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HomeMy WebLinkAboutCOMM - Meeting Minutes - 44-S - 1-4-1983 - SALARY (2)232 SALARY MINUTE BOOK BOARD OF COUNTY COMMISSIONERS Metro Petrosky, Jr, WASHINGTON COUNTY, PENNSYLVANIA FRANK R. MASCARA, �A%G4�XX�3`I h�0 2 EDWARD M. PALUSO. COMMISSIONERS -wwt .. c..... .. CLARIFICATIONS 4112-112 - ADMINISTRATION (p. 195) Nancy Gratz - She would receive a 4% increase from 1-1-84 to 3-7-84; the rate on $14,700.00 is effective 3-8-84 4178-180 - ENGINEERING AND MAINTENANCE (p. 201) (p. 202) Tom, Zibrida - He would receive a 4% in-srease from 1-1-84 to 3-7-84; the rate on $26,932.95 is effective 3-8-84 Gerald Pellegrini - He would receive a 4% increase from 1-1-84 to 3-7-84; the rate on $16,000.00 is effective 3-8-84. 4451-451 - EMERGENCY SERVICES (p. 209) J. Bracken Burns - He would receive a $1,000.00 increase from 1-1-84 to 3-7-84; then rate on $21,879.17 is effective 3-8-84. 4550-1551 - PARKS (p. 217) Joseph Giecek - He would receive a $1,000.00 increase from 1-1-84 to 3-7-84; then rate on $23,901.25 is effective 3-8-84. 1 SALARY MIN UTE BOOK 23 BOARD OF COUNTY COMMISSIONERS Metro Petrosky, Jr. WASHINGTON COUNTY, PENNSYLVANIA FRANK R. MASCARA T*X(R1 i . EDWARD M. PALUSO. COMMISSIONERS 1 Minute No. 2-S Office of County Commissioners Washington, Pa., April 5, 1984 The Washington County Salary Board met in session on Thursday, April 5, 1984, at approximately 10:50 a.m. in the Public Meeting Room of the Courthouse Square Office Building, Washington, Pennsylvania, with the following members being pre- sent: Ccmmissioners Mascara, Petrosky and Paluso and Controller Beharry. Also being present: Chief Clerk Dallatore; Solicitor Bassi; Coroner Jackson; Marge Pennline, Personnel Director; Janice Urban, Office Manager of the Personnel Office; Lou Lignelli, Director of Administration; Chief Deputy Sheriff Littleton; Execu- tive Assistant DuJordan; Administrative Assistant Davis; Judi Lomago, Executive :)ecretarV: Jon Stevens, Observer -Reporter; Jim Jefferson, WJPA; Jim Provance, Herald -Standard; and Teresa Sokol, Valley Independent. Chairman Mascara called the meeting to order and noted that the approval of Minute No. 1-S would be held in abeyance. The following items are noted fcr t:ze record: 4121-121 - VOTER REGISTRATION George Eckert, Jr., date of transfer changed to 3-19-84 4137-137 - RESOURCES AND INVESTIGATION Lisa Wood, date to Office Manager changed to 3-19-84 4171-171 - PLANNING David Daniels, date of transfer changed to 4-2-84 4411-402 - ADULT WELFARE Elizabeth Toth, Back-up Cook, worked 3-8-84, V. Matijevich off 4461-1042 - HEALTH CENTER Cindy Zubchevich, Activities Director, maternity leave changed to start 4-4-84 instead of 4-9-84 4461-1050 - HEALTH CENTER Michelle Barfield, Food Service Worker, maternity leave, 4-23-84 to 7-1-84, using sick and vacation days first 4178-184 - ENGINEERING AND MAINTENANCE Recalled from layoff, effective 4-9-84: Zeryl Swann Edward Hanna Ronald Smith Anthony Tomovchik 4143-143 - PROPERTY & SUPPLIES Florentino Garcia, Govt. Operations Specialist, layoff, eff. 3-23-84 4142-142 - PURCHASING Edward Yorke, Inventory Buyer, layoff, eff. 3-23-84 4178-181 - ENGINEERING AND MAINTENANCE Raymond Oest, Acting Bldg. Supt., layoff, eff. 3-23-84 �34 SALARY MINUTE BOOK BOARD OF COUNTY COMMISSIONERS c��J WASHINGTON COUNTY, PENNSYLVANIA FRANK R. MASCARA, XJX' �QQ UVARD X -PALUSO, COMMISSIONERS 4178-183 - ENGINEERING AND MAINTENANCE Peter Polites, Superintendent, layoff, eff. 3-23-84 4411-403 - ADULT WELFARE Anthony Luppino, Director, layoff, eff. 3-23-84 4461-1040 - HEALTH CENTER Michael Burns, Research Wkr. Social Welfare, layoff, 3-23-84 4174-175 - PROPERTY & SUPPLIES Keith Byrd, from Rough Carpenter, Grade 5, Rate 6.908 to Custodial Worker, Grade 1, Rate 6.194, laid off 3-23-84 from Dept. 4178-181 (Engineering and Maintenance), bumped Dale DeAngelo, eff. 3-30-84 (70 hrs. to 65 hrs.) 4312-2310 - BRIDGE Angelo Borne, from Motor Equipment Mechanic, Grade 4, Step 8, Rate 7.556 to Utility Worker, Grade 2, Step 8, Rate 7.066, laid off eff. 3-23-84 from Dept. 4178-184 (Engineering and Maintenance), bumped Tom Vadella, eff. 3-30-84 (65 hrs. to 80 hrs.) William Kovach, from Sealer, Grade 6, Rate 7.784 to Utility Worker, Grade 2, Rate 7.044, laid off 3-23-84 from Dept. 4242-542 (Weights and Measures), bumped M. Pagac, eff. 4-2-84 4461-1oll - HEALTH CENTER Patricia Ondash, from Clerk II, Grade 3, Step 3, Rate 6.391 to Switchboard Operator, Grade 2, Step 3, Rate 6.161, laid off 3-23-84 from Dept. 4142-142 (Purchasing), bumped C. Jeffers, eff. 4-2-84 (65 hrs. to 80 hrs.) 4136-135 - TAX ASSESSMENT Donald George, from Drafting Tech. I, Grade 3, Step 9, Rate 7.556 to Drafting Clerk, Grade 1, Step 9, Rate 7.129, laid off 3-29-84 in Tax Assessment, bumped J. Hunnell in Tax Assessment, eff. 4-6-84 4174-175 - PROPERTY & SUPPLIES Carmella Jeffers, from Switchboard Operator, Grade 2, Step 2, Rate 6.005 to Custodial Worker, Grade 1, Step 2, Rate 5.923, laid off 3-30-84 from Dept. 4461-1011 (WCHC), bumped D. Bongiorno, eff. 4-9-84 (80 hrs. to 65 hrs.) Moved by Mr. Petrosky, seconded by Mr. Paluso, approving the following as listed under each account: 4133-133 - CONTROLLER Donald Quinn, Jr., Audit Manager, Rate 673.08, 17,500.00, new hire, eff. 3-26-84 4136-136 - TAX ASSESSMENT Shirley Briggs, Assessor - $24.50 Bertha Myers, Assessor - $67.39 4162-162 - EEO DEPARTMENT Madeline Finney, EEO Officer, Rate 615.38, 16,000.00, new hire, eff. 4-2-84 4236-536 - ADULT PROBATION Robert Passante, from Prob. Ofcr. Intern to Prob. Officer I, eff. 2-28-84 Elaine Amos, Probation Officer Intern, Rate 6.569, 427.00, 11,102.00, new hire, eff. 4-2-84 C L 1 U 1 SALARY MINUTE B O o K 235 BOARD OF COUNTY COMMISSIONERS Metro Petrosky, Jr. WASHINGTON COUNTY. PENNSYLVANIA FRANK R. MASCARA"Xyp*X@L1XN"X, EDWARD M. PALUSO. COMMISSIONERS 4312-2310 - BRIDGE Bonnie Rudnisky, from Secretary to Liquid Fuels Technician, change classification back to original one, eff. 3-8-84 4461-1020 - HEALTH CENTER Maude Williams, LPN, part time to temporary, to'replace Norma Somales who is on worker's compensation, eff. 4-1-84 4461-1022 - HEALTH CENTER Dorothy Patterson, from Nurses Aide to