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Nazareth, Pa., United States

Tuesday, November 14, 2017

NorCo: What Are Exempt Employees?

When he was elected NorCo Executive, John Brown's idea of a transition was a private meeting with GOP party leaders in the back room of Michael Snover's law office. That's how he made his initial appointments. There was no transition team and no transparency. So it should come as no shock that one of the first things he did as Executive was to fire a career service employee without due process. This mistake cost the county at least a quarter million dollars.

This employee, who just happened to be an assistant county solicitor, sued. A damages award in her favor was affirmed by the Third Circuit Court of Appeals, the second highest court in the nation.

In that case, Brown tried to argue he was merely reorganizing the department. Here's what the court said.
We are aware of no court that has permitted the government to subvert the requirements of the Fourteenth Amendment with a sham reorganization. If the government were allowed to undertake sham reorganizations to dismiss an employee who was otherwise entitled to due process, Northampton’s proposed “reorganization exception” would eviscerate a public employee’s procedural due process rights altogether.
Unlike John Brown, Lamont McClure has a real transition team in place. They can steer him away from mistakes like the one made by Brown. But as a lawyer who served on Council for en years, McClure already knows that he is unable to terminate a career service employee through a sham reorganization.

Career service employees can only be terminated for "just cause," and are entitled to a pre-termination hearing.

He can, however, terminate an "exempt" employee for any reason he wants.

What are exempt employees? The Third Circuit answers that question, too.
The nine exemptions from the career service are: (1) all elected officials; (2) the heads of agencies immediately under the direction and supervision of the County Executive; (3) one confidential or clerical employee for each of the above officials, except for members of the County Council; (4) the Clerk of Council and the staff of the County Council; (5) the members of authorities, boards, and commissions; (6) permanent, part-time professional employees; (7) provisional, probationary, and temporary employees; (8) officers and employees required to be included in a state merit or civil service system; and (9) officers and employees whose inclusion in the career service would be prohibited by the law of Pennsylvania.
Put simply, all cabinet officials serve at McClure's discretion. So does one confidential employee for each one of them. He can also discharge permanent, part-time professional employees like Assistant County Solicitors or the Chief Public Defender.

The obvious reason for this is that an executive should have a core of employees in whom he can confide and who he knows are loyal to him.

I have no idea what, if any, changes McClure expects to make. That's his call. But I am sure that whatever personnel changes there may be, they will be done correctly.

18 comments:

Anonymous said...

Republicans have a problem with rules and order. Brackbill had the same problem. They seem to think it is like the private sector where you can do just about anything to anyone and it is OK. Had idiot Brown announced he was restructuring the solicitors office and then actually restructured it , he may have pulled it off. Much like his recent campaign boasts, he thinks if he says it, it is a fact. Reminds all of the Donald Trump syndrome.

He could have re-organize the office and eliminated full-time jobs for all and then allowed anyone there to apply for the new positions. If there were any official complaints, let them run their course. Of course he just blundered along and got burned along with the taxpayers.

Anonymous said...

BYE BYE CATHY ALLEN......WAS NICE NOT KNOWING YOU.....

Anonymous said...

That not nice. Now she is unemployed and won’t be able to pay her taxes have some empathy!

Anonymous said...

Now that Seyfried was appointed to the "transition Committee" maybe McClure can have him straighten out the "exempt employee debacle" at the Court House. It is a mess. Are you aware that the Executive Secretary is a career service employee. McClure can't even bring in his own
executive secretary, Same with Kathy Allen's secretary. They have someone else as their exempt/confidential employee and they supposedly can't be fired. If he can't do it as a member of the transition committee maybe McClure can find a way for him to straighten out the rules some other way. The present rules have been compromised and they are a mess.

Anonymous said...

Simply, this simpleton, [with all the alleged business acumen], didn't know what he was doing! For four years, [actually three if you count the year he ran for Auditor General], stumbled his way around county government and crushed the employees of Northampton County with his will and stooges [Allen/Trapp/Keen and so forth]. The voters cleaned out his rubber stamp lackeys on council, now it is McClure's turn to clean out his cabinet!

Anonymous said...

Ron Heckman for County Council President

Anonymous said...

was that the lawyer that was screwing her boss?

Anonymous said...

Allen's secretary is career service. She has nothing to worry about.

Anonymous said...

Oops. Did not read Anon 7:09 properly. When did the Executive Secretary become career service?

Anonymous said...

Good. I'm all about helping people get ahead that deserve it. I'm worried about paying my electric bill. Should I get a promotion for the hell of it? I'm still dealing with the things they took from me. I'm actually happy if they return to the place they came from. The places they forced us in. Let them worry like the rest of us. We were told "Its happening everywhere else." They didn't care. I don't care. I will bring the box of confette poppers the day they get escorted out.

Anonymous said...

Bye bye keen.....maybe now they will hire minority.

Al said...

Clean house Lamont

Anonymous said...

That Executive Secretary in the front needs an attitude adjustment. She needs to be career service to help her keep her job. The other Administrative Assistant was exempt. I guess that changed. She hasn't been seen in months.

Anonymous said...

Read the HRC. Each exempt appointee has one exempt position. So you can’t have a Deputy and a Secretary as exempt. It’s either or...the secretary to the elected official is exempt. So McClure CAN bring his own secretary. The one now is from John Stoffa so she was not brought in by John Brown. Good you do your research before speaking of things you now nothing of. You can pick up a copy of the HRC in Councils office or get it online. Read up before spouting off.

Bernie O'Hare said...

The "Executive Secretary" in front is actually a receptionist. She is career service. I view the complaint about her attitude as a complaint about her job performance and not as a personal attack.

Al said...

The public works secretary is really cocky and arrogant

Anonymous said...

The receptionist is a decent, hard working person whose attitude has been corrupted by Brown and Allen's general distain for county employees. That office has become a toxic environment. Once that evil administration is gone, the air will clear and front line staff will feel better about their jobs.

Bernie O'Hare said...

I have never had a negative experience with the public works sec'y.