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HomeMy WebLinkAboutCOMM - Meeting Minutes - 2-S-96 - 2-15-1996 - SALARYM I N U T E SALARY BOARD 2E9 WASHINGTON COUNTY, PENNSYLVANIA Minute No. 2-S-96 Office of the County Commissioners Washington, Pa., February 15,1996 The Washington County Salary Board met in session in the Public Meeting Room of the Courthouse Square Office Building, Washington, Pennsylvania, at approximately 9:40 a.m. on Thursday, February 15, 1996, with the following members being present: Commissioners Ford, Irey and Burns and Controller Belcastro. Also being present: Judge Gladden; Francis King, Treasurer; Sam Secreet, Sheriff; Kathleen Flynn Reda, Register of Wills; Kathy McCullough Testa, Recorder of Deeds; Tina Dallatore, Chief Clerk; Linda Hands, Clerk -Steno II; Attorney James McCune, Interim Solicitor; Dick Cibella, Director of Employee Relations; Janice Urban, Assistant Director of Employee Relations; Roger Metcalfe, Budget Director; Duane Kavka, Acting Director of Administration; Chris Brady, Court Administrator; Stan Rockovich, Chief Adult Probation Officer; Sue Accetta, DRO Director; Joe Pelzer, Warden; Attorneys Bryan Pizzi, Chris Blackwell, Phillip Binotto and Peter Suwak; Steve Svitek of the Sheriffs Office; George Stewart, Chairman, Washington County Republican Committee, Rick Conrady, Chamber of Commerce, Paul Stifflemire of W&J College; Diane Sanford, LeMoyne Center; Harry Sabatasse, Anthony Turriziani, Rose Sim, Shirley McBride, Ruth Ann Morris, Bill Haines and Gordon Hanson, concerned citizens; Mary Elizabeth Yancosek of Washington; Joe Smydo, Observer -Reporter; Chris Haines, Herald Standard; Kathy Thomas, The Valley Independent; and Jim Jefferson, WJPA. Chairman Ford stated that this Board of Commissioners has asked for a convening of the Salary Board in relationship to the adopted budget that reflects reductions accordingly. He stated that in two particular incidents there seems to be some concern relative to the ability of this Board of Commissioners to convene this Salary Board. Commissioner Ford asked Attorney Jim McCune, Interim County Solicitor, to address these concerns. Attorney Jim McCune stated that the opinion that he has is that the Board can convene this Salary Board meeting. He stated that as far as the judicial employees are concerned, the new budget has been adopted which contains certain cuts in the court -related offices and the Solicitor and Commissioners agree that President Judge Gladden and the Board of Judges will make those cuts inside the court -related offices as the Board of Judges determines. He noted that judge Gladden is aware of that and that is the way the cuts in the judicial related offices will be accomplished. He stated that as far as the remaining offices are concerned, the opinion that he has says that the Salary Board can convene and conduct business on those offices. (judge Gladden entered the meeting.) Chairman Ford asked Judge Gladden to come up to the Salary Board table. Judge Gladden declined. Attorney Jim McCune repeated the statement which he made above for the benefit of Judge Gladden. -MINUTE BOOK SALARY BOARD WASHINGTON COUNTY, PENNSYLVANIA Judge Gladden asked if he could understand that to mean that Board of County Commissioners has recognized that the Court of Common Pleas is a separate branch of county government and that the Courts have the right to hire, fire and supervise their employees. He stated that the Courts defer to the County Commissioners in setting a budget which will give the Courts money to reasonably operate the Courts and the Courts defer to legally constituted Salary Boards to set the number of their employees and their salaries. Attorney Jim McCune stated that he would agree that the Judges have the right to hire, fire and supervise employees within the court -related offices; obviously, however, the Courts have to live within the budget that has been constituted and accepted. Judge Gladden stated that his position this morning as far as the Salary Board is concerned is that these matters have been acted on at the January meeting and that he will consider the budget adjustments and that the Courts will make the a,,,� r ..'.ate cuts in employment if that becomes essential. Attorney Phillip Binotto asked if the Courts are permitted with the Board's consent to tell the two employees that received layoff notices that those notices are ineffective. Chairman Ford stated that that was accurate. He further stated again that the Board of Commissioners will monitor the Court's spending and reserves the right if that spending is exceeded to stop and defend the Courts accordingly until the budget is held to accordingly. Judge Gladden stated that he could guarantee that the budget would be lived within as it always has been and that the Courts will give $1.50 for every $1.00 they get. (Judge Gladden left the meeting.) Chairman Ford stated that it is now clear that from the Solicitor's legal opinion that the Board has the ability to convene the Salary Board as it relates to the Row Offices. 