Unit Clerk, transferred 3-19-84 to Unit Clerk, back to Nurses Aide 3-23-84 4461 - 1050 - HEALTH CENTER Cook, Grade 3, Step B, Rate 5.859, 468.72, 12,186.72, vacancy should have been in book, Gary Megysey's slot Jean Petrel, Cook, Grade 3, Step B, Rate 5.859, 468.72, 12,186.72, new hire, Gary Megysey's position, eff. 4-2-84 Marsha Dykins, Food Service Worker, per diem to full time, Bill Findley's slot, eff. 3-15-84 (DOE 11-10-83) Roll call vote taken: Miss Beharry - Yes; Mr. Paluso - Yes; Mr. Petrosky'- Yes; Mr. Mascara - Yes. Motion carried unanimously. Moved by Miss Beharry, seconded by Mr. Petrosky, approving the following as listed under each account: JTPA (SYEP) ELECTIONS JTPA Create 20 temporary Summer Manager positions for the 1984 Summer Youth Employment & Training Program - available for' employment around 5-21-84, $5.00 per hour, 32.5 hr. work week Create 40 Ballot Inspector positions and 4 Transfer Carrier Custodian positions for 4-10-84 Primary - $5.00 per hour, not less than $30.00 Create 12 Recount Board positions for 4-10-84 Primary Election to convene on 4-13-84, $30.00 per day Authorize payment of $10.00 each to trustees of the County Jail for 4-10-84 Primary Election (not to exceed 15 trustees) Roll call vote taken: Miss Beharry - Yes; Mr. Paluso - Yes; Mr. Petrosky - Yes; Mr. Mascara - Yes. Motion carried unanimously. The following items were presented to the Board for approval: Create new position of Coordinator (salaried), Rate 18,000.00 Create new position of Clerk Typist I (bargaining unit slot), Rate 10,000.00 Mr. Lignelli, Director of Administration, explained that these positions are requested for implementation of the Title III Dislocated Workers Program for which a grant has recently been approved by the State. He noted that the program will 236 SALARY MINUTE B O O K BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA Metro Petrosky Jr. FRANK R. MASCARA, cV�ll+�4 )tIAV. ED AIRD M. PALUSO. COMMISSIONERS be fully funded by the State and that no County tax dollars will be required due to the fact that matching funds are being solicited from the private sector. Discussion followed between Miss Beharry and Mr. Lignelli concerning the matter of the CETA close-out, the new JTPA program, number of staff and the stipends paid to the participants. Chairman Mascara pointed out that the Federal govern- ment has cited the CETA Office for doing an excellent job over the years since Mr. Lignelli came to the County. He also noted that the Controller's position strictly refers to the accounting process of the fiscal affairs of the County and not the contracting and management of County offices. He therefore requester. that Controller Beharry refrain from trying to run the JTPA Program. Moved by Mr. Petrosky, seconded by Mr. Paluso, approving the creation of the foregoing positions as listed. Roll call vote taken: Miss Beharry - No; Mr. Paluso - Yes; Mr. Petrosky - Yes; Mr. Mascara - Yes. Motion carried. Mrs. Pennline noted the following items for the record: WCHC 4461-1053 - HOUSEKEEPING Alice Pattison, Housekeeper, returned to work from Worker's Compensation, eff. 4-3-84 Beverly Scott, Housekeeper, filling in for A. Pattison, last day of work 4=4-84 4461-1042 Patricia Tustin, recalled to light duty, Activity Aide, eff. 4-9-84 Moved by Miss Beharry, seconded by Mr. Petrosky, approving the following payments as listed under each account: 4197-297 - SHERIFF (Special Deputies) Vincent Johns, Mar. 5, 6, 7, 8, 13, 14 and 15 - $210.00 Steven Hamay, Mar. 7 - $30.00 Gregory Abraham, Mar. 5, 6, 7, 8, 9, 12, 13, 14, 15 and 16 - $300.00 Michael Namie, Mar. 7 and 14 - $60.00 Kimberly Gray, Mar. 5, 6, 7, 8, 9, 12, 13, 14, 15 and 16 - $300.00 Paul Sharkady, Mar. 7, 8, 9, 15 and 16 - $150.00 Stephen Svitek, Mar. 5 and 7 - $60.00 Samuel Secreet, Sr., Mar. 7, 8, 9, 15 and 16 - $150.00 Earnest Horner, Mar. 7, 8, 9, 147 15 and 16 - $180.00 Scott Novak, Mar. 12, 137 14, 15 and 16 - $150.00 Robert Valentine, Mar. 15 - $30.00 Vincent Johns, Mar. 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30 - $300.00 Samuel Secreet, Sr., Mar. 19, 207 217 22, 23, 26, 27, 28, 29 and 30 - 4300.00 E 1 i�l E (Controller's Solicitor matter) n SALARY MINUTE B❑❑ K 237 BOARD OF COUNTY COMMISSIONERS ��t�jj J WASHINGTON COUNTY. PENNSYLVANIA Metro FRANK R. MASCARA, J0XWIXjX)""PLSDWAIhD FPALUSO. COMMISSIONERS ,416- Gregory Abraham, Mar. 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30 - $300.00 Kimberly Gray, Mar. 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30 - $300.00 Paul Sharkady, Mar. 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30 - $300.00 Paul Rock, Mar. 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30 - $300.00 Earnest Horner, Mar. 19, 21 and 22 - $90.00 Steven Hamay, Mar. 21 - $30.00 Michael Namie, Mar. 23 and 28 - $60.00 Bess Fischer, Mar. 26 - $30.00 Troy Breese, Mar. 28, 29 and 30 - $90.00 4550-1551 - PARKS (Constables) Ted Richards, Mar. 3, 4, and 10, 24 hrs. - $90.00 Ron Miles, Mar. 3, 4, 10 and 11, 32 hrs. - $120.00 Guy Thomas, Mar. 10 and 11, 18 hrs. - $67.50 Cliff Standard, Mar. 10, 8 hrs. - $30.00 Marshall Morris, Mar. 3, 4, 10 and 11, 36 hrs. - $135.00 Louis Lattimore, Mar. 5, 6, 7, 8, 9, 12, 13, 14, 15 and 16, 80 hrs. - $;00.00 Charles Smalley, Mar. 5, 6, 7, 8, 9, 12, 13, 14, 15 and 16, 80 hrs. - $;00.00 Henry Wilson, Mar. 3 and 4, 18 hrs. - $67.50 Cliff Standard, Mar. 18, 8 hrs. - $30.00 Charles Smalley, Mar. 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30, 80 hrs. - $300.00 Ron Miles, Mar. 17, 18, 24 and 25, 32 hrs. - $120.00 Ted Richards, Mar. 17 and 24, 16 hrs. - $60.00 Henry Wilson, Mar. 17, 18, 24 and 25, 36 hrs. - $135.00 Louis Lattimore, Mar. 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30, 80 hrs. - $300.00 Marshall Morris, Mar. 17, 18, 24 and 25, 36 hrs. - $135.00 Roll call vote taken: Miss Beharry - Yes; Mr. Paluso - Yes; Mr. Petrosky - Yes; Mr. Mascara - Yes. Motion carried unanimously. 