County set up disputed pay, Russin says

Luzerne County Chief Public Defender Basil Russin said Friday that it wasn’t his idea to collect a $495-per-week on-call stipend.

Russin said he had approached a superior from the county administration in 2008 to discuss his increasing hours, and this “senior, high-management official” advised him to start receiving the on-call pay.

Russin declined to publicly name the official and said he has not had an opportunity to discuss the matter with county commissioners.

“It was suggested to me that I receive the on-call pay. I did not do it on my own. I didn’t just do this unilaterally,” Russin said.

Russin said he did not know that the county Salary Board would have to authorize any additional pay, and he figured the official would have instructed him to obtain the approval if it was necessary.

His paychecks with the additional stipend were distributed to the county human resource, payroll, controller and budget and finance offices, Russin said.

“I never thought about it. This was not hidden,” Russin said. “However, despite that, I now understand it was improper.”

Russin said he agreed to return the more than $43,000 in on-call pay to the county, even though he could contest repayment on the grounds that he received authorization from a superior.

“If I was not entitled to it because of technical language, I want to pay it back, even though I worked for the money and it was in the budget,” Russin said.

Russin said he is still waiting for a final figure from the county before cutting a check.

Commissioners are considering further personnel action against Russin but have not made a decision.

County Solicitor Vito DeLuca said the money must be repaid because the salary board did not authorize any payments above Russin’s $52,178 salary.

Russin is also a non-union worker, and only union workers are allowed to receive on-call pay as part of their collective-bargaining agreements, DeLuca said.

The $43,000 covers on-call pay from 2008 through 2010. Commissioners stopped the payments last week, when they were alerted by the county budget/finance office.

Russin has said he started collecting the stipend because he must respond to office matters at night, weekends and sometimes in the middle of the night when people are arrested. He said the county will have to pay someone else in the office to handle the work if it’s not him.

Though he is considered management, Russin said he was technically hired as a part-time employee 35 years ago, instructed to work 1,000 hours per year. Russin said he works more than 2,000 hours per year.

Russin said he has continued to accept evening calls, including eight calls one night this week, even though he is no longer receiving the additional pay.

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The chief public defender says he’s agreed to return $43,000 that is in dispute.

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