401 Pa. 381 | Pa. | 1960
Opinion by
This is an appeal from the judgment in an action of mandamus instituted in the court below by appellant, Jacob Manning, in which he seeks reinstatement to the office of chief of police of the Borough of Millbourne with pay for the period beginning February 1, 1954. Essential to a clear understanding of the issues presently confronting us is a brief expedition into the historical settings of Manning v. Millbourne Borough Civil Service Commission, 387 Pa. 176, 127 A. 2d 599 (1956).
Jacob Manning was appointed chief of police on January 3, 1951. He continued in that office until February 1, 1954, on which date the position was abolished by ordinance. Thereafter and until December 6, 1954, appellant served as a patrolman on the force. At that time he was dismissed for neglect of duty and conduct unbecoming an officer. From this dismissal he appealed to the civil service commission of the borough but was refused a hearing because his appointment as patrolman was not in conformance with civil service requirements. He then instituted an action of
Presented here and determined below was the issue of whether or not appellant had civil service status as chief of police. This question was not decided in the first Manning appeal, nor was it there raised. In that case, this Court said, p. 182: “A careful reading of the record leaves grave doubt as to whether the plaintiff was ever legally appointed as chief of police in accordance with §1178. But be that as it may, the issue here is whether Manning was validly employed as a patrolman.”
We said in the earlier Manning case, supra, p. 178: “It is well settled that the borough council had the right, acting in good faith, to discontinue the office of chief of police: (citing cases).” Counsel for appellant rely on Schearer v. Reading, 346 Pa. 27, 28 A.
In the earlier Manning appeal, this Court perhaps significantly stated: “Plaintiff does not contend that in abolishing the office of chief of police the council of the borough was activated by any improper motive. . . . Plaintiff has no further claim to that office or the emoluments thereof, nor does he so contend.” Now, in as much as appellant here did not raise that issue in the earlier appeal, we feel that the above-quoted language should not be held to be determinative of the issue on this appeal. But, what happened? Six weeks after that decision was filed, the office of “captain of police” was officially created and appellant at that time became convinced that the then three-year-old abolition of the office of chief was illegal because it was effected in bad faith. But the proof in the record is inadequate to sustain this allegation. If coun
The salary of chief immediately before elimination of the office was $3960 annually, that of patrolman $3500 a year. In 1954, when the office of chief was eliminated, the salary of patrolman was increased by $250 a year. With four patrolmen on the force, these raises amounted to $1000 yearly. By eliminating the office of chief and reducing Manning to patrolman, a reduction in his annual salary of only $210 was effected. “The resultant effect of the salary increases and the elimination of the office of chief of police was a net increase in cost to the Borough of Millbourne of $790 annually in the operation of the police force.” (p. 17, brief for appellant). In 1954, the salaries of secretary, treasurer and health officer were raised a total of $210. This is all that was shown. There is no positive proof at all of bad faith, but merely a showing of a $790 increase in the operation of the force and a $210 total increase in the salaries of the three above-named officers. Because Millbourne thus expended $1000 more in 1954 than it did in 1953 (the year the office of chief was abolished), appellant contends that in eliminating the office of chief of police,
Judgment affirmed.
Emphasis, ours.
Act of May 4, 1927, P. L. 519, art. XI, §1178, added July 10, 1947, P. L. 1621, §39, as amended July 19, 1951, P. L. 1020, No. 217, §1, 53 PS §46178.