HomeMy WebLinkAboutCOMM - Meeting Minutes - 45-S - 9-27-1973 - SALARYSALARY''MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS
Minute No. 45 -S
Office of the County Commissioners
Washington, Pa., September 27, 1973
The Salary Board of the County of Washington met in the Office of the
County Commissioners with the following members being present: Commissioners Paluso
and Flynn and Controller Elish. Absent being: Commissioner Jones. Also present being:
Chief Clerk and County Administrator Whalen; Sheriff Debreczeni; Reporter Robertson of
The Observer -Reporter; Reporter Lieshh of The Brownsville Telegraph; Jack Merdian of
WJPA; Helen Miller of The League of Waomen Voters; Earl Bugaile of WKEG•; Eric Bugaile
of WESA; Mr. Kelanic from WWVA Radio; and Dave Baker from the Monongahela Publishing Cclmpany.
Meeting called td order and roll call taken:
Mr. Jones - Absent; Mr. Paluso - Present;
Mr. Elish - Present; Mr. Flynn - Present.
Chairman asked if there were any corrections-, additions, or bmissions to
Minute No. 44-S, each Commissioner and County Controller having received copies.
approved, as read.
Moved by Mr. Paluso, seconded by Mr. Elish, that Minute No. 44-S be
Roll call vote taken,:
Mr. Paluso - Yes; Mr. Elish - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
MAGISTERIAL DISTRICT #(9): , '
Moved by Mr. Elish, seconded by Mr. Paluso, granting permission to
Have Rose Cadez work part time (16 hours a week) subject to the approval of the-Co*rt.
Remarks: `
Mr. Paluso suggested that Mr. Mavrich be reminded, in writing, that 20 hours is the maximum.
Roll call vote taken:
Mr. Paluso - Yes, Mr. Elish - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
CONTROLLER'S OFFICE:
For a matter of record: Removal of Abraham Nasin from employment as Auditor, effective
September 17, 1973.
JUVENILE DETENTION HOME:
If
Moved by Mr. Paluso, seconded by Mr. Elish, that a voucher be prepared
in the amount of $139. 40 for Daniel Luppino, Counselor, who worked a total of 41 hours @ $3. 41)
per hour for the dates from September 12, 1973 thru September 25, 1973.
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Roll call vote taken:
SALARY MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS
Mr. Paluso - Yes; Mr. Elish - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
PLANNING COMMISION:
Moved by Mr. Paluso, seconded by Mr. Elish, approving the following recommendations
as submitted by William Sember, Executive Director:
Mrs. Martin be promoted from Planning Technician to Assistant Chief Planning Technician at
a salary of $7, 4000. 00, effective October 1, 1973. (Present salary - $6, 828. 00)
Mr. Michael Honan be promoted from Planning Technician to Planning Technician II at a salary
of $6, 578. 00, effective August 27, 1973. (Present salary - $5, 762.00; this would fill the
vacancy created by Mr. Heckman)
Mr. Thomas Rauchfuss be promoted from Planning Technician to Planning Technician II at a
salary of $5, 762, 00. (Present salary - $5, 502. 00; he will be moving into Mr. Honan's position)
Effective October 1, 1973.
Authorization to post an entry level draftsman (Planning Technician I) to fill the vacany that
now exists.
Roll call vote taken:
Mr. Paluso - Yes; Mr. Elish - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
SHERIFF'S OFFICE:
Moved by Mr. Debreczeni, seconded by Mr. Paluso, that the salaries of the
following employees be approved for payment:
Dorothy Ulom, Matron
Mart Egan, Special Deputy
re: performed services during
Criminal Court
Eljah Gauden, Special Deputy
re: services needed because
of Criminal Court
John M. Jochynak, Special Deputy
re: served during Criminal Court
13 days
10 days @ $20. 00
4 days @ $20. 00
6 days @ $20. 00
John Fleck, Special Deputy 1 day @ $20. 00
re: performed service with the
Sheriff in transporting Aubran Martin
Russell Staup, Jr., Special Deputy 1 days @ $20. 00
re: performed services as serving
as security for Aubran Martin Sentencing
Roll call vote taken:
Mr. Paluso - Yes; Mr. Elish - Yes;
Mr. Debreczeni - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
$390. 00
$200. 00
$ 80.00
$120. 00
$ 20.00
$ 20.00
Mr. Flynn: What can *,e contemplate insofar as the retention of Annette Gilly and Mr. Huddle -
stop?
Mr. Debreczeni: I am the middle man, and I have no knowledge of how long. Orders are
directed to me, and I comply with them so I cap':. answer the question. I think the question
should be directed to the Court.
`� SALARY MINUTE BOOK
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, JOHN P BEVEC, JOHN MAZZA, COMMISSIONERS
.J
Mr. Flynn also asked if Mr. Huddleston is confined at the jail here. Mr. Debreczeni stated
that Mr. Huddleston is not at the jail at the present time.
