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MICHAEL FORAKER APPEAL DISMISSAL BY NORRISTOWN POLICE DEPT. MICHAEL FORAKER (01/24/86)

decided: January 24, 1986.

IN RE: MICHAEL FORAKER APPEAL OF DISMISSAL BY NORRISTOWN POLICE DEPT. MICHAEL FORAKER, APPELLANT


Appeal from the Order of the Court of Common Pleas of Montgomery County in case of In Re: Michael Foraker Appeal of Dismissal by Norristown Borough Council from Norristown Police Department, No. 82-14575.

COUNSEL

John Alden, for appellant.

Paul C. Vangrossi, Solicitor, for appellee.

Judges Craig and Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 94 Pa. Commw. Page 322]

Michael Foraker (appellant) was dismissed from his position as a police officer by the Norristown Police Department. He appealed the dismissal to the

[ 94 Pa. Commw. Page 323]

Civil Service Commission of the Borough of Norristown, which subsequently upheld the dismissal in a decision dated July 21, 1982. Appellant then appealed the decision of the Civil Service Commission to the Court of Common Pleas of Montgomery County on September 20, 1982. This appeal was dismissed as untimely, and an appeal to this Court followed.

The sole question presented by this case is whether the provisions of Section 46191 of The Borough Code,*fn1 allowing sixty days in which to file an appeal, have been impliedly repealed by ยง 5571 of the Judicial Code,*fn2 which establishes a uniform thirty day appeal period for all statutory appeals.

Section 46191 of The Borough Code provides, in pertinent part, that "[a]ll parties concerned shall have immediate right of appeal to the Court of Common Pleas of the County . . . [and] [s]uch appeal shall be taken within sixty days from the date of entry by the Commission of its final order. . . ."*fn3 Section 5571 of the Judicial Code provides:

(b) Other courts. -- Except as otherwise provided in subsections (a) and (c), an appeal from a tribunal or other government unit to a court or from a court to an appellate court must be commenced within thirty days after the entry of the order from which the appeal is taken, in the case of an interlocutory or final order.*fn4

Although the Judiciary Act Repealer Act (JARA)*fn5 extensively repeals statutes or portions thereof, it is clear that it does not expressly repeal the pertinent provision of The Borough Code, quoted above; ...


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