Appeal of Gagliardi
| Decision Date | 04 May 1927 |
| Citation | 401 Pa. 141,163 A.2d 418 |
| Parties | Appeal of Edmund J. GAGLIARDI, from validity of an Ordinance of the Borough of Ambridge, under the provisions of the Act of |
| Court | Pennsylvania Supreme Court |
Eugene T. Rumisek, Beaver Falls, for appellant.
Genevieve W. Settino, Borough Sol., Ambridge, for appellee.
Before CHARLES ALVIN JONES, C. J., and MUSMANNO, BENJAMIN R. JONES, COHEN, BOK and EAGEN, JJ.
This is an appeal from the validity of an ordinance which is placed under fire at the instance of petitioner-appellant because of alleged inconsistencies existing between its purport and certain provisions of The Borough Code of May 4, 1927, P.L. 519, as amended 53 P.S. § 45001 et seq.
Specifically, the ordinance provides as follows:
'(b) That after six months has elapsed and the employee has not complied with the requirements of this ordinance, then the Town Council may, in its discretion, either suspend the employee until he complies with said residential requirements or dismiss the employee immediately.
Appellant is a member of the police force of the Borough of Ambridge in Beaver County, Pennsylvania. He was legally appointed thereto on January 15, 1948. At that time and for years previously, he was a continuous resident of Ambridge. In 1958, he moved and took up residence in the adjoining township of Harmony, Beaver County. Thereafter, on November 10, 1958, the Borough of Ambridge enacted the above ordinance. On December 10, 1958, petitioner instituted this action in the court below. The appeal was dismissed.
A municipality is a creature of the state and possesses only such powers of government as are expressly granted to it and as are necessary to carry the same into effect. Among the corporate powers granted by the Commonwealth by statute to boroughs is the power 'to make and adopt all such ordinances, by-laws, rules and regulations not inconsistent with or restrained by the Constitution and laws of this Commonwealth, as may be expedient or necessary for the proper management, care and control of the borough and its finances, and the maintenance of peace, good government, safety and welfare of the borough and its trade, commerce and manufacturers'. Act of May 4, 1927, P.L. 519, art. XII, § 1202, subs. LIV as amended by the Act of July 10, 1947, P.L. 1621, § 40; 53 P.S. § 46254. Among the duties of borough councils is that which is prescribed as follows: 'To enact, revise, repeal and amend, such by-laws, rules, regulations, ordinances and resolutions, not inconsistent with the laws of the Commonwealth, as it shall deem beneficial to the borough and to provide for the enforcement of the same * * *'. Act of May 4, 1927, P.L. 519, art. X, subd. a, § 1006, subs. III; as amended by the Act of July 19, 1951, P.L. 1026, § I; 53 P.S. § 46006.
Appellant submits that the ordinance involved is inconsistent with the civil service provisions of the Borough Code (53 P.S. §§ 46125, 46165 and 46174), which specifically set forth the reasons for which borough policemen may be suspended, reduced in rank or removed from their positions. He argues that this ordinance provides the penalty of discharge for noncompliance therewith and in effect adds another reason, not specifically given by statute, for which the borough may remove a policeman from his position.
The only statutory requirement specifically stated as to residence of police officers is in the form of a qualification for appointment. The Act of May 4, 1927, P.L. 519, art. XI, subd. j, § 1179 as added by ...
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