Sheriff Debreczeni stated that he would like to bring out the fact that during the
Aubran Martin sentencing, there was a strong security measure. Fifteen state police came
in plain clothes, ni.ue? dressed in uniform from the City Police, plus the Sheriff's staff; and
the entire security measure for this special sentencing cost the county $40. 00.
(Sheriff Debreczeni left the meeting. )
BRIDGE DEPARTMENT:
For a matter of record: Resignation of Robert Bertolotti, effective September 13, 1973.
ADULT PROBATION OFFICE:
For a matter of record: Resignation of Cora Wall, effective September 14, 1973.
MEN' S HOME:
Moved by Mr. Elish, seconded by Mr. Paluso, that Jack Howell, Pharmacist,
replace Thomas H. Bayham, Thaxgt, for three days (September 24, 26, 28, 1973) while
on vacation, at the rate of $13.46 per day.
Roll call vote taken:
Mr. Paluso - Yes; Mr. Elish - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
For a matter of Record: Resignation of Marco Mandich, effective September 28, 1973.
Resignation of Gary S. Borsos, effective September 8, 1973.
Delete the namesof Suellywn Stewart and Duane A. Lanzy,
temporary employees, effective September 21, 1973.
PARKS AND RECREATION:
For a matter of record: Resignation of Dennis Dutton, effective September 21, 1973.
WASHINGTON COUNTY P111 SON:
Moved by Mr. Elish, seconded by Mr. IM'uso, that the following per diem and
part-time payroll be approved for payment:
Alverta Denson, Matron 12 days @ $16. 80 $201.60
Corrine Yaros, Matron 8 days @ $16. 80 $134. 40
Kenneth McMullen, Guard 8 days @ 24.15 $193. 20
James Dalessandro, Guard 12 days @ $24.15 $289. 80
Richard Brezenski, Guard 10 days @ $?4.15 $241. 50
Roy Zimmerman. Guard 10 days @ $24.15 $241. 50
Ronald Herrnberger, Guard 10 days @ $24.15 $241. 50
Discussion was held on the matter of temporary employees, Mr. Whalen brought
to the Board's attention that. after ninety days, these people become permanent. Mr. Paluso
suggested that the Warden should be asked for some staffing requirements and recommendations
since he called these people as they were needed. Mr. Paluso also stated that the Federal
SALARY MINUTE BOOK 263
BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS
1
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Inspection Report was just received yesterday by the Special Investigation Committee.
Roll call vote taken:
Mr. Paluso - Yes; Mr. Elish - Yes; Mr. Flynn - Yes.
Motion carried unanimously.
(Employees of the late Judge Curran)
Mr. Flynn: I want the record to be clear. On September 10, 1973, I sent a letter addressed
to President Judge, which is proper. I asked the gentleman, in view of the fact of past
experience, there was no need for the existing staff of Judge Curran; and a temporary reduc-
tion would be in order. I feel that it is incumbent upon the Court to institute a reduction in
personnel according to the provisions of the existing Union Contract with the Service Employee
International Union Local 505, which meant in effect, that the youngest man hired would be
the first one laid off. It did not say that Judge Curran's staff would be eliminated because
Judge Curran's staff has about ten years service. Actually, if they do it according to that
Union contract, it would mean that the personnel in Judge DiSalle's office would be laid off;
and the personnel in Judge Simmon's office would be laid off - not Judge Curran's staff. That
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was not the intent. According to the contract, the youngest man hired would be the first one
laid off. I want that for the record. I didn't say a thing about getting rid of Judge Curran's
staff. On September 13, Judge Sweet appeared at a meeting of the Salary Board. He gave a
copy of an order to me which is a matter of record - RE: Employees of Judge Curran, dated
June 20, 1973. He goes on to say *.aat he intends to do with those employees. Well, I'm
saying for the record right now that it is a question in my mind that those among us want to
live up to the provisions of that contract or not; and to substantiate that statement, I want to
bring to your attention under date of July 17 on the letterhead of the Court of Common Pleas
of Washington County, one David Posner, Court Administrator, sent a letter addressed to
Ms. Trump, whom you, all know is with the SEIU, which I am quoting excerpts from. Here is
what it says: "It must be understood that it is the Court's position that only the Court can nego-
tiate for its employees„ and the Court cannot and will not be bound by any contract arrived at
where the Commisibners purport to bargain on its behalf. The Court considers that bar-
gaining by Mr. Felice for the Court employees is a usurpation of its powers and reserves the
right to deem such action utterly void. The right to hire, fire and determine the manner of
performance of judicial employees is an inherent power bf'fhe' Courts and not the Commissioner's
Well, I am sure that the Courts or any representatives thereof could sit down and negotiate till
their hearts content; but when it comes to executing contracts and making commitments, then
the question arises, "Where does the Court get the money?"
