are not controlling; nor was it necessary that the Commonwealth establish that appellants acted with criminal intent. It was sufficient for the Commonwealth to prove that appellants wilfully breached a positive statutory duty of a ministerial nature as charged in the indictment. Commonwealth v.Hubbs (No. 2),
Section 617 of the School Code, as amended by the Act of May 29, 1931, P.L. 243, § 16, 24 P. S. § 763, provides that: "All construction, reconstruction, repairs, or work of any nature, including the introduction of heating, ventilating, or lighting systems, upon any school building or upon any school property . . . . . . where the entire cost, value, or amount . . . . . . including labor and material, shall exceed three hundred dollars ($300.00) . . . . . ., shall be done under contract or contracts to be entered into by such school district *571 with the lowest responsible bidder, upon proper terms, after due public notice has been given asking for competitive bids. . . . . ."
Section 708 of the School Code, 24 P. S. § 830, provides that all supplies of the second class specified in section 706 of the School Code, as amended, 24 P. S. § 828, if their cost be three hundred dollars or more, "shall be awarded and purchased only after public notice has been given by advertisement, published once each week for three weeks in not less than two newspapers of general circulation. . . . . ."
Section 403 of the School Code,
These provisions are mandatory and not matters of discretion. See Summit Hill School Directors,
Section 516 of the School Code, 24 P. S. § 364, provides that: "The board of school directors in every school district in this Commonwealth shall have the right to use and pay out, in the manner herein provided, any funds of the district for any and all of the purposes herein provided, subject to all the provisions of this act. The use or payment of any public school funds of any school district in this Commonwealth, in any manner or for any purpose not provided in this act, shall be illegal."
The purpose and public policy behind these provisions *572
of the School Code are to protect the school districts from any possible collusion and dishonesty, and to insure that where material or supplies in an amount over $300 are purchased they will be obtained at the best possible price. See Commonwealth v.Rosser et al.,
The Act of March 30, 1937, P.L. 113, § 1,
We are of one mind that the evidence was sufficient to sustain the convictions, and hence was for the jury.
Assignments of error are overruled.
Judgments are affirmed, and the record is remitted to the court below, and it is ordered that defendants appear in the court below at such time as they may there be called, and that they be by that court committed until they have complied with the sentences, or any part thereof which had not been performed at the time each appeal in this case was made a supersedeas.