Warden, kitchen chief punished in bid flap

WILKES-BARRE – The controversy surrounding the illegal piecemealing of bids at the Luzerne County prison claimed its first casualty Monday as the prison board voted to suspend Gene Fischi for one week without pay.

The board also voted to place Fischi and kitchen supervisor Jack Rentko on probation for one year and to seek proposals for a forensic audit that will examine whether a lack of competitive bidding of food items cost the prison money.

The audit will look at prices being paid now compared to two years ago, with inflation factored in. If the audit determines there was a financial loss, Commissioner Chairwoman Maryanne Petrilla vowed to seek reimbursement from those responsible for the bidding violations.

The disciplinary action, approved by a 4-0 vote, came as a surprise because it bucked a recommendation of solicitor James Blaum, who prepared a report that placed the brunt of the blame for bidding violations on former chief clerk/manager Sam Guesto.

It also marked the first time board members Wister Yuhas and Commissioner Greg Skrepenak broke from their long-standing support of Fischi, who has weathered several controversies in recent years, including the 2003 escape of Hugo Selenski and the admitted misuse of county debit cards by Deputy Warden Sam Hyder.

Skrepenak and Yuhas were joined by Petrilla and Commissioner Stephen Urban in approving Fischi’s suspension. Board member Robert Payne was absent.

Fischi said he was stunned by the board’s decision. Speaking after the meeting, he continued to insist he did nothing wrong.

“I think I’m taking one for the team,” Fischi said. “I felt Mr. Guesto had the authority ... I was following orders, and to think of what the consequences would be if I didn’t follow orders. I was caught between a rock and a hard place.”

Blaum’s report, released April 14, said Guesto told Fischi and Rentko not to bid out items that had previously been bid, telling Rentko to “do it or it’s your ass.” Guesto also directed that no-bid purchases be made from Commonwealth Foods Inc., a company owned by Stephen Harnischfeger, a close friend of Guesto’s.

Blaum determined that led to piecemealing – a practice in which larger contracts are broken into smaller ones to avoid county bidding regulations, which required quotes be sought for purchases of $3,000 or more, and bids for purchases $7,500 or more.

Skrepenak and Petrilla acknowledged Fischi was followings the order of Guesto – someone he mistakenly believed had authority over him. Even so, they said Fischi had an obligation to advise the board he was being told to alter bidding practices.

“It’s about Gene being a victim of his position,” Skrepenak said. “It’s a fine line we’re walking here. ... He holds a position where he is held accountable. It’s unfortunate, but the board felt this needs to happen.”

Petrilla said Rentko bears some responsibility, but she did not feel a suspension was warranted, because he was a “third-line” manager who took orders from two superiors.

“At the same time I feel he had a responsibility in his position to bring this to a board member,” Petrilla said.

Rentko’s probation was approved by a 3-1 vote, with Urban voting no. Urban said after the meeting that he felt probation was too lenient a punishment for Rentko.

Urban said he wanted to fire Rentko and Fischi. He agreed to Fischi’s suspension because it “got some action going.”

Fischi has been employed at the prison for 23 years and has served as warden for 13. He estimates the suspension will cost him about $1,500 in gross pay.

The board did not set a start date for the suspension, leaving that decision to Fischi. Petrilla said she opted to handle it that way so Fischi, who also serves as business manager and human resources director, has time to get things in order.