4133-133 - CONTROLLER Miss Beharry: I'm sure everyone's aware of the situation in which the Controller, finds herself with a contracted rate of $250.00 a month providing no additional compensation for litigation; and I'm amenable to $250.00 a month salary for ad- vice and counsel purposes, but I'm going to move an hourly compensation for the Controller's Solicitor to represent the Controller in litigation. I considered what hourly rates would be acceptable. There are two rates that have recently been used. One was by the Board of Commissioners establishing $50.00 per hour 238 SALARY M I N UTE B❑ O K BOARD OF COUNTY COMMISSIONERS �[[ WASHINGTON COUNTY, PENNSYLVANIA FRANK R. MASCARA, � I 1A,98%����VV Al ArPALUSO, COMMISSIONHRS awry-_. .. .. �'"' w....n... .... rate for legal services performed by Dan Chunko and Keith Melenyzer. The other is $60.00 an hour established as a reasonable rate by the Court of Common Pleas in the Seneca vs. the County of Washington case. I understand that that is under appeal, but the Court has recognized that as reasonable compensation for litiga- tion. I have no problem in dealing with the maximum $50.00 per hour rate as the Board has established as their reasonable rate in the past year for compensation. Mr. Mascara: Is it true what I read in the newspapers that you're having diffi- culty in retaining a Solicitor for your office? Miss Beharry: I can not find a lawyer in this County who will work for $250.00 a month. Mr. Mascara: Do you have any names of any people that you contacted who we can interview perhaps and see if we can persuade them ... do you want to give us some names of people that you spoke with in that regard? Miss Beharry: Well, you know, I talked to the lawyers about that and, as a matte], of fact .... in presenting their names in a petition to the Court in regards to their ability to work for $250.00 a month. It was my decision to keep the names out of the situation so that those individuals do not want to be held publicly accountable for denying the Controller assistance, but I will talk to them again; and if they don't mind their names being used, I'll be glad to do it. Mr. Mascara: Do you have any idea of what other counties of our class and size are paying for the Solicitor to the Controller's Office? Miss Beharry: No, I do not have the statistics on other counties, Mr. Mascara, and as I said, I have no problem with $250.00 a month retainer. Mr. Mascara: My question is perhaps is it the amount of compensation or is it you and the operation of your office. I understand that Mr. Ecker was up before the Courts asking to be relieved of any liability or being absolved from enter- taining any of your past cases and that you fought that and the Court ordered that he be let go and not have any obligation to represent you. Miss Beharry: You misunderstand that, Mr. Mascara. Mr. Ecker appeared before the Court in a motion to remove his appearance at my recommendation because I felt that it was unfair to Mr. Ecker professionally that he be the attorney of record in a case where I may be forced to represent myself and his professional status could be jeopardized. I appeared in Court when Mr. Ecker presented his motion and I advised Judge Rodgers that I was not there to object but to present to the Court for consideration of my position being prejudiced by the fact that counsel could not be ... was not being reasonably compensated. Mr. Mascara: Are you aware of Abraham Lincoln's fanou-s quote regarding people who represent themselves... for anybody who represents themself has a fool for an attorney. Miss Beharry: Yes, that's right. That's really accurate. 1 r 1 39 SALARY MINUTE BOOB 2 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY. PENNSYLVANIA Metro Petrosky�f Jr. FRANK R. MASCARA, CXWK)A _X§t}�R�J{, ED ARD M. PALUSO. COMMISSIONERS Mr. Mascara: Well, I think you should heed the advice of Abraham Lincoln and perhaps make sure that you have counsel to represent you when we go to Court. You recall a phone conversation between you and a member of my staff on March 29ta regarding a conversation about inability to obtain legal counsel to represent you and that you said that, well, let me quote here, "Controller Beharry telephoned me to respond to a memo I sent her pertaining to a payment for Felice Associates. During the conversation the Controller brought up the subject of the April 9th court hearing concerning retroactive management pay. The Controller indicated the Courts were not going to force her to obtain legal counsel and that she would represent herself. She said that $250.00 per month for a solicitor is not suffi- cient, and that no one would take it for that amount. She indicated the Commis- sioners are denying her counsel. She went on to say that she did not intend to have legal counsel for April 9th, and that this case would be tied up along with a couple of other cases for a couple of years. She did say that she would be prepared to handle the case herself." That kind of conversation leads me to be- lieve that you're playing on the sympathy of the media and the people who read the newsprint and listen to the accounts.... and that disturbs me that you would do that, that you would be insincere about obtaining counsel. I suggest to you that you obtain counsel and this thing is not going to be protracted. It's not going to drag on for months and months. We're going to seek a resolution to the questions at hand. This government has to continue and I think you want this government to continue, don't you? Miss Beharry: I hope it continues on a legal basis. Mr. Mascara: Let's discuss Beaver County. Miss Beharry: Can I respond to that memorandum from Mr. Lignelli. It is inaccu- rate in the sense that Mr. Lignelli in that conversation said to me, I suppose that's one of the items you've put on the agenda; that's why you called a Salary Board meeting for April 5th. And I agreed that it was and I said failing the Board's establishment of reasonable compensation, I may have to petition the Courts for counsel. Mr. Mascara: Well, I don't think the Courts would be adverse to that. I think they would probably agree to some kind of compensation for representation and I would have no problem. I'm speaking for myself. I can't speak for my colleagues, to honor the Court's wishes as to what would be a fair amount for your charges regarding your legal counsel. But I would like to get back