Appeal from order of Court of Common Pleas of Lycoming County, Feb. T., 1969, No. 700, in case of T. A. Doebler, Jr., v. Carl L. Mincemoyer.
Thomas C. Raup, and Fisher, Rice & Raup, for appellant.
T. Max Hall, and McNerney, Page, Vanderlin & Hall, for appellee.
Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Opinion by Mr. Justice Pomeroy. Mr. Justice Barbieri dissents. Dissenting Opinion by Mr. Justice Roberts. Mr. Chief Justice Bell joins in this dissent.
This is an appeal from a final order of the Court of Common Pleas of Lycoming County entering judgment against appellant in a quo warrantor action.*fn1
The facts, undisputed, are as follows: At the General Election of November, 1967, appellant was elected a director of the Jersey Shore Area School Board. He took office in December of 1967 and has served in that capacity since that time. At the time of and at all times since his election to the School Board, appellant has been an instructor in the Willamsport Area Community College. That Community College is sponsored by nineteen school districts, one of which is the Jersey Shore Area district. A director of a sponsoring school district has the power to vote for trustees of the Community College and to vote on the approval of its annual budget.
Appellee contends that appellant is precluded, by virtue of Section 322 of the Public School Code, from concurrently holding the office of School Director and
teacher at the Community College. Section 322 of the Public School Code of 1949, P. L. 30, Article III, Section 322, as amended (24 P.S. 3-322) provides in applicable part: ". . . any person holding . . . the office of . . . teacher, or employee of any school district, shall not be eligible as a school director in this Commonwealth. This section shall not prevent any . . . teacher, or employee of any school district from being a school director in a district other than the one in which he is employed, and other than in a district with which the district in which he is employed operates a joint school or department." The lower court held that Section 322 indicated the Legislature's intention of prohibiting a teacher from having any supervisory control over his own employment. Accordingly, since appellant was a director of the Jersey Area School Board and since that School Board was one of the nineteen sponsoring school districts of the Community College where appellant taught, the lower court concluded that the two positions, in light of the legislative intent as the court determined it, were incompatible. As the opinion of the court puts it, "[t]o hold otherwise would give a director supervisory control over his own employment." We agree, and affirm.*fn2
It is true, as appellant points out, that the Public School Code, supra, was enacted in 1949, and the Community College Act of 1963 in that year, Act of August 24, 1963, P. L. 1132, § 1 et seq., 24 P.S. § 5201 et seq.
Thus the incompatibility clause in the former act did not expressly encompass community college employment, nor was this accomplished when the relevant section, § 322, of the Public School Code was amended in 1968, Act of January 12, 1968, P. L. [ILLEGIBLE WORD], No. 2, § 1, 24 P.S. 3-322. We do not, however, consider that this sequence of ...