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Thursday, May 21, 2015

UPDATED: NorCo Exec Lists 17 Awarded Raises Without Council

Executive John Brown has provided Northampton County Council with a list of 17 employees who have received raised from him without their approval. They were granted under a personnel policy deemed unlawful by Council Solicitor Phil Lauer. Altogether, about 54 people have received suspect wages.

Though Brown has provided some information, he apparently is only willing to discuss it in Executive Session.

One of these employees, a purported friend of Assistant Director of Administration Cathy Allen, was hired as a temp and then given a $4,243 raise with no justification. Was this raise as a result of what she knows or who she knows?

This is one of the questions that council will try to answer tonight.

Updated 11 am: Council Solicitor Phil Lauer Reports on Meeting With Administration

Council Members/Linda:

Council President Ferraro has requested that I address this email to you, to summarize what occurred during a meeting among the Executive, his Solicitor, Council-member Geissinger and myself on Thursday, May 14, 2015. The meeting was accomplished at the direction of Council, to address issues relating to the propriety of pay increases unilaterally accomplished by the Executive, as well as the possibility of an amicable resolution of the current increases, and a plan for addressing similar issues in the future.

There remains a difference of opinion between Council and the Executive regarding the Executive's ability to adjust pay levels for higher ranking members of his administration. His position is that, given his obligation to effectively deal with a large number of personnel, the responsibilities and duties of whom change over time, some flexibility is required. Further, to the extent that his personnel costs remain within the overall budgeted amounts, there would appear to be no adverse effect on the budget, or the overall operation of the county government. This is particularly true to the extent that any of the affected personnel are in the exempt status, since the career service regulations do not specifically cover such individuals. The executive further explained that there were reasonable and valid reasons for each of the increases, and he provided us with certain examples. Finally, with regard to the Deputy Director of Administration position, which has received some considerable attention, he is of the opinion that this is an exempt position. In that regard, he provided us with a list of exempt positions prepared by HR, and that list includes the Deputy Director of Administration.

I explained, as I have explained previously to Council, that the Home Rule Charter gives Council the power to establish salaries and wages of all elected officials, officers and employees, and provides for a "pay plan for all positions". With regard to career service personnel, the charter provides a merit personnel system which applies to all career service employees, and explicitly defines how and when increases are to occur. The Career Service Regulations provide for a pay schedule with designated pay grades and steps, and provides for revisions of the pay scale which are to be submitted to Council. The regulations provide that increases in pay are to occur in accordance with the pay plan. Perhaps most important, nowhere is there a provision granting to the Executive the authority to make case-by-case departures from the otherwise applicable regulations. Further, with regard to the office of Deputy Director of Administration, the job description for this position, most recently revised in January 2012, specifically provides that the position is a career service position.

While the respective positions of the Executive and Council are clear, there is, as has been stated by virtually everyone who has examined the issue, some degree of uncertainty as to precisely where responsibility lies for pay adjustments in individual cases. A recent decision by a Northampton County Judge regarding the authority of the District Attorney to make similar adjustments facially appears to support the Executive's position. A careful reading of that opinion does not, in my view, support that position, but the similarities, together with HR's view that at least one of the positions was exempt, have created some confusion.

Our discussion went on for some time. At the conclusion of that meeting there was at least some agreement. Specifically:

1. To the extent that it is relevant, it appears that all parties were actually acting in good faith. The Executive was making adjustments to the compensation for positions whose responsibilities had changed, and he believed, based on the foregoing and the advice of his Solicitor, that he had the right to do so. Accordingly, no contact was made with Council regarding those adjustments. Council's objections to the adjustments are legitimate, and based on a sincere desire to comply with, and enforce, the applicable provisions of the Charter, Code and other relevant law.

2. The Executive agreed to provide to Council a listing of all pay increases and step advancements among county employees for 2014 and 2015, and apologized for the delay in providing that information, which is apparently not a simple process. We were assured that it would be forthcoming promptly. In fact, the County Solicitor provided me with the relevant documentation yesterday, and I have attached a copy of his letter to me, as well as listings of all pay increases and step advancements for 2014 and 2015. It was agreed that Council would be requested to keep at least the identity of the individuals listed on these documents confidential.

