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issued by the board but not paid, previous to the service of the writ of execution. An amount sufficent to pay those previously issued orders to be regarded as appropriated. Reappointment of treasurer.

154. No treasurer is to be reappointed until his accounts for the preceding year have been settled by the board, and audited by the district auditors.

Settlement.

155. The settlement by the board is for the purpose of ascertaining the condition of the district accounts, the amount of tax, etc., paid in, and of money paid out, and the balance on hand, if any, for the information of the board. Settlement by the auditors.

156. The settlement by the auditors, of the treasurer's accounts, is to verify those accounts, and to enable an appeal to be taken to court, by either party, if the case demand it.

Treasurer's accounts in independent districts.

157. The accounts of treasurers of independent districts will be settled by the auditors of the township from which the district was taken.

Percentage.

158. Percentage is not to be allowed to any out-going treasurer, on the unexpended balance in the district treasury, handed over to his successor.

Liability of treasurer for failure to pay money to successor.

159. Treasurers who refuse or neglect to pay over to their successors in office any balance of funds in their hands, are liable to the district for interest on the same from the time when this should have been paid over.

Embezzlement.

160. If a school treasurer should convert to his own use, or use by way of investment, any school moneys in his hands, or prove a defaulter, the act will be deemed an embezzlement, and be punished as a misdemeanor. 28

28.

School Laws and Decisions, page 62, 1903.

Annual settlement of treasurer.

161. The treasurer shall settle his accounts annually with the directors or controllers, in default of which he shall not be re-appointed. 29

When settlement is conclusive.

162. A settlement by township auditors of the account of the treasurer of a school district is conclusive unless an appeal is taken.30

Erroneous surcharge of treasurer. Remedy.

163. The remedy of a school district treasurer for erroneous surcharge at an audit of his accounts is by an appeal from the audit as provided by law; it is too late to raise the quesiion upon a motion to strike off the report.31

Bank.

164. The treasurer of a school district deposited the money of the district in a bank, to his account as treasurer. The bank failed. Suit was brought to recover the amount of the treasurer and his surety. It was held, that the bank having a reputation of solvency, and there being no negligence on the part of the treasurer, that there could be no recovery, but the loss must fall on the school district and not upon the treasurer individually.32

Unlawful payment. When treasurer liable.

165. The treasurer of the school fund, who was also a school director, and voted in favor of an unlawful payment, cannot shield himself from liability under the warrant of the board of directors.33

No discretionary power of treasurer.

166. He has no discretionary power, but must pay the order, when presented, if he has funds; and the auditors cannot refuse to receive these orders as vouchers, even if drawn for an illegal purpose.34

29.

Act May 8, 1854, Sec. 16, P. L. 620.

30. Porter vs. School Directors, 18 Pa. 144, 1851.

31. Commonwealth vs. Joyce, 3 Pa. Superior Ct. 609. 1897.

32. School vs. Stoner, 16 Mont. 107, 1900.

33. The Township of Dickinson vs. Linn, 36 Pa. 341, 1860. 34. 2 Wh. Dig. 605, P. L. 23.

He may be compelled by mandamus to pay an order, when he has funds in his hands, and sets up no defence in his answer. 35

He is not warranted in refusing to pay an order properly drawn, for a legal indebtedness, because the board has failed to provide funds sufficent to pay all indebedness of the district, or because payment of the order would not leave enough money in the treasury to meet current expenses.36

Penalty for failure of treasurer to pay over funds.

167. His refusal to pay over the whole funds in his possession, on demand, is evidence that he has used them for his private purposes, and subjects him to criminal. prosecution.37

Power to remove treasurer.

168 It appears that the board of directors of the Homeward sub-school district, in the City of Pittsburg, at its organization, in June 1900, chose the respondent treasurer of the board. At a subsequent meeting this action was reconsidered and another person chosen in his place.

On the appeal the Supreme Court decided that the office of treasurer of a school board is an appointed officer within the meaning of the constitution and removal at the pleasure of the board. 38

35. Commonwealth vs. Johnson, 24 Pa. Superior Ct.490, 1904.

36. Commonwealth vs. Virtue, 13 Lug. L. Reg. Rep. 191, 1904. 2 Wh. Dig. 605, page 26.

37.

38. Commonwealth vs. Sulzner, 198 Pa. 502, 1901.

MEETINGS.

VACANCIES.

APPOINTMENTS.

PAGE

169. Meeting of directors and controllers..........

170. "Stated and regular meetings of boards" defined........................................ 171. School directors have power to declare vacancies and make appointments...........

172. School directors sustained in removing absentees and appointing others........

.........

173. Proceedings to ouster a director for absence. Meaning of expressions "to meet at the call of the president," "to adjourn to a time and place certain," and "special or adjourned meetings".

174. Procedure upon convening of board...........

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180. Special meeting of the board. By whom called... President and secretary pro tempore...

181.

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183. Directors' annual meeting. Compensation......................... 184. When city treasurer becomes school treasurer....

Meeting of directors and controllers.

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169. Each board of directors and controllers shall hold at least one stated meeting in every three months; and such other meetings as the circumstances of the district may require, shall be held at such time and place as may be designated by the president and secretary, upon due notice given to each member of the board. If less than a majority of directors or controllers attend any meeting, no business shall be transacted thereat, except that of adjournment, and of appointment to fill vacancies in the board.' "Stated and regular meetings of boards" defined.

170. The terms, "stated meeting" or "regular meeting" of a board of directors or controllers, whenever they occur in the act to which this is a further supplement, (act May 8, 1854, P. L. 617) shall hereafter, be taken to mean the first meeting thereof, for organization, after the annual election of directors or controllers, and the monthly, or

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other periodical meetings, held thereafter, in accordance with the standing regulations of the board; but if there are no standing regulations, then every meeting, held in succession, from said first meeting for organization, by adjournment to a time and place certain, and so entered on the minutes of the proper board, shall be, to all intents and purposes, regarded as a regular meeting.2

School directors have power to declare vacancies and make appointments.

171. That if any person duly elected a school director shall refuse to attend a regular meeting of the board, after having received written notice from the secretary to appear and enter upon the duties of his office, or if any person having taken upon him the duties of his office as director, shall neglect to attend any two regular meetings of the board in succession, unless detained by sickness or prevented by absence from the district, or to act in his official capacity when in attendance, the directors présent shall have power to declare his seat in the board vacant, and to appoint another in his stead to serve until the next regular election.3 School directors sustained in removing absentees and appointing others.

172 The seats of three members of the school board of Pittston township, were declared vacant on August 24, 1896, and other persons appointed in their stead. This action of the directors was taken in supposed pursuance of the act of May 8, 1854. It is not denied that the three members failed to attend the meetings of the board held on the 17th, 20th and 24th of August, 1896. If these were "regular" meetings in contemplation of law, then the action taken was within the jurisdiction of the directors, and their discretion cannot be impeached in this proceeding All official delib

erative bodies have the inherent right to assemble in pursuance of a previous adjournment. Where the record of minutes of a previous meeting shows an adjournment to a time and place certain, then such adjourned meeting will be considered regular.

2. Act April 11, 1862, Sec 3, P. L. 471.

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