SALARY
MINUTE
Ro O K
BOARD
OF COUNTY
COMMISSIONERS
WASHINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS
Now to further prove a point I'm trying to bring up is an Order that was
sent down to Michael R. Flynn signed by three judges stating that on the 18th day of September, 1973,
that they appoint as Clerk -Typist in the Adult ProbationC'ice, effective
Monday, September 24, 1973. However, when it arrived .on one judge's desk, he attached to
the Court his concurring opinion under date of September 20, 1973. This is what he says:
"I concur in the above Order. However, it is my opinion that the agreement entered into
between the County of Washington and Local 585, Service Employees International Union AFL-CIO,
is a legal contract binding until such time as the Pennsylvania Labor Relations Board decision
(PERA-R-2209-W) in regard to this matter has been overturned by a court of competent juris-
diction. However, it is my opinion that the employee above named is not included in the con -
so
tract. It is my opinion that a copy of this Court Order- should be posted/as to permit any county
employee to file a grievance, if necessary."
Upon receipt of the above, Mr. Flynn drafted the following letter to the President
Judge under date of September 21, 1973:
"We are in receipt of your Order dated September 8, 1973, relative to the temporary
employment of in the Adult Probation Office.
Please be advised that we are of the opinion that according to the Contract negoti-
ated between Washington County and the Service Employees International Union, AFL-CIO, we
are the employer for the County and it is our responsibility to hire and fire and to determine
if a. person shall be appointed on a temporary basis pursuant to the provisions of the Contract.
We should like to further point out that your designation as a temporary employee until the end
of the year far exceeds the ninety (90) day temporary employee provision and further does not
fit into Article 1, B (2) of the Contract which provides for employment for a definite or ascer-
tainable period of time. We believe this paragraph of the Contract does not apply to persons
hired for existing jobs or to alleviate existing work problems but only for the purpose of hiring
someone to fill a definite position outside of the existing work force.
If you believe that the Adult Probation Office is at present short of personnel and
unable to properly conduct their business, would you please advise the Chief Clerk in writing
and we will endeavor to find someone to fill the position from the existing work force or other- I
wise as provided in the Union Contract.
We should further advise that should the person you named report for work on
Monday, it is at your sole responsibility and that the County through the Majority County C",om-
missioy}pps will not be responsible for any wages which may be due this person. "
Under the same date, the following memorandum was sent to Mr. Flynn from
Charles G. Sweet, President Judge:
"The rest of us never had an opportunity to consider the concurring opinion of
Judge Simmons. When we saw his concurrence, we decided not to file the order, but to hold
a conference first. I will not be here on Monday, and it is my intent to hold this in abeyance
until after my return from Harrisburg. I send you this note in some haste so that you will
know I am not taking any steps toward a great constitutional crisis at this moment.
Mr. Flynn: The Court has definitely gone on record with the International Union that they will
not abide by any contract negotiated by the Board of County Commissioners. As we all know,
the Court has filed an appeal to the Supreme Court; who in turn has sent it back to the Common -
SALARY MINUTE Boole 265
BOARD OF COUNTY COMMISSIONERS WAS.HINGTON COUNTY, PENNSYLVANIA
MICHAEL R. FLYNN, JOHN P. BEVEc, JOHN MAZZA, COMMISSIONERS
1
wealth Court for jurisdiction. I am sure that whichever way the Commonwealth Court rules,
it will still end up in Supreme Court. The findings thereof will'be final and binding. I want
that on record because we have a contract, and it is our responsibility to live up to it
and that involves everybody that is employed by this county. It is not the intent of this Board
of County Commissioners to tell any elected official just who they must hire. The only thing
is - acting as the contractual parties, we would sit with the elected officials and determine
any new positions and conpensations thereof. We are only saying that ther are people who
have a right to bid on these jobs, and I might say this. We, of necessity, must call back some
people. We have people laid off; I am told two of them come from the Tax Assessment Office -
one of which is a qualified stenographer which we need very badly. There are two in that
group that we are calling back. Naturally, we are going to give them a test, -and it has to be
on a probationary period. There are others laid off that could be called back in these various
categories. This is what the Union holds us to. ,. Mouyard needs a stenographer„ District
Attorney Costa needs a stenographer, the Public Defender and we need a stenographer. I think
we should go on record that Mr. Mouyard informed us yesterday that he has someone in mind
that he could appoint, but he would make it specifically clear to them that it would be teiu�porary,
that we would post the position on the board; and if somebody would make application and quali-
fy, then they would be entitled to the position. But I know this for a fact - that as of Friday,
the 14th, after the President Judge pled his case here about the need for all these employees
and spelled out his Order of June 20, what he failed to say was that he was going to use them
for political purposes. I can so state without reservation that on Friday, the 14th and subse-
quent dates thereafter that he has been using those employees for that purpose, and you can
quote me.
Meeting adjourned.
THE FOREGOIND MINUTE READ AND APPROVED:
ATTEST:
CHIEF CLERK
, 1973