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June 30, 2010

Public defender seeking 27 staffers

Request, if granted, would nearly double staff. Officials decline to discuss specifics.

Luzerne County Chief Public Defender Al Flora is seeking 27 new positions in his office, according to a source familiar with his recent staffing request.

The request, if granted, would nearly double the size of the public defender’s staff.

The office currently has 29 employees and three vacant positions. That includes 21 assistant public defenders, five clerks, two investigators and four management positions, according to county records.

Flora would need two other votes on the county Salary Board to create positions. The three commissioners and county Controller Walter Griffith sit on the board, and the public defender has a fifth vote on matters in that office.

Commissioners would also have to determine whether money may be pulled from other areas to fund positions that weren’t factored into the county’s 2010 budget, which allocates $1.9 million in spending on the office.

Commissioners acknowledged that Flora requested a significant increase in staff but declined to discuss the details. The county has not yet released Flora’s roughly 60-page report.

Commissioner Chairwoman Maryanne Petrilla said the commissioners must meet with Flora to discuss his recommendations and options.

“He made a substantial request for personnel that would have a huge impact on our budget,” Petrilla said. “My goal is to reduce our budget and begin to pay off our debt, but at the same time, we have to make sure our offices are running efficiently.”

Petrilla said Flora submitted his report based on how the office would be staffed and funded in a “perfect world.”

“I think he realizes we’re not living in a perfect world, but we recognize that he has some staffing issues,” Petrilla said.

Commissioners want to discuss with Flora the option of switching more part-time assistant public defenders to full-time to reduce the need to create additional positions, she said. The office has six full-time and 15 part-time assistants. The part-timers must work 1,000 hours a year.

“We’d like to determine the financial impact of that versus his request,” Petrilla said.

Commissioner Thomas Cooney said the administration is surveying other similarly sized counties about the budgets, staff size and caseloads of their public defender’s offices.

Commissioner Stephen A. Urban said the staffing level Flora requested is “excessive.”

Flora, who also declined to discuss specifics, said his request was based on what is needed to meet national standards and provide effective representation to low-income clients.

“I want to see a public defender’s office that the county can be proud of,” said Flora, who was hired as chief public defender last month. He replaced Basil Russin, who resigned in March after three decades running the office.

Flora said he welcomes the opportunity to discuss his report and solutions with commissioners, though he cautioned against putting too much emphasis on what’s happening in other counties.

“You have to be careful when comparing to other counties because those other offices may be substandard,” he said.

Flora’s report prompted an exchange of words between Urban and Flora in the media last week. Urban accused Flora of not “doing his homework,” while Flora said Urban was a “disgrace to his office.”

Urban said Tuesday that Flora will be “called on the carpet” for his comments.

“I think his remarks about me last week were a personal and political attack, and I’m not going to tolerate that behavior from any employee in the county toward any county commissioner,” Urban said.

Flora said he had an obligation as a lawyer and head of the Public Defender’s Office to contest “misleading and inaccurate” comments by Urban about office operations. He said Russin was criticized for not speaking out.

“You can’t have it both ways,” Flora said. “It wasn’t designed as a personal attack on him.”

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






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