Since July 1996, when the Commissioners withheld approval of a memorandum of understanding proposing to disburse funds to pay bonuses to the county's probation and parole officers, the parties have been unable to reach any agreement for the use of the moneys. Subsequently, when the Commissioners objected to the purchase of an automobile for the county probation office, which purchase the court authorized, the Court of Common Pleas in August 1997 issued an order directing the county treasurer to remove the Fund from the county's general ledger and place it in an independent, interest-bearing account to be administered by the treasurer and controlled exclusively by the court. Jefferson County brought this action seeking a declaration that disbursements from the Fund may not be made without approval of the Commissioners, to enjoin any further disbursements without the Commissioners' approval, to impound the automobile and any other purchases made from the Fund, to order reimbursement of the Fund for amounts disbursed without the Commissioners' approval, and to order the return of the Fund to the county's general ledger. After the pleadings are closed, a party may move for summary judgment as a matter of law when there is no genuine issue of material fact. Summary judgment may be granted only in cases where it is clear and free from doubt that the moving party is entitled to judgment as matter of law.
Summary judgment is appropriate in an action where the parties are seeking declaratory relief.
2 Fifty percent of the court-imposed fee is deposited in a county offender supervision fund, and fifty percent is deposited into a state offender supervision fund. The moneys in this fund shall be used to pay the salaries and employe benefits of all probation and parole personnel employed by the county probation and parole department and the operational expenses of said department. Moneys from the fund shall be used to supplement Federal, State or county appropriations for the county adult probation and parole department. The Law charges the Pennsylvania Board of Probation and Parole with promulgating regulations for the implementation and administration of the county offender supervision fee program. Moneys in this fund shall be used to pay the salaries and employe benefits of adult probation and parole personnel employed by the county adult probation and parole department and operational expenses.