Luzerne County Government

March 16, 2010

Russin offers to step down, source says

County’s chief public defender could be disciplined over his receipt of on-call pay.

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

Luzerne County Chief Public Defender Basil Russin has offered to resign, but county commissioners haven’t decided if they are going to accept it, according to a well-placed source.

The three county commissioners met with Russin in executive session Monday to discuss potential disciplinary action over his receipt of on-call pay.

Commissioners Maryanne Petrilla, Stephen A. Urban and Thomas Cooney declined to discuss their plans. Urban has publicly called for Russin’s termination.

The next county commissioner meeting is Wednesday.

Russin declined comment Monday. He attended the executive session with four attorneys who support him: Al Flora, William Ruzzo, Joseph Yeager and Jonathan Blum.

Russin repaid $27,749.60 in on-call payments last Wednesday. The county will recoup the remaining $15,946 from the state, federal and local government, officials said. That’s the amount that had been withheld for taxes and contributed by the county for Social Security and Medicare.

Though he stressed he had received authorization from a superior before accepting the $495-per-week on-call stipend, Russin said he agreed to return the on-call pay to the county because he learned that it should not have been paid.

He has declined to name the superior.

County officials 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, officials said.

The $43,695 in gross payments covered on-call pay from 2008 through 2010. Commissioners stopped the payments two weeks ago, when they were alerted by the budget/finance office.

Russin has said he started collecting the stipend because he must respond to office matters at night and on weekends when people are arrested.

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.

Public Defender’s Office union members have filed a grievance seeking the on-call pay that had been paid to Russin.

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