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

COMMONWEALTH COURT OF PENNSYLVANIA


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of Section 46191 of The Borough Code,*fn1 allowing sixty days in which to file an appeal, have been impliedly repealed by ยง 5571 of the Judicial Code,*fn2 which establishes a uniform thirty day appeal period for all statutory appeals.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; therefore, we must decide whether there is an implied repealer.

[ 94 Pa. Commw. Page 324]

On the issue of implied repeal by later statute, Section 1971 of the Statutory Construction Act of 1972 (Act)*fn6 states:

(a) Whenever a statute purports to be a revision of all statutes upon a particular subject, or sets up a general or exclusive system covering the entire subject matter of a former statute and is intended as a substitute for such former statute, such statute shall be construed to supply and therefore to repeal all former statutes upon the same subject.

(b) Whenever a general statute purports to establish a uniform and mandatory system covering a class of subjects, such statute shall be construed to supply and therefore to repeal pre-existing local or special statutes on the same class of subjects.

In the case of Crown v. Township of Ross, 68 Pa. Commonwealth Ct. 588, 449 A.2d 878 (1982), aff'd sub nom. Appeal of Chartiers Valley School District, 501 Pa. 620, 462 A.2d 673 (1983), this Court found that the Judicial Code is an effort to create a uniform system covering appeals. In its affirmation of Crown, the Supreme Court stated that "[g]iven the overriding purpose of the Judicial Code, the obvious intent of the legislature in enacting this section was to make uniform the appeal period applicable to cases heard by our courts." Appeal of Chartiers Valley School District, 501 Pa. 620, 625, 462 A.2d 673, 676 (1983). Since the Judicial Code purports to establish a uniform system for appeal periods heard by the courts, Section 1971 of the Act mandates that all pre-existing local or special statutes on the same class of subjects are impliedly repealed.

In Crown we held that Section 55645 of the First Class Township Code, Act of June 24, 1931, P.L. 1206,

[ 94 Pa. Commw. Page 325]

The inconsistency between the Judicial Code and The Borough Code mandates the repeal of the inconsistent portion of The Borough Code.

Therefore, we affirm the trial court.

Order

And Now, January 24, 1986, the order of the Court of Common Pleas of Montgomery County, No. 82-14575, dated January 18, 1983, is affirmed.

Disposition

Affirmed.


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