3. With regard to any pay increases or step advancements accomplished to date, there were discussions regarding whether, and in what way, remedial action should be taken. To the extent that the Charter or Regulations were violated, there is justification for some such action. There is concern, however, about the legality and fairness of now revoking pay advances, in some cases in effect for almost a year, on which the recipient and family have undoubtedly now come to rely. Given what was at least a misunderstanding of the effect of the applicable regulations, the personal effects which would result from a suspension of the increases, and the real possibility of litigation in response to any such suspensions, the consensus was that no action, in the form of either a suspension of the increase or claim for reimbursement of same, should be taken.

4. Finally, in an effort to generate a clearer understanding of these issues, and prevent a recurrence of any inappropriate future actions with regard to compensation, all agreed that the recently dormant Personnel Commission should be evaluated, reconstituted, and encouraged to take a close look at a number of matters. With regard to its membership, there was some discussion of ensuring that one representative of both the Executive and Counsel should be members of the Commission. Further, the issues which were the subject of the stipulated disposition of the litigation between the Executive and Council in October, 2009, would be submitted to the Personnel Commission. Finally, the Commission, with input from Council and the Executive where relevant, would examine more closely the pay plan to determine whether changes are appropriate.

To the extent that there are questions or concerns regarding the recent meeting, I will be happy to address them, and will respond, as quickly as possible, to any communications by Council.

Phil Lauer

Updated 1:30 pm: 2014/15 Payhikes Authorized by Executive Withour Council Approval:


47 comments:

Anonymous said...

Those raises should all be rescinded by council. Will they have the guts?

Anonymous said...

Bernie, please investigate circumstances relating to the RFP that resulted in C3 being recommended for a frickin 3-5 YEAR CONTRACT for risk management services. Bobblehead Campos claimed there were only three proposals, and one was tossed out for not meeting the administation's bogus criteria, which was probably written by C3. It is simply unbelievable that there were only 3 risk management firms in our area that were interested in this contract. How was the RFP advertised? Who was on the RFP review committee? Have you ever received email between C3 and Browns minions about their shady contracts and side deals? How about an audit of their risk management services so far? It is a joke for anyone to believe that the county should have to go outside of the LV to find a qualified risk manager. But let's just pay these clowns from Clark's Summit a half million to do what should cost far less on a per hour basis if the county funded a risk manager on staff.

Anonymous said...

Eventually..Brown will fatally shoot himself. It's only a matter of time. Shortell really leading the charge now. Morning Call not shying away from this guy. Shame on the Express for turning their backs to the public right to know.

Anonymous said...

Brown has dug a hole for himself and his party that they may not be able to extricate themselves from and that does not bode well for those R's trying to get elected to county council this fall. Bad news travels fast.

Anonymous said...

This should not be heard in executive session. Can keep names out of it, just say employee #1 - received X amount raise, employee #2 x amount, etc... Taxpayers and tax paying employees need to know this and need to know now just how unfair the administration is. They say money is a problem and changed health benefits around and the fact is, he just needed the money for his people. We go without because we can't pay our out of pocket expenses. Council needs to come to all county offices and speak to the workers and not just the bosses. Some of us received no raises and our wages are frozen and not talking because of union contracts. Does Brown think hard working employees aren't worthy just because he hasn't gotten off the 3rd Floor and met us? Enough is enough, lawyers appear to be needed here.

Anonymous said...

A lot to do about nothing. Brown has to run the day to day affairs and keep and attract the best and brightest or the County does not run properly. Another example of the Council instead of Legislating trying to micro manage. None of those resultant salaries are out of the norm for the positions. In fact, they are actually low for the work that these folk do and I am surprised they stay and work at the County. I am hiring a Benefits Manager for $50,000 per year and a staff of about 90 employees and still can't find someone with the experience needed at this starting salary! I would love to interview some of the NORCO staff for my opening!!

Anonymous said...

Bernie can u post the document? Mcall has a partial pic of it but the article lists some other names.

Anonymous said...