to the amounts - Beaver County pays $1,500.00, Cambria County, $2,601.56, Cumberland County, $1,50J.00, Fayette County, $1,800.00; yours is at $3,000.00 which is $600 more than all of the other Row Office Solicitors; and I understand from talking to some of the Row Officers that their counsel is very busy, specifically the Sheriff's Office, the Register of Wills Office, the Clerk of Courts Office, and these people are 240 SALARY MINUTE � E BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY. PENNSYLVANIA FRANK R. MASCARA, trO etrosk , Jr. MRL,�d� RIK ED ARD M. PALUSO. COMMISSIONERS satisfied with the $2,400; and looking at other counties, don't you think it's peculiar that $3,000 is insufficient for your office? Miss Beharry: The Controller's Solicitor is also satisfied with $3,000 a year for advice, Mr. Mascara. I have no idea, looking at this list, whether or not these individuals are given any additional compensation for litigation or if they are required to enter into any litigation. That's the point which we're discuss- ing. I have no argument with the $250.00 a month retainer for advice and counsel, I and I find it interesting to note that you would concur with the Courts setting a reasonable rate for litigation but sitting on the Salary Board, who has the duty legislatively to do that, you're unwilling to set it. Mr. Petrosky: Well, I think it's interesting to note that this Salary Board not only has to be concerned about you, Miss Beharry, but has to be concerned about E all the Row Offices and all the Solicitors and all the attorneys that come before this group, and it would seem to me that if we make preferential treatment to you, which you are asking, then I see no reason for the Clerk of Courts to come before the next Salary Board and ask for additional compensation for her attorney or any other Row Officer; and I think that we're trying to keep a cap on expenditures, that our actions have portrayed that in the past and will continue in the future, and I just don't see how we can justify that. Miss Beharry: I take argument with your statement that it's preferential treat- ment, Mr. Petrosky. As a matter of fact... Mr. Petrosky: Well, if we give you $3,000 and we allow you additional compensa- tion for the various and sundry and numerous suits that you seemingly get involved in whether you are the perpetrator of the action or someone's bringing action t against you. You know, it seems to me that that's definitely preferential. Miss Beharry: Well, as I said, Mr. Petrosky, I argue with that point. Mr. Petrosky: Well, you argue about everything, Miss Beharry, so that really doesn't surprise me... i Miss Beharry: Preferential treatment was given to the Solicitor to the Clerk of Courts when Mr. Melenyzer was required to represent... Mr. Petrosky: That case is still in the Court system, Miss Beharry, and it hasn't... (Mr. Paluso and Mr. Bassi made some comments. Miss Beharry added some comments.) Chairman Mascara called order to the meeting. Miss Beharry: I can make no statement in an attorney spending his time in Common- wealth Court, Common Pleas Court or Federal Court. It's still litigation on the part..... (Mr. Bassi made some comments regarding the cases of Melenyzer and Seneca.) Mr. Mascara: My question is, Miss Beharry,that I probably would have no problem P y p em with setting an hourly rate for lawyers to represent the Row Offices over and above their regular duties as counsel for them, but that would be, you know, in SALARY MINUTE BOOK 241 BOARD OF COUNTY COMMISSIONERS �j } WASHINGTON COUNTY, PENNSYLVANIA FRANK R. MASCARAX�le S�tDw/+TRD FI.'PALUSO.COMMISSIONER3 those instances that you speak of, those are isolated cases. We may have one or two cases a year out of one of the Row Offices that if I gave you $50 or $60 an hour, and you're always talking about taxpayers' money, taxpayers' money, by the same token, you keep coming back asking for more, that would be giving you a carte blanche to sue everybody in this County; and I think I have the responsibility as Chairman of this Board, we stood for election and we got a mandate from the voters of this County, you have yet to stand for re-election. I think we have a mandate from this County to hold the line and I don't think that we should engage in increasing or considering (well, we are considering) increasing your Solicitor's salary or setting an hourly rate above and beyond that. That's my personal feel- ing. The other two Commissioners can speak for themselves. Mr. Paluso: There's a point here that's being overlooked too when you refer to these other instances. These were when the County itself and the taxpayers were in jeopardy, is that correct, Mr. Bassi? In this particular instance that you're talking about, Miss Beharry, is where you're playing a game as a Controller and you want the County to finance your legal shenanigans and this is not where the County's in jeopardy and the taxpayers in jeopardy. It is where you have chosen to make a publicity run at something else. There's no correlation whatsoever... between the items..instances that you mentioned and what we're talking about here today. Your Solicitor as well as Solicitors for previous Controllers are being paid more than any other fourth class county that I know of, as a matter of fact, is being paid more than Westmoreland County's Solicitor for the Controller's Office who has had numerous litigation matters there as well as Beaver County, much litigation there, and I think you went up and talked to the ex -Controller to find out how to do this litigation, as I recall, who is now a County Commissioner incidentally, and I assume that's tLe road you're going to follow. As far as your request for more, I suggest that maybe you lay off 3 or 4 more people in your office; and if that's the case, then I can see increasing that salary... budget the same ... seems to me from what I have been able to find out that your present office staff is twice the number of people on the payroll of the other fourth class counties in this State. Not only that, but you have had a 40% in- crease in expenses in your office since you went into office - 40% increase in the amount of money that you spent. Your present payroll ... you presently have 13 people besides yourself on the payroll and the other counties that I have checked - Cumberland has 7, Fayette County has 9, Beaver County has 5 people in the Controller's Office so if you would like to get rid of some of these people to make up the difference with the attorney's fee, I think maybe I would be.... here's some more, Cambria County has 5 people in the Controller's Office, Dauphin County, which is a third class county incidentally, much bigger budget to work with, has 8 people, Schuylkill County, 8 people; you have 13. I think.... Mr. Mascara: ...and 14 before the reorganization. 