58 A.2d 454 | Pa. | 1948
The plaintiff borough applied for a declaratory judgment determining whether or not the Civil Service Act of June 1, 1945, P. L. 1232, 53 PS 355.1, applied to a fireman employed by the borough before the Act was passed: compare Bragdon v. Ries,
Section 20 of the Act deals with removals, and section 21 provides procedure for the purpose. Section 22 provides: "Present Employes Exempted. — All appointments as fire apparatus operators of municipalities upon the effective date of this act shall continue to hold their positions and shall not be required to take any examination under the provisions of this act, except such as may be required for promotion: Provided, however, That this section shall not be construed to apply to persons employed temporarily in emergency cases."
Defendant was reduced in rank from Second Fire Captain to Driver, at wages $21.00 a month less than what he received as Second Fire Captain. He complained to the Civil Service Commission against the action of the borough, as authorized by section 21 of the Act. The commission sustained his complaint. In its certificate dated November 8, 1946, the commission stated: "The unanimous opinion of the members of the Commission is that Hartwell Willey was demoted without a proper hearing as provided for by section 1 (a)" of the Act of June 1, 1945. The reference to the statute is to the following provision: "No person shall hereinafter (sic) be suspended, removed or reduced in rank as a paid operator of fire apparatus of any municipality, except in accordance with the provisions of this act."
The borough's right to a declaratory judgment was asserted on the ground that the Civil Service Act of June 1, 1945, was unconstitutional if construed to apply *146 to the borough's existing employment contract with the defendant; that, accordingly, the Civil Service Commission had no power to consider defendant's complaint against his demotion and reach the conclusion announced. After hearing the parties and their evidence, the court made an order declaring that defendant's right to the position terminated on the election of his successor by the borough council and that defendant had been lawfully demoted.
The record contains a resolution of borough council fixing salaries of "the following named officers and employes of the borough" which included the police department, fire department, street department, etc. The employes of the Fire Department are obviously not public officers but borough employes:Commonwealth v. Black,
The order appealed from is reversed, costs to be paid by the plaintiff in the proceeding.