Consumers Education and Protective Association v. Schwartz

In Consumers Education and Protective Association v. Schwartz, 495 Pa. 10, 432 A.2d 173 (1981), our supreme court recognized that section 1001 of the Code expressly authorizes a borough council to "fix by ordinance" the compensation of council members during their terms of office; in fact, the court acknowledged that Philadelphia City Council could do the same if given such express statutory authority. In Schwartz, the court voided a salary increase bill where the Philadelphia City Council members voted for a salary increase during the term for which they were elected. The court reasoned that Philadelphia was still governed by the Act of May 13, 1927, P.L. 992 (Act of 1927), as amended, 53 P.S. 13403, which contains a prohibition against the increase or decrease of the salary, compensation or emoluments of any elected officer after his election, and rejected this court's prior determination that the Act of 1927 had been superseded by the City's home rule charter, which contained more permissive language. In reasoning that is relevant to the case now before us, the court stated: When the Legislature itself seeks to depart from salutary public policy principles, it must express its intention to do so explicitly, and any power so granted will be strictly construed. ... Although there is no doubt that the Charter Commission had the power to supersede the Act of 1927 if it explicitly chose to do so, we must adhere to a standard of strict construction, and in the absence of an explicit direction on the part of the Commission to abrogate the long standing and wholesome policy of this Commonwealth to preclude an elected official from simultaneously representing both himself and his constituents, we must, if possible, adopt the interpretation of the Charter consistent with the continued vitality of such a venerable and salutary public policy. Schwartz, 495 Pa. at 19-20, 432 A.2d at 178. In a footnote to this paragraph, the court cited section 1001 of the Code as an example of the type of explicit statutory language required and observed that in the only instance where the Legislature has affirmatively authorized a class of municipality to confer in-term salary increases upon those voting on the measure, it has expressed its intention to do so with explicit specificity: The councilmen may receive compensation to be fixed by ordinance at any time and from time to time as follows.... Borough Code, 53 P.S. 46001. Schwartz, 495 Pa. at 19, n.13, 432 A.2d at 178, n.13.