242 SALARY MINUTE BOOK BOARD OF COUNTY COMMISSIONERS Metro Petrosky, Jr. WASHINGTON COUNTY. PENNSYLVANIA FRANK R. MASCARA,)MYIXKXX6'M0}FIi EDWARD M. PALUSO, COMMISSIONERS Mr. Paluso: If you would like to get rid of 3 or 4 people and make up $40,000 or $50,000 for your shenanigans in Court, go ahead. Miss Beharry: I have a couple of comments to make in conclusion. One of the reasons that the Controller is in so much litigation is because at this point the Commissioners have no compunction about filing lawsuits as opposed to meetinE to resolve problems because it doesn't cost them anything..... If it was costing the Commissioners $50 or $60 an hour to have the Controller defend her position, maybe they would be willing to meet and discuss these issues as opposed to, you know, running to the Courts to solve their problem. Mr. Paluso: ....you've been running to the Courts. Miss Beharry: I have not run to the Courts. I filed one lawsuit. I've only had to defend myself.... (More discussion was held between Mr. Paluso and Miss Beharry.) Mr. Petrosky: I think it should be pointed out to the media that in regard to Miss Beharry's comment in terms of the Commissioners running to Court and it not costing anything, I would totally disagree with that and I think it's an utter asinine comment. Number one, it's costly in terms of time and effort not only by the Board of Commissioners but by their legal staff, by their administrative staff who consistently must become involved in putting out brushfires, dealing with innuendos, dealing with leaks to the news media relative to what she would con- sider shortcomings to the media. It does cost. It costs the taxpayers of this County an innumerable amount of money in terms of effort and time. Secondly, and Miss Beharry likes to refer to law and likes to refer to Purdons, and she makes that statement with tongue in cheek because she knows very well that the only vehicle available to the County Commissioners or anybody else to settle dis- putes between the Controller and the Commissioners or the Controller and anybody else in this County is through the Court system so maybe she is correct when she says that she hasn't instigated these suits, but by and large, indirectly, she has been as responsible as anyone else relative to bringing this matter before the Courts because you simply cannot discuss, you simply cannot come to a logical, acceptable conclusion on any matter before this Board of Commissioners, before this Salary Board. That's why we're in Court. That's why we'll continue to have to be in Court because we must deal with the personality such as Miss Beharry. Miss Beharry: I would like to see any documentation or any record of any memo- randum, phone call, that could support your contention that nothing can be dis- cussed to a resolution because the Board of Commissioners has never attempted to discuss to resolve. The Board of Commissioners leaked to the newspaper and the media that the Controller was going to be served with a mandamus action on Friday morning and everyone in the world knew about it at six in the morning before the Controller did. Mr. Petrosky: We take a good lead from you. 1 SALARY MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA Metro Petruk�r r FRANK R. MASCARA,)P 3Q32X.)9(9 R1K DW Rb . PXLU.0. COMMISSIONERS 1 Miss Beharry: In regard to Purdons, you indicate that the only way in which you can resolve a dispute is through the Courts and you're ignoring Section 1752 of the County Code which specifically directs that the Commissioners, if the Con- troller does not approve a voucher for payment and advises the Commissioners of such, they are required by law to direct the Controller to pay. If the Controller continues to refuse to pay, then the Courts are brought in to resolve that particu- lar difference. That does not mean the Commissioners bring complaints in man- damus, it does not mean that they take action for peremptory judgment; but there has to be some reasonable communication between those offices before the expendi- ture of taxpayers' money in Court. The Commissioners have never, have never, pursued any Controller's refusal to pay a claim to the Court of Common Pleas in accordance with the County Code. Mr. Mascara: Miss Beharry, why do you unilaterally alter requests for issuance of checks by certain people in the County? Somebody will send you a bill for $50.00 and you say, I think they deserve $9.00 and you send them a check for $9.00. How, by law, and you're the one who always espouses the principles of law, how can you blatantly refuse to recognize the law when you're the one... proponent of law. Miss Beharry: I have no knowledge of the situation to which you are speaking. When the Controller makes any changes in requests for payment, it is in accordancE with contract.... Mr. Mascara: No, you don't make any changes. When there's a request for $100.00 and you don't want to pay, the law says that the Controller shall return to the Commissioners in writing her reasons for not paying. That's all you can do..you don't change the amounts. You have unilaterally done that on many occasions. You're not providing the Commissioners with outstanding vouchers. People want tc know why it took so long to put the budget together. I have no fiscal informa- tion from you whatsoever. You're so busy trying to be an overlord of all County officers, to be all things to all people, including the Courts, running the Com- missioners Office, the County Home, the Jail; you're