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COM. EX REL. BAGNONI v. KLEMM

499 Pa. 566 (1982)

454 A.2d 531

COMMONWEALTH of Pennsylvania, ex rel. Mario BAGNONI, Councilman of the City of Erie, on His Own Behalf and on Behalf of All Property Owners of the City of Erie, v. James E. KLEMM, City Clerk, the City of Erie and Mayor Louis J. Tullio, Appellants.

Supreme Court of Pennsylvania.

Decided December 31, 1982.

Attorney(s) appearing for the Case

Lawrence L. Kinter, Deputy City Sol., Erie, for appellant.

George M. Schroeck, Erie, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.

OPINION

HUTCHINSON, Justice.

Resolution of this case turns solely upon a question of statutory construction: viz. whether an Act of Assembly which requires "a vote of two-thirds of the members" to override the Mayor's veto means two-thirds of the entire body or two-thirds of the members present. We hold that in the context of section 413(a) the Optional Third Class City Charter Law (Article IV, Mayor-Council Plan A), Act of July

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