I told you yesterday that NorCo DA Steve Baratta wants to hire a retiring Bethlehem police officer to add to his stable of county detectives. At the same time, he proposed giving all county detectives what amounts to a 15% payhike over what they are currently paid. But when Baratta and First Assistant Bob Eyer appeared before County Council last week, a resolution that authorized the hire and salary increases was missing. That's because Executive Lamont McClure pulled it. He had good reason to do so.
One of my readers slammed McClure: "He must have it his way and will push back on anything that doesn't get him donors or publicity." But as McClure himself advised Council, county detectives are in a collective bargaining agreement, and the county administration is the sole bargaining agent when it comes to doling out money.
This appears specifically in the Home Rule Charter's enumeration of the powers of the Executive branch. Among them is the authority to "supervise and direct the negotiation and administration of any collective bargaining agreements with employees ... ." This applies to all union contracts, including the courts and the DA.
Without question, as an independently elected official, the District Attorney has authority to hire and fire. But he has no authority to raise or lower salaries. That is the province of County Council. If a union contract is involved, it is the province of both the Executive and County Council. The Executive negotiates. County Council approves any collective bargaining agreement.
Baratta argued that he has the right to "move pieces" as he sees fit so long as he stays within his budget. But that view is wrong. Under the Home Rule Charter, they, and not he, set the salaries.
In addition to defending the Home Rule Charter, McClure has another reason to put the brakes on Baratta's proposal. Baratta is proposing a 15% wage hike for detectives who already are paid pretty well and drive a county car home every night. He is doing this just as contract negotiations are beginning for a new contract. How does he justify this to Human Services workers who are also getting 15% raises, but spaced out over three years? How does he justify this to other county workers? And how does he justify it to county taxpayers?
County Council solicitor Chris Spadoni told Baratta last week to just prepare his own resolution so County Council can vote on it. That would also be a mistake and would be just as meaningless as the various toothless resolutions being hurled at County Council in recent weeks.
