Luzerne County Government

April 22, 2010

Sheriff’s office, union work to settle issue

Proposal would allow deputies to get extra pay to serve papers.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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The Luzerne County Sheriff’s Office and union representing deputies will draft a proposed contract amendment allowing deputies to receive additional pay to serve civil court and mortgage foreclosure documents, officials said Wednesday.

County Controller Walter Griffith, county Solicitor Vito DeLuca and representatives of the sheriff’s office and union met Wednesday to discuss the matter.

Deputies had been receiving a flat payment starting at $12 for each document served as compensation for using their own vehicles to serve the documents, regardless of distance traveled.

Griffith stopped these extra checks earlier this year, saying the union contract authorizes only mileage based on the actual distance traveled at 50 cents per mile.

He had discovered that seven workers received an additional $190,700 in 2009 to serve the documents, often on county time. The money to pay the deputies came from private parties who needed the documents served.

DeLuca said the new memorandum of understanding would also have to be adopted by commissioners to take effect. He said he will review the wording to make sure it doesn’t restrict the new sheriff yet to be appointed by the state. The next sheriff may opt to return to the practice of requiring deputies to use sheriff vehicles, he said.

Former sheriff Barry Stankus has said he covered the serving of documents at a lower cost by using some of the fee revenue to lease county vehicles and assigning the deputies to more evening shifts. Leftover revenue was returned to the county, he said.

Some sheriff deputies have argued the extra payment is a plus for the county because they forego overtime for documents served at night. Deputies don’t receive additional payment if multiple trips are required, and deputies must make three attempts to serve a document.

The deputies belong to the American Federation of State, County and Municipal Employees (AFSCME) union.

The state Office of Attorney General agreed last month to investigate the extra payments. County District Attorney Jacqueline Musto Carroll had forwarded the matter to the state after receiving a request from Griffith to investigate.

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