7:24 you are a Brown minion or contractor. None of Browns administrators could make it in the private sector. That's why they are working for the worst executive in the county's history. And milking it for all it is worth at taxpayers expense.

Anonymous said...

this guy is a piesce of work.... any speeches on tightening our belts now john?

Bernie O'Hare said...

7:35, I do not have the list. It was shown to me, but I was not permitted to make a copy of it. Tom Shortell did better than I.

Bernie O'Hare said...

Since C# screwed another company to weasel its way into the county, and sent out letters to other counties lying about its success, I'd reject it for that reason alone.

Anonymous said...

"None of Browns administrators could make it in the private sector."

This is true of all previous administrations and nearly every county employee. There's a reason these people work for government.

Anonymous said...

Those who can - do. Those who can't - teach. Those who can do neither - work for government.

Anonymous said...

and those that are useless and unemployed stay at home sucking air all day

Anonymous said...

List of employees is in the Morning Call. By far, Allen was awarded the highest raise. Life must be real good for Allen to have a HS diploma and no administrative experience and to gorge at the public trough with an obscene salary and 14% raise. And what is the justification for a executive secretary to get a 9% raise? Because she agreed to keep quiet about Brown's abuses of power? The Clown administration is like an onion. The more you peel off, the more it stinks!

Anonymous said...

And yet, cathy allen can't fix her front porch. And drives property values down for the neighborhood. She and Brownhole are corrupt scumbags!

Anonymous said...

NE Pennsylvania is known for its legendary political graft. And our county wants to hire C3 with a $500,000 contract. There are favors under the table to be found, if the county controller investigates. Meanwhile, council should require answers to why the administration is recommending C3. They were not the low bidder. What was the cost difference? How was the RFP advertised? Who was on the review team? Who prepared the specifications? C3 had advanced knowledge of all of this and thus a competitive advantage. And what about their billing history? Was the county charged for commuting time or other travel expenses for the risk manager to travel from Clarks Summit to Easton? Has there been an audit of their current contracts? As you have stated Bernie, they were introduced to the county as a subcontractor of its workers comp administrator, PMA. They showed their loyalty to PMA by stabbing them in the back. They have been weaseling their way to become the county's workers comp administrator. Guaranteed. How a company located 75 miles from the county seat can have such influence is puzzling and suspicious. This is a shady deal for the county and its taxpayers. Let's hope that with the help of the controller that council sniffs this out before it is too late.

Anonymous said...

Where and when?

Anonymous said...

No surprise here...he awards those friends of his while screwing those who have worked for the county for over 20 years. Mr. brown is a disgrace to the people of this county and should step down. The county's workforce deserves to be treated equally and be given raises accordingly. Not because of any other reason. Backdoor politics never creates an even playing field and only causes friction among the rest of us.

Anonymous said...

It appears that the council solicitor is covering his ass. If the system is broken, fix don't circumvent it. Even in the private sector where Mr. Brown comes from has one over one approval. One over one approval at the county is the Executive asks and council approves. If it is out of guidelines, then the approval OBLIGATION RESTS WITH COUNCIL. Mrs. Ferraro and council needs to rescind these raise and make the executive resubmit. Does Mrs. Ferraro have the guts to challenge the executive.

Anonymous said...

what will council do? roll over as usual?

Anonymous said...

smells like "a deal" has been made.

Anonymous said...

Well, based on your update Bernie with Lauer's letter it appears as thought the raises will NOT be suspended. Council has thrown up the white flag. The snake Brown has issued a mea culpa and given a pass. So Cathy Allen, who violated county policy by cheating on her travel expense report, who never apologized for this indiscretion, was "punished" with a 14.1% raise, use of a county car and private parking space. And Lauer is afraid of the legality of having the raises suspended because the person's family has counted on the raise for their livlihood? Bullshit! They should have never gotten the raises in the first place! Allen is lucky to even have a job which she is clearly not qualified for. So the county taxpayers, many of whom have probably not seen more than a COLA wage increase themselves must take it on the chin because council is too afraid of facing a lawsuit? How about if all of the other employees sue the county for discrimination in not receiving equal treatment for their added work responsibilities? Just because you are a Brown brown-noser should not be a criteria to receive privileged treatment.

