Luzerne County Government

May 4, 2010

Charged Reilly eyes work options

Bribery count may bring unusual arrangement

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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Luzerne County Clerk of Courts Bob Reilly is exploring an unusual work arrangement in light of the federal bribery charge against him.

While he is considering a leave of absence as head of the office, he doesn’t plan to voluntarily give up the pay. The county can’t stop Reilly’s pay if he takes a leave because he is guaranteed $36,562 per year as an elected row officer.

But Reilly doesn’t want to receive a pay check for nothing, according to his attorney, Mike Butera. He is researching the possibility of Reilly performing other non-supervisory work in the office while he is on leave as the official overseer.

“He doesn’t want to take the pay without working,” said Butera. “We’re hoping he can take leave as clerk of courts and do other clerical work in the office so he can earn his pay.”

Reilly, 57, of Wilkes-Barre, won’t resign because he is maintaining his innocence, Butera said.

“He is not guilty of the charge they have accused him of,” Butera said.

County Solicitor Vito DeLuca said he doesn’t know if Reilly could legally execute such an arrangement because Reilly was elected to be an office holder, not a clerical worker.

“I don’t see any provision in the law for the type of leave he’s talking about,” DeLuca said.

The issue of a leave of absence puts Reilly in a tight spot, DeLuca said.

Butera said county Court of Common Pleas President Judge Thomas Burke has suggested that Reilly take a leave to prevent the appearance of impropriety. The office handles the recording of county criminal court records.

However, a paid leave of absence could establish an argument that Reilly is not in the office performing his elected duties, DeLuca said.

The law says a county officer may be removed from office upon conviction of misbehavior in office or an infamous crime, by impeachment or by the governor for “reasonable cause” after a full hearing at the recommendation of two-thirds of the state Senate

Failure to perform elected duties may fit the “reasonable cause” description,” DeLuca said.

“It’s almost like a double-edged sword for him,” DeLuca said.

However, the governor and Senate may not pursue a failure-to-perform-duties angle and opt to leave Reilly’s fate up to the federal court system, DeLuca said.

Reilly has missed 12 days of work since he was charged on April 16.

Federal prosecutors allege Reilly steered work to contractor Barton Weidlich in exchange for $1,500 in kickbacks.

Clerk of Courts Deputy Tom Pizano, a former county commissioner, has been running the office in Reilly’s absence.

Pizano said Reilly is treating the days off as vacation time. Row officers don’t have a required number of work hours or vacation and sick days.

Pizano pointed out that the county’s personnel policy for non-union workers grants 25 annual vacation days for employees with 21-plus years of service. Reilly has been clerk of courts since 1988.

“Even if he went by management standards, he’d have at least five weeks of vacation,” Pizano said.

The office is meeting all requirements in Reilly’s absence, Pizano said.

“Bob picked good workers. Everybody’s trying to do their job and keep up with everything,” Pizano said.

The charges against Reilly largely stemmed from his role as chairman of a county records improvement committee.

Most of the $50,000 in payments to Weidlich’s JPW Construction stayed hidden until recently because Reilly paid the company through an outside records consultant using funds controlled by the records improvement committee. Reilly has maintained he didn’t publicly vote on the expenditures because other records committee members failed to attend meetings – a claim that at least two other members deny.

A meeting of the records improvement committee has been scheduled for 11 a.m. next Tuesday, the first meeting since Reilly was charged.

Butera said Pizano will attend the meeting in Reilly’s absence.

The three county commissioners, sheriff, treasurer, register of wills and prothonotary sit on the committee by law, in addition to the clerk of courts. Funds spent by the committee come from a fee on recorded deeds.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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