walking on roofs looking for some kind of abuse of expenditures of the County. Let me read to you. You talk about the law. I'm starting to look at the law too. You have me very interested, This refers, speaking about the Controller.... the Controller, "This refers to the accounting side of the county's business, not the contracting and management part thereof. Controllers are not overlords of the other county officers...'He (or she) ... is not intrusted with the duty of making, or even of supervising the con- tracts of other departments. He is the city's (county's) head bookkeeper, and his office is to see that the various departments do not exceed their appropria- tions, nor apply them to purposes not within their proper scope...." (Koch v. Kistler) That's what your job is ..... in order for this County to move ahead, I 244 SA LARY MINUTE B❑❑ K BOARD OF COUNTY COMMISSIONERS Metro PetroJr. WASHINGTON COUNTY. PENNSYLVANIA skAy FRANK R. MASCARA.XUVJ$�KX.i LU',b]¢K EDW Rb M. PALUSO. COMMISSIONERS e think these things have to be resolved and resolved quickly. We can't continue to operate under these clouds of suspicion, wrongdoing, innuendos, accusations. You were elected Controller, not God. Only God is perfect. Now maybe you might have a problem with that but that's the way I view it, and I think we have to get on with the business at hand; and as Chairman of this Board, we're going to move on. Do we have a motion by you on that? Do you want to make some kind of motion? Miss Beharry: Yes, I do, and one other note. The Controller offered, both ver- bally and in writing to you and the Director of Administration, to offer whatever help was required of the Board of Commissioners in preparation for their budget or any fiscal information related thereto. You made one specific request of the Con- troller. It was immediately complied with and you have requested no further informa- tion other than the standard information which is always provided. �Ir. Mascara: Well, the truth of the matter is that you have been derelict in your duties.... having come from that office and the information that was required of me by the Board of Commissioners when I was Controller, I had daily bank balances. I nad outstanding vouchers. The Commissioners knew exactly where they were cashflow wise. You have not provided the County Commissioners with that information, and I think maybe you ought to do some self -introspection and see what direction you're doing in. You have an obligation to the people that elected you. Kiss Beharry: You request that information and I'll be glad to give it to you, Kr. Mascara. Ir. Mascara: I don't have to request it. It's in the law. Since you read the law, you read all those sections .... Purdons 16, regarding the duties of the County Con- troller.... Miss Beharry: Mr. Mascara, what you just stated is not in the law. qr. Paluso: I would prefer that the law be interpreted for me by an attorney... Ar. Bassi......... and as far as your attorney, I'm sure if you're successful in 7our....... lawsuits, Miss Beharry, the Court usually provides that the legal fees De paid. Now, if you're unsuccessful, I suggest that you be prepared to pay your Dwn legal fees the same as the foolishness that you started with Judge Terputac and I had to hire private counsel for myself and I suggest that you do the same. (More discussion was held between Mr. Paluso and Miss Beharry.) Moved by Miss Beharry that the Salary Board establish a retainer for the controller's Office Solicitor at $250.00 a month and an hourly rate of compensation Df $50.00 for litigation by the Solicitor to the Controller. Motion died for lack of a second. 4r. Paluso: For the benefit of the media, I would like to note that the Controller aas a Solicitor in her budget which is set at $3,000.00 which is more than any of the 6 other counties including two 3rd class counties that I have had the oppor- tunity to check with, and I don't want to read in the paper that the poor little ,irl is being denied legal counsel because she's not. She has a Solicitor in her SALARY MINUTE BOOK 245 BOARD OF COUNTY COMMISSIONERS Petrtro(� �j WASHINGTON COUNTY. PENNSYLVANIA FRANK R. MASCARA�1x1W`).}{,:T�IKh3MK EDW74R�0 rPALUSO. COMMISSIONERS budget; it's up to her to find somebcdy to serve. (More discussion was held between Mr. Paluso and Miss Beharry.) (Matter of secretarial assistance for Controller's Office) Miss Beharry: The Controller has for the past two years and the first two months of 1984 paid for 20% of Shellie Veschio's time from the Controller's budget for secretarial assistance. When I was approached by Mr. Petrosky in terms of abolisq- ing a position in the Controller's Office, I agreed to that abolishment of a posi- tion in the Controller's Office and a Clerk III position was abolished. (Discussion followed between Mr. Paluso and Miss Beharry.) Miss Beharry: ...I was not asked to abolish 1.2 positions. There is no one in the Controller's Office who is classified in any manner or has time to do secre- tarial work, and I would ask that the Board re-establish 20% of Miss Veschio's time to the Controller's budget. Mr. Mascara: Well, as Mr. Paluso pointed out earlier, Pat, that comparing your... again, you have a flair for dramatics. You wrote in longhand a portion of your Controller's Report to demonstrate once again for the media and to the public that here's this poor girl up there with only 13 employees, 14 until the reorganization meeting, and that you had to write that because you were denied .... the parallel is between the attorney thing and I don't think the Courts are going to buy that you can't get legal representation. I suggest you have an attorney up there and I'm not going to be blackmailed by you in writing in longhand the Controller's Report when, in fact, you have more employees than all of the counties that were tested. Your budget is higher than all of those counties. Washington's person- nel is $184,000, Cumberland is $120,000 and Fayette is $107,000 and in Beaver, it's $89,000. Your budget for personnel is $184,000 - 13 employees and 7, 9 and 5, respectively, in those other counties. Now you want me to believe and