Anonymous said...

just liker the county was going to fight the easton commuter tax...

Anonymous said...

absolute bullshit! the raises should be rescinded and brown should have to return all monies. before anyone receives a raise or promotion they should be vetted before council and should be present at the meeting if they have a prior engagement it should not be voted on until they can be there as in the case of stan rugis I for one would like to know if he has an engineering degree etc, and his promotion isn't another of browns buddies.

Anonymous said...

I wonder if the HR list of "exempt" workers is related to the FLSA- that is, those workers who are not entitled to overtime. Entirely different from any exempt class under the Personnel structure.

Anonymous said...

it appears some received 2 raises in a year ,what were these pays in 2013 ? check it out

Anonymous said...

brownies been busy on some things....

Anonymous said...

this was just another show . you think council would have done the right thing anyway? highly unlikely.

Anonymous said...

my hope is council will grow a set of balls and absolutely do the right thing ! how can they not ?

Anonymous said...

I know for a FACT in 2013 some of these people had much lower salaries then stated here ! one individual got 2 raises in 1 month here on top of a huge raise look into what they made in 2013

Anonymous said...

Class action law suit needed. Now.

Anonymous said...

All of this has happened on county councils watch. They have done nothing to right this wrong. This county is bullshit.

Anonymous said...

now we know who is in brown's pocket.

Anonymous said...

with this council? half are john brown wannabes.

Anonymous said...

john brown- tightening the belt FOR SOME.

Anonymous said...

brownie- upholding the fine art of secrecy for almost a year and a half!

Anonymous said...

Ferraro and family members also are beneficiaries to salary hikes. It's why she is not doing what she should as president of this do nothing council. Tax payers beware. There is an extremely corrupt system in this county. Tax payers should be questioning practices of this administration and of council. If they continue to fail to make decisions and allow this corrupt government to continue on, all should be replaced during elections.

Anonymous said...

There was a comment about poor Cindy Smith...ha! Poor? She's any thing but poor! How many raises is this for her? Another Brownstain cronie. They just keep coming. Is this list of 17 a full list? There were more suggested in the past. Did we get another half truth here? Low blows keep on coming.

Anonymous said...

of course brown was gonna give up the info now- he didn't want his buddy allen to lose her job,

Anonymous said...

They are making Brown personally responsible for the raises, they are suing him in court. Resignation is around the corner when he us found guilty and responsible for the $$$

Anonymous said...

All this underhanded raise giving did was to further alienate the rest of the work force. The raise given to the clerical staff did not include all of them (DHS Clerical) was totally left out. Many, Many, more workers are going great jobs, taking on more work, and losing money due to the health care change and don't get a dam dime increase! Many managers make less than the union staff they supervise. Many long time employees started at the bottom of the pay scale only to have new hires come in at wages equal to what they are making now. The entire county system is full of inequities that never seem to get addressed, and my gut feeling is that Council will just fold because someone will come up with justifications that will look good but not be worth the paper they are printed on.

Anonymous said...

This is taxpayers money, not Brown's! How can council not act. One employee on the list just started the job, and got a raise! Wow! And I heard Cindy Smith got a raise when he first came into office! She also works from home! Please let me know as a taxpayer, some one can do something!!!

Anonymous said...

Cindy Smith oversees the entire Human Services Fiscal area. Without her oversight that Department would spin out of fiscal control. Some of you people don't remember the massive deficits of the 1980-1990's. Frankly, see was underpaid in the past.

Anonymous said...

So wasn't that her job before? For how many years? What about the rest of the staff who are still doing their jobs? Please, those who had that position before had that same job and supervised the fiscal staff. Was she underpaid? Maybe but so are a lot of OTHER STAFF. Remember the that is how it is in government? So... If she did not like it she could have left. Just like the rest of us.

Anonymous said...

Smith is one of the highest paid employees in the county. She didn't need a raise. She has a high level of fiscal responsibility but so do others in the private sector who earn far less. She should be happy with the generous salary she already receives.

Anonymous said...

I wonder how many of those who got raises had family members who worked on John brown's campaign?? Maybe those who received some of the higher raises?