Small Constitutional Victory for Buckwalter, Phoenixville & PA December 31 2009
The PA Supreme Court made a decision today defending the Commonwealth Constitution. While it is not earthshattering, it is a nice, modest case study of a public servant doing the right thing even when it did not serve his short-term political interests.
Back in 2006, Phoenixville’s Borough Council tried to eliminate the compensation of its members. It was political grandstanding, as the Borough faced a multi-million dollar budgetary shortfall, and the total annual compensation of all of them was less than twenty grand. Kendrick Buckwalter, a councilman, realized 1) That this was unconstitutional, and 2) Would establish a precedent for Council to change compensation levels in the middle of their terms, theoretically permitting them to RAISE their pay as well.
Buckwalter sued, with the help of local attorney Richard Breuer. This is despite the fact that it would make it look like Ken was suing to keep his $200/month before facing reelection during the year of the Harrisburg pay raise debacle. Thankfully, he did end up winning reelection.
But pursuing the case made his reelection more difficult. Ken did it because it was the right thing to do, not because it made his life any easier. The Supreme Court in Kendrick Buckwalter v. Borough of Phoenixville has concurred that he was right all along.
A small victory, sure. But any victory defending the Constitution is one to be applauded, especially when someone puts their political position on the line to do it.
Coverage in the local paper here.
Congratulate Ken at his blog here.
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