4197 - SHERIFF Chairman Ford asked Sheriff Sam Secreet if he wished to come forward. There was no response from Sheriff Sam Secreet. Attorney Christopher Blackwell, Solicitor for the Sheriff, stated that he understands the Board's position as stated by Chairman Ford and Attorney McCune; however, it is the Sheriffs position as well as the position of the other Row Officers that this meeting of the Salary Board can not convene; that there is no authority for the Board to convene this meeting and that this meeting can only take place at the request of the actual Row Officer. As such, the Sheriff does not recognize this meeting of the Salary Board as a legal meeting and that any decision resulting from it would be annulled. At the request of Attorney Jim McCune, Attorney Blackwell cited the case of Simon v. Allegheny County, a Supreme Court decision, and read the following paragraph which he felt was quite appropriate: "The law is clear that a meeting of the Salary Board to fix the number or compensation of the employees of any county office must be a meeting called by the administrative head of the office to be affected. As the court below aptly said: 'Without this limitation any Board of County Commissioners OQ 401 MINUTE SALARY BOARD B❑❑K WASHINGTON COUNTY, PENNSYLVANIA would occupy a dominant czar -like position in the control of the county's business and would be in a position to dominate or control each and every elected public official and each and every county officer, .. ' ". Attorney McCune asked if that addressed a situation where a budget has been amended. Attorney Blackwell stated that he does not believe that it addresses a situation where a budget has been amended, but he feels it addresses the situation where the Salary Board has already convened, and that meeting has been adjourned and the number of positions has been set and err. ,, ed by the Salary Board. He further stated that it will be the Sheriffs position that the Commissioners can not amend the budget through the Salary Board. He stated he feels that the Commissioners may tell a Row Officer, and in this particular case, the Sheriff, that the Commissioners are decreasing his budget by a certain amount of money, and it is up to the Sheriff to live within the confines of the new budget. He stated that it is the Sheriffs position that the Commisisoners can not tell the Sheriff specifically to lay off a certain employee, which has already occurred. Moved by Mrs. Irey, seconded by Mr. Ford, to ABOLISH a position of Lieutenant in the Sheriffs Department. Roll call vote taken: Mr. Secreet - Did not participate; Mr. Belcastro - No; Mr. Burns - No; Mrs. Irey - Yes; Mr. Ford - Yes. Motion did not carry. Chairman Ford requested Attorney McCune to give an explanation to Commissioner Burns as it relates to the adopted budget and the action taken forward here today by the Salary Board. Attorney McCune stated that the budget has been passed, the spending cuts have been effectuated and they effect certain identified offices. These offices and the county government in general. is going to have to get underneath that budget ceiling in some fashion. It is a pay me now or pay me later type of situation. If some type of savings is not effectuated now in terms of reduction of number of employees or some other way, then this issue is going to be faced in November or December in some way with offices having to reduce services or close during certain days of the week, in other words not give services to the public as required to do. It is a policy decision; it is a governmental decision that this Board has to make. The savings that are being attempted here today are to prevent, more drastic measures that might occur before the end of the year. Chairman Ford stated that obviously Commissioner Burns has a right to vote whichever way he wishes. He asked Attorney McCune if there is legal standing as to the fact that because Commissioner Burns voted to adopt the amended budget that he coincide with this arrangement. Attorney McCune stated that the budget has been passed and the savings is going to have to be realized; if they are not realized in terms of savings in reduction of workforce, then they are going to have to be realized in some other way sooner or later. The county government has an obligation to provide the services that the Row Offices and the other county departments provide and this Board has to decide the best way to get inside the budget. 