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JAMES T. MALLOY v. HERBERT PFUHL (06/01/88)

decided: June 1, 1988.

JAMES T. MALLOY, JR. ET AL., APPELLANTS
v.
HERBERT PFUHL, JR., AND THE CITY OF JOHNSTOWN, APPELLEES



Appeal from the Order of the Court of Common Pleas of Cambria County, in the case of Herbert Pfuhl, Jr., and The City of Johnstown v. James T. Malloy, Jr., Albert M. Penska, Fern Dorian, John Williams, William Stasko, William S. Gentile, Jr., Ron R. Stevens, Anthony C. Truscello and Owen W. Wissinger, No. 1987-33.

COUNSEL

Nicholas Banda, for appellants.

Richard J. Green, Jr., for appellees.

President Judge Crumlish, Jr., and Judges Craig, MacPhail, Colins, Palladino, McGinley and Smith. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 116 Pa. Commw. Page 462]

The members of the Council of the City of Johnstown (Council)*fn1 appeal a Cambria County Common

[ 116 Pa. Commw. Page 463]

Pleas Court order declaring certain wage and salary ordinances*fn2 invalid. We reverse.

In 1972, the citizens of Johnstown voted to adopt a new form of local government under the Optional Third Class City Charter Law*fn3 (Charter Law) entitled Mayor-Council Plan A,*fn4 thereby replacing the previous commission scheme delineated in The Third Class City Code.*fn5

Pursuant to the transitional provisions of the Charter Law,*fn6 the Council through ordinance adopted an Administrative Code which in pertinent part established the positions and salaries of several elected and appointed officials, their employees and various other municipal service employees.*fn7 Similar wage and salary ordinances amending the Administrative Code were enacted annually from 1974 until 1986, at which time Mayor Herbert Pfuhl, Jr., vetoed the ordinances on the grounds that they illegally encroached on executive

[ 116 Pa. Commw. Page 464]

    branch powers.*fn8 Council voted to override the veto, prompting the Mayor to seek ...


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