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DONALD S. WEAVER v. JACK F. TRACY ET AL. JACK F. TRACY (10/27/81)

decided: October 27, 1981.

DONALD S. WEAVER
v.
JACK F. TRACY ET AL. JACK F. TRACY, RAYMOND G. HERR AND JEAN D. MOWERY, COMMISSIONERS OF THE COUNTY OF LANCASTER, APPELLANTS. DONALD S. WEAVER V. JACK F. TRACY ET AL. WILLIAM E. CHILLAS, APPELLANT



Appeals from the Order of the Court of Common Pleas of Lancaster County in case of Donald S. Weaver, Controller v. Jack F. Tracy, Raymond G. Herr and Jean D. Mowery, Commissioners, and William E. Chillas, County Solicitor, No. 175 November Term, 1978.

COUNSEL

W. Jeffrey Sidebottom, Barley, Snyder, Cooper & Barber, for appellant, Jack F. Tracy et al.

David E. Lehman, McNees, Wallace & Nurick, for appellant, William E. Chillas.

John I. Hartman, with him S. R. Zimmerman, III, for appellee.

Judges Mencer, Rogers and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 62 Pa. Commw. Page 272]

We have consolidated the appeals of the County Commissioners and the Solicitor of Lancaster County from a judgment of the Court of Common Pleas of Lancaster County declaring that the method employed by the Commissioners to fix the amount of the Solicitor's remuneration was unlawful.

The record shows that from 1973 to 1977 the County Solicitor received in annual salary amounts ranging from $8,000 in 1973 to $17,000 in 1977. In September, 1977, one William E. Chillas was appointed Solicitor and he and the Commissioners agreed that Chillas' remuneration would be the product of the number of hours he spent performing his duties times $45. It appears

[ 62 Pa. Commw. Page 273]

    from the Controller's Petition for Declaratory Judgment that Mr. Chillas submitted hourly time sheets to the county between September, 1977, and the end of August, 1978, which, at the rate agreed upon, would produce pay in excess of $38,000.

The Honorable W. Hensel Brown, Senior Judge for the Court below found the $45 an hour basis for compensation for the County Solicitor to be violative of Article XVI of the County Code and ordered "the Salary Board of Lancaster County [to] set a fixed salary of the County Solicitor at a total dollar amount for a set period of time in advance of the work to be performed." We affirm.

Section 1605 of the County Code, Act of August 9, 1955, P.L. 323, as amended, 16 P.S. ยง 1605, ...


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