282 SALARY BOARD MINUTE BOOK WASHINGTON COUNTY, PENNSYLVANIA Chairman Ford stated for clarification purposes that the reason for the reduction of personnel is to keep the respective departments within the budget that has been adopted and that simply means that if the lay-offs do not occur and the departments go over budget, this Board of Commissioners will then be faced to defend those particular departmental budgets, and if that is reducing the offices to 4 or 3 days a week, that is something that will be adjusted at the end of the year as opposed to adjusting it now. 4153 Recorder of Deeds Chairman Ford asked Kathy McCullough Testa, Recorder of Deeds, if she wished to come forward. Mrs. McCullough Testa responded "No" and stated that based on the advice of her solicitor and also based on what the Sheriffs solicitor stated, she was not going to participate in this meeting. Moved by Mr. Ford, seconded by Mrs. Irey, to ABOLISH a position of Clerk Typist II in the Recorder of Deeds Office. Roll call vote taken: Mrs. McCullough -Testa - Did not participate; Mr. Belcastro - No; Mr. Burns - No; Mrs. Irey - Yes; Mr. Ford - Yes. Motion did not carry. 4196 - Register of Wills Kathleen Flynn Reda, Register of Wills, made the following statement for the record: "I have an honest disagreement with the fact that the agenda for this meeting attempts to reopen the matters that were settled at the reorganization meeting held on January 2,1996. At that meeting the Board decided that all salaries should remain as in the previous year. The agenda today calls for new action on personnel. I don't believe this is permitted after an adjourned reorganization meeting under the County Code. Furthermore, without reasonable consultation with my office and without reasonable opportunity to investigate and offer alternatives to the directive of the Commissioners that Carol Rozzo in my office be fired, the Board of Commissioners seems intent on proceeding. I submit to you that this is arbitrary and may also be unlawful and I will not be participating in this meeting." Moved by Mr. Ford, seconded by Mrs. Irey, to ABOLISH a position of Clerk Typist II in the Register of Wills Department. Roll call vote taken: Ms. Flynn -Reds - Did not participate; Mr. Belcastro - No; Mr. Burns - No; Mrs. Irey - Yes; Mr. Ford - Yes. Motion did not carry. 4139 - Treasurer Attorney Bryan Pizzi, Solicitor for the Treasurer, stated that not to belabor the point, Attorney Blackwell eloquently stated the Treasurer's position and he has advised Francis King, Treasurer, not to participate. 6103 40 MINUTE BOOK SALARY BOARD WASHINGTON COUNTY, PENNSYLVANIA Moved by Mr. Ford, seconded by Mrs. Irey, to ABOLISH a position of Cashier II in the Treasurer's Office, contingent upon the position not being abolished until April 30th due to the expectant tax payments that will be coming in. Roll call vote taken: Mr. King - Did not participate; Mr. Belcastro - No; Mr. Burns - No; Mrs. Irey - Yes; Mr. Ford - Yes. Motion did not carry. 42321- TAIL Moved by Mr. Belcastm, seconded by Mr. Ford, to CREATE one Captain position for the new correctional facility. Roll call vote taken: Mr. Belcastro - Yes; Mr. Burns - Yes; Mrs. Irey - Yes; Mr. Ford - Yes. Motion carried unanimously. 42322 - TAIL Moved by Mr. Belcastro, seconded by Mr. Burns, to CREATE nine (9) positions of Correctional Officer I for the new correctional facility. Roll call vote taken: Mr. Belcastro - Yes; Mr. Burns - Yes; ' Mrs. Irey - Yes; Mr. Ford - Yes. Motion carried unanimously. 42961- HAZARDOUS MATERIALS Moved by Mr. Belcastro, seconded by Mr. Ford, to CREATE two (2) per diem slots for Hazardous Materials at 7.5 hrs./day; County received a grant of $37,300.00 of which the funds are to be expended by June 30,1996. Roll call vote taken: Mr. Belcastro - Yes; Mr. Burns - Yes; Mrs. Irey - Yes; Mr. Ford - Yes. Motion carried unanimously. The following items are noted for the record only: 41785 - PARKS Philip Muskovich, Utility Worker, layoff 2/29/96 446154 - HEALTH CENTER Keith Sim, Asst. Maintenance Director, layoff 2129/96 4138 - TAX CLAIM Cheryl Allen, Clerk Typist I, temporary employee, layoff 2129/96 MINUTE BOOK SALARY BOARD WASHINGTON COUNTY, PENNSYLVANIA 42322 - TAIL John Corwin, Counselor, layoff 2/29/96 Nancy Ellis, Counselor, layoff 2/29/96 41986 - DRUG UNIT Richard Kara, Detective, 60% of salary to come from Drug Task Force 41421- PURCHASING Karen Barbao, Clerk I, part-time employee, layoff 2/29/96 There being no further business, Chairman Ford declared the meeting adjourned at approximately 9:55 a.m. THE FOR GOING MINUTES SUBIV.Lt i i mi FOR APPROVAL: -- , ,1996 ATTEST: CHIEF CLERK 1