The Pennsylvania Supreme Court has ruled in favor of Phoenixville Councilmember Ken Buckwalter in his suit against the Borough. In a December 28, 2009 decision the court held that “the Phoenixville Borough Council lacked the authority to change its councilmembers’ pay during incumbent councilmember’s terms.” The Borough's ordinance violated Article 3, Section 27 of the Pennsylvania constitution.
The opinion authored by Mr. Justice Eakin (in which five other justices joined) and the concurring opinion of Mr. Justice Saylor can be found here and here.
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2 comments:
Congratulations! Nice to see an occasional common sense ruling. I'm impressed with your new found PA Supreme Court experience. Well done. Have any remedial actions been defined, ie. paying back pay or do we just go forward with Council's pay.
Congratulations, Ken and Richard Breuer for quick recognition of the apparent flaws in the original decision by Phoenixville Borough Council and for having the persistence and fortitude to create new law which will now guide Pennsylvanians and others.
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