Luzerne County Government

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

Luzerne County commissioners have ordered Chief Public Defender Basil Russin to repay more than $43,000 in on-call stipends, and further personnel action against him is also being discussed, officials said.

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Russin said Thursday that he will repay the money and has not been informed of any other potential ramifications.

County Solicitor Vito DeLuca said the money must be repaid because the county’s 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 $495-per-week 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, and he said he would be happy to give up the responsibility.

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.

County Budget/Finance Chief Tom Pribula said his office is still tabulating the final payment because other county costs must be factored in.

Pribula met with Russin on Thursday afternoon to discuss the matter, but Pribula said he will need some direction from the administration before the payment is officially requested from Russin.

For example, county minority Commissioner Stephen A. Urban said the county paid Federal Insurance Contributions Act (FICA) tax on Russin’s on-call pay. He believes Russin should repay that amount because the county may not obtain a refund from the federal government.

Russin’s retirement account must also be readjusted, Urban said.

Pribula said the higher pay would boost Russin’s pension, so the county must ensure that he receives credit only for the salary, with no on-call pay.

“We have to find the right way to undo what was done,” Pribula said.

Pribula said the county must also issue new W-2 forms to Russin for 2008 and 2009, and Russin must redo his income tax return from 2008 and amend his 2009 return if he already filed it.

County officials declined to discuss what additional personnel actions are under consideration, though an insider said a suspension or requested resignation are among the options.

Urban has already publicly called for Russin’s termination, accusing him of “taking advantage of the system” and not being upfront with commissioners about taking the extra pay.

Russin said the payments were not hidden.

To prevent a reoccurrence with other employees, county Controller Walter Griffith has instructed the payroll department to flag any additional pay for non-union workers and to check with his office and commissioners before releasing any money.

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