Summit Hill School Directors
Summit Hill School Directors
Opinion of the Court
Opinion by
This appeal by defendants is from a decree of the Common Pleas removing them, from the office of school directors of the Borough of Summit Hill, for having procured certain work to be done on a school building without calling for competitive bids, in violation of section 617 of the School Code of May 18,1911, P. L. 309, which provides that “every contract in excess of three hundred dollars ($300), made by any school district in this Commonwealth, for the introduction of heating, ventilating, or lighting systems, or the construction, reconstruction, or repair of any school building, or. work, upon any school property, shall be awarded to the lowest and best bidder, after due public notice has been given, upon proper terms asking for competitive bids.”
The proceeding was begun under Section 217 of the code by petition of resident taxpayers of the district setting forth that the affairs of the school district were conducted by the board through committees, among others a building committee consisting of three members which let a contract for labor and materials amounting to more than $300 in violation of section 617 óf the code. Other stated violations of duty were charged in the petition; as the action of the court below however was based on the violation of section 617 alone, their consideration becomes unnecessary.
The work in question was chiefly in connection with certain alterations in the third floor of an old school building. This floor contained four rooms lighted by twelve dormer windows and was not equipped with a ventilating system nor provided with sufficient light to meet the requirements of.the school code. As a result of these deficiencies a medical inspector notified the board that alterations must be made before using the rooms for school purposes. In conformity with instructions received at a meeting of the board, the building committee entered into a contract with a building contractor to install new dormer windows adjoining the old
Under section 217 of the school code, the removal of directors for the causes alleged is a-matter within the discretion of the court below. Ho express right to appeal is given, and therefore this court will consider the matter as before it upon certiorari only and will review -the record so far as may be necessary to ascertain wheth
Appellant argues that, as the petition in the present .proceeding asks that the seats of the school directors, be declared vacant, the court was without power to remove respondents; consequently the petition should have been dismissed. It is true the petition asks that a rule be granted to show cause why the seats of the respondents “should not be declared vacant and other persons appointed in their stead” and section 217 of the code gives the court power “to remove said board” or any of its members, if in its opinion a duty imposed on them has been neglected, “and appoint......other qualified persons in their stead.” The technical variance between the wording of the petition and the act is not such as requires a reversal. Section 217 is the only one in the code providing for the removal of school directors from office for neglect of duty. The petition specifically sets forth the sections of the act alleged to have been violated, and there can be no doubt that respondents were fully informed of the charge brought against them. A petition to declare an office vacant because of specified misconduct of the incumbent and to appoint another in his stead, cannot fail to inform all concerned that the purpose is to remove from office for the cause alleged.
Section 617, requiring that all contracts for work on school buildings or property in excess of $300 “shall
Tbe decree of tbe court below is affirmed.
Reference
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- School law—School code of May 18,1911, P. L. 809, Secs. 217 amd 617—School directors—Awarding of contracts without competitive bidding—Removal—Judicial discretion. 1. Under Section 217 of the school code of May 18, 1911, P. L. 309, the removal of directors for the causes specified is a matter within the discretion of the lower court. 2. -Section 617 of the school code, requiring that all contracts for work on school buildings or property in excess of $300 “shall be awarded to the lowest and best bidder, after due public notice has been given, upon proper terms asking for competitive bids,” is mandatory. 3. A petition instituted .under Section 217 of the school code by resident taxpayers of the school district alleged that the three directors had let a contract for labor and materials amounting to more than $300, without competitive bidding, in violation of Section 617 of the code. It appeared that certain repairs were needed and that the directors had let a number of contracts, each of which contract was less than $300, but the aggregate amount of which exceeded $300, without competitive bidding. The lower court found that, although there was no actual fraud or dishonesty, the letting of several contracts for repairs, each for a less amount than $300, indicated at least an intention to avoid tbe requirements of tbe codé, and removed tbe directors. Held, tbe lower court bad not abused its discretion, and tbe decree was affirmed. Practice, Supreme Court cmd C. P.—Petition to declare seats of school directors vacant—Variance—Appeals—Certiorari—Abuse of discretion. 4. Tbe court bad power to remove tbe directors although tbe petition only asked that their seats be declared vacant. Tbe technical variance between tbe petition and act is immaterial. 5. No express right to appeal is given in this case, and the Supreme Court will consider tbe matter as before it upon certiorari only, and will review tbe record only so far as will be necessary to ascertain whether tbe lower court exceeded its jurisdiction or abused its legal discretion.