Commonwealth ex rel. Specter v. Moak

In Commonwealth ex rel. Specter v. Moak, 452 Pa. 482, 307 A.2d 884 (1973), our Supreme Court determined that Philadelphia assistant district attorneys were employees of Philadelphia County, and not state officers, and therefore subject to the 'resign to run' provision of Philadelphia's Home Rule Charter. In reaching that conclusion, our Supreme Court looked to "indicia of employment" such as the power of the Philadelphia City Council to set the salaries and fix the number of assistant district attorneys, as well as the assistant district attorneys' participation in Philadelphia's pension plan. Id. at 486, 307 A.2d at 887.