you want the media and the people in this County to believe that you couldn't find someone out of those 13 people to type what you wrote in longhand..... Miss Beharry: The media is welcome to come to the Controller's Office to discuss.... Yes, I do expect them to believe that. They're welcome to come to the Controller's Office and review the job descriptions and classifications of the people.... Mr. Mascara: No, what I'm saying is, if I were in your position, I would have said, Martha, Jane..., would you please type this for me. I don't think there's anything that pressing that you can't type ...... but you sat down, and very good penmanship, I'll give you an "A" in penmanship. Miss Beharry: I'll take that. Mr. Mascara: And I'll also give you an "A" in deception, treachery and deceit. Miss Beharry: Is that why I got the note when I was away in Lancaster that Miss Veschio was no longer working in the Controller's Office? 246 SALARY MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA FRANK R. MASCARA, Petrosk�r Jr . IX RM. E WARD M. PALUSO. COMMISSIONERS 0 Mr. Mascara: Miss Veschio is not a subject of the matter here. The subject is that you have 13 employees and you have wasted County taxpayers' money and yet you want more people to type something for you ...... We graciously gave you that person so that you could get adjusted to your job and that's the reason for two years we've been sitting here waiting on you to learn your job. You still haven't learned it. It's going to take another two years for you to learn it, I guess. Miss Beharry: I'm still learning. Mr. Mascara: I'll tell you what. If you can't type something, you bring it up. I type 50 words a minute. I'll type it for you. Miss Beharry: You have a lot of staff on the seventh floor. I'm sure they can help out tremendously. Mr. Mascara:.... you intend to embarrass the Commissioners and set the stage for this meeting to prove to the public that this little girl, not little ..... is being; denied somebody to type a Controller's Report. Now I think that's .... I think we're bigger than that. Mr. Paluso: If that's the case, I don't know why we have five typewriters in the Controller's Office. They certainly could be used. We have a lot of requests for, typewriters, Miss Beharry. If anybody can use them, I'll see that they are re- moved. If you have somebody that can use them, I suggest to you....... (Discussion followed between Mr. Paluso and Miss Beharry.)..... if you say this number of people oan not do the same job that the other counties can do with half that many people Dr less, then I suggest to you that perhaps you're not administering that office too well; perhaps you should look at the internal workings of that office because from what I have been able to find out, I would ask that you get prepared because I think that staff is going to be cut .... we're going to put it in line with the nest of the people who are doing the same job as you, at least that's my feelings from what I've been able to find out. I'm certainly open to hear your story.... but I suggest to you that you better start learning to delegate the work properly in that office so that you can do it with twice as many people as somebody else pan do it for ten.... something definitely wrong with the administration from what I can find out .... 40% increase in the amount of money spent there on top of double the amount of employees, seems to me that something's drastically wrong somewhere in that office. Since you're the responsible person, it has to be you. Miss Beharry: Mr. Paluso, there were 22 employees in the Controller's Office the gear before the.... Ar. Mascara: See how you deviate from the truth .... that was a combination of fis- gal affairs which you did not want, you had them all there, fiscal affairs in the controller's Office. It was your decision to break that operation up because There were people in there that you didn't like. 1 SALARY MINUTE BOOK 247 BOARD OF COUNTY COMMISSIONERS n �{� WASHINGTON COUNTY. PENNSYLVANIA FRANK R. MASCARA.%St�1i� JE: ii fi?RD'M. Ir PALUSO. COMMISSIONERS Miss Beharry: You can play any numbers game you like, but the Deputy Controller in 1981 was paid out of the Director's budget..... when the Deputy Controller is paid out of the Director's budget instead of the Controller's budget, that has an impact on what the Controller's budget is for that year..... Mr. Paluso: How do you account for double the number? Miss Beharry: There aren't double the number.... Mr. Paluso: ......... there are 13 people plus yourself. The other counties have 9 or 7 or 5. Miss Beharry: Did you investigate what those other counties do? Do they have a TAG system? Do they do payroll? Do they have .... What do they do? Mr. Paluso: No matter what they do, they have at least 30 to 40 percent fewer people than your office. Mr. Mascara: They do their own job. Let me give you some figures.... Personal Services 1981 - $115,000; Personal Services 1982 - $158,000; Personal Services 1983 - $202,000; Personal Services 1984 - $239,000. Now don't sit here and try to convince us that you've been denied anything. In fact, we gave you too much. I'm almost ashamed. Miss Beharry: Don't sit here and use the figure $239,000, Mr. Mascara, which under the new DCA format, incorporates all benefits and the previous years - no benefits were in that money. Mr. Mascara: Don't cloud the issue. Miss Beharry: You're totally misrepresenting the facts related to the amount..... (More discussion followed between Mr. Paluso and Miss Beharry.) Moved by Miss Beharry that Miss Veschio be re-established in the Controlle_r's Office for 20% of her time. Motion died for lack of a second. (Matter of change in classification from Contract Clerk to Auditor Trainee.) Miss Beharry: Last November the Board reorganized the Controller's Office. I believe it was the November 17th meeting, and one of the things the Board did was to establish an Auditor Trainee's position at a Grade 7, Step 5. It was noted in those minutes that that position would be filled and the Contract Clerk position would be abolished when an Audit Manager was hired. An Audit Manager was not hired until March 26th of this year and at that point the Contract Clerk was to be moved into the Auditor Trainee position to audit District Justices; and I would like the Board to abolish the Contract Clerk position in the Controller': Office and to establish the Auditor Trainee position at the rate and step that we established last November..... it's a two-step increase from 7-3 to 7-5. Discussion followed. 