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COMMONWEALTH PENNSYLVANIA EX REL. KENNETH G. BIEHN v. MARY ANNE HAGER (12/21/79)

decided: December 21, 1979.

COMMONWEALTH OF PENNSYLVANIA EX REL. KENNETH G. BIEHN, ESQ., DISTRICT ATTORNEY OF BUCKS COUNTY, PENNSYLVANIA
v.
MARY ANNE HAGER, APPELLANT



No. 33 January Term, 1978, Appeal from the Order dated December 5, 1977, Court of Common Pleas, Civil Action-Law, County of Bucks at No. 77-1856-04-5

COUNSEL

Richard W. Rogers, Norristown, Montgomery Co., for appellant.

Stephen B. Harris, First Asst. Dist. Atty., William C. Roeger, Jr., Perkasie, Bucks Co., for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., did not participate in the decision of this case. Nix, J., concurs in the result.

Author: Larsen

[ 487 Pa. Page 180]

OPINION

On February 23, 1977, the district attorney's office of Bucks County, appellee, filed a Complaint in Quo Warrantor in the Court of Common Pleas of Bucks County against Mary Anne Hager, appellant. The complaint alleged that appellant was employed as an elementary school teacher by the Quakertown Community School District and that her position as teacher in that school district was incompatible with her position as a school director in the Pennridge School District. The complaint relied upon § 3-322 of the Public School Code of 1949, as amended, 24 P.S. §§ 1-101-27-2702 (1962) (hereinafter referred to as the Code). That section provides, in relevant part:

Eligibility; incompatible offices

Any citizen of this Commonwealth, having a good moral character, being eighteen (18) years of age or upwards, and having been a resident of the district for at least one (1) year prior to the date of his election or appointment, shall be eligible to the office of school director therein: Provided, That any person holding . . . the office of . . . teacher, or employe of any school district, shall not be eligible as a school director in this Commonwealth. This section shall not prevent any . . . teacher, or employe of any school district, from being a school director in a district other than the one in which he is so

[ 487 Pa. Page 181]

    employed, and other than in a district with which the district in which he is employed operates a joint school or department. . . . (emphasis added).

The complaint (as amended) further asserted that the Pennridge School District and the Quakertown Community School District (as well as the Palisades School District) jointly operated the Upper Bucks County Area Vocational-Technical School and that, therefore, the incompatibility provisions of § 3-322 (emphasized above) were operative. The prayer for relief demanded appellant's removal from her office of school director.

Responsive pleadings were filed and appellee's motion for judgment on the pleadings was granted. The opinion and order of the lower court held that appellant was prohibited from serving both as a teacher in the Quakertown School District and a school director in the Pennridge School District and, accordingly, ordered her removed from her office as school ...


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