Luzerne County Government

February 26, 2010

Public defender’s extra pay sparks concern

The county commissioners will talk with Basil Russin, chief clerk says.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
Jennifer Learn-Andes on Facebook   |   @TLJenLearnAndes on Twitter

Luzerne County officials are investigating how and why Chief Public Defender Basil Russin received $26,730 on top of his $52,178 salary last year.

County Chief Clerk/Manager Doug Pape said the additional pay was identified as on-call compensation.

The county’s budget/finance office recently discovered the stipend and alerted Pape’s office. Pape said commissioners will discuss the matter with Russin and “look into it.” He said he can’t say more because it is a personnel matter.

County minority Commissioner Stephen A. Urban said Russin has no authority to receive pay on top of his salary, because he is a management employee.

Public defender union employees may be entitled to on-call pay, but the payments are governed by the bargaining agreement, he said.

“He should be terminated,” Urban said. “We are in tough financial times in the county, and we have a manager who is taking advantage of the system.”

Russin said the on-call pay is $495 per week, and he started receiving it because he must respond to office matters nights, 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.

“If they don’t want to honor this, I’ll adjust my work schedule,” Russin said.

Though he’s 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 the on-call pay has been in the county budget for six years, and someone else received it when he was off sick in 2007 and 2008.

“Nothing was hidden,” he said.

But Urban said Russin should have informed commissioners that he was receiving the extra pay because commissioners had no idea.

“He works for the three commissioners. He didn’t come to us. He just did this on his own,” Urban said.

Urban said all non-union salaries are approved by the county Salary Board, and none of these employees should be paid more. The three commissioners and controller sit on the salary board, and the public defender gets a fifth vote on matters in his office.

Urban said commissioners must institute controls in the computerized payroll system to prevent any pay beyond the approved salary.

“Instead, the public defender signed the voucher in payroll, and they just gave it to him,” Urban said.

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