248 SALARY MINUTE BOOK BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA Metro Petrosky Jr. FRANK R. MASCARA, YJX%X 1XD0G0)&b6XE, E vVARD M. PALUSO, COMMISSIONERS Mrs. Pennline noted that this would increase the salary from $12,048.14 to $12,769.64. Mr. Petrosky asked some questions about the background informa- tion on this matter since he was not a member of this Board back in November and asked about the bidding process for this position. Mrs. Pennline gave a brief explanation. Mr. Paluso questioned the matter of double-dipping and he also questioned Miss Beharry as to why the change in salary. More discussion follower. Moved by Miss Beharry the change in classification from the Contract Clerk to Auditor Trainee at Grade 7, Step 3. Motion died for lack of a second. (Matter of establishing a per diem position for the purpose of calculating and preparing FICA refunds - Clerk I at Pay Grade 2, Step B, for a period of 4 weeks) Miss Beharry: The FICA refund that has been received by the County will require an excess of 20,000 calculations. In addition to that, a great deal of time will be required to prepare vouchers and to input for distribution of funds. Seven hundred to nine hundred checks will have to be prepared, and employees are very anxious to get these checks as they have been denied access to that money for some period of time, but there is no available time in the Controller's Office at this point to do that in a timely basis. It can be done over a length of time, a little bit at a time, but it will take a great deal of time to do it that way. Mr. Mascara: This is another case of blackmailing because if the Salary Board says no, then she will then go to the Union and say, I can't process your checks just like she can't go to Court because she doesn't have an attorney, just like she can't type her Controller's Report because she doesn't have anybody on her staff that can type reports or has the time to type reports ... and I don't think we should bend to that type of pressure. I think we should notify the Union of the facts that we have and let them make a decision themselves. (Discussion followed.) Mr. Paluso: I would suggest that some of the surplus employees in your office over and above the employees of any other Controller's Office be used to make those checks. Mr. Petrosky: I just might add something. Throughout this whole scenario with the FICA refunds, and we realize it's a big job to print the checks to give to the employees... are due. The Union has made an offer informally, of course, that they would be willing to give their time to help you process those checks; and in the interest of fiscal conservative government, I think possibly we should explore that avenue before we give you another clerk in your office. Miss Beharry: I would have no problems exploring that avenue. I think the Union representatives would be greatly opposed to whomever is volunteering their time as opposed to bargaining unit people getting overtime or positions being created SALARY MINUTE BOOK 249 BOARD OF COUNTY COMMISSIONERS lje,i�>j�%7 }} WASHINGTON COUNTY. PENNSYLVANIA FRANK R. MASCARA, ¢Kg1q R DwA�RDJI�I. PALUSO, COMMISSIONERS 1 E to do this work. I think the Union would find that volunteer work exceptionally distasteful and it was a very...... Mr. Petrosky: They made the offer. Miss Beharry: There were two people from the Union one night, Mr. Petrosky, who said, when are we going to get our checks - the end of April. I said, I don't know when we'll have time to calculate them, and it was very much in a humorous way that they said, well, we'll come in on Saturdays and do it for you. That was the offer that was made. That requires additional supervision. Mr. Petrosky: Well, I understood that it was more substantial than that; and I'm sure with the number of Union employees that we have that we can work something out as opposed to coming in on Saturdays and having additional personnel super- vise them. You know, when I was going to school at the University of Pittsburgh, one of the professors gave the definition of administration as making the maximum use out of resources available; and, quite frankly, I think you've done a very poor job up to now. Miss Beharry: Well, Mr. Petrosky, with your inexperience in evaluating the re- quirements of the Controller's Office.... Mr. Petrosky: You should have my experience, Miss Beharry. Miss Beharry: I'm not surprised that you would make that statement, but if you care to come to the Controller's Office and discuss the requirements there and the workload of the individuals and compare it to other counties on an intelligent basis, I would be glad to have your conclusions. Mr. Petrosky: Are you inferring that the comparisons that we made up to now have not been intelligent? Miss Beharry: I'm saying that..... Mr. Petrosky: How could you possibly make that remark, Miss Beharry, when you do not know from whence our research came, the effort involved in terms of develop- ing that research, whatever the case may be. Miss Beharry: I'm just saying that your comment is isolated because you haven't spent time in the Controller's Office and don't know what's required of.... Mr. Petrosky: I can see the end result of the Controller's Office, Miss Beharry. I don't need to be there directly. I can see the end result. I can feel the impact of the end result. (More discussion followed.) Moved by Miss Beharry to establish a per diem Clerk I position at Pay Grade 2, Step Base, for a period of four weeks for the purpose of calculating and preparing FICA refunds. Motion died for lack of a second. There being no further business, Chairman Mascara declared the meeting adjourned at approximately 11:55 a.m. THE FOREGOING MINUTES READ AND APPROVED: 1984 ATTEST �� CHIEF CLERK ff -- --- -