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Nazareth, Pa., United States

Wednesday, December 06, 2017

NorCo Has 175 "Exempt" Employees

Northampton County's Home Rule Charter, in an effort to professionalize the County workforce,  established the career service. The idea was to attract the best and the brightest and impose the "highest possible ethical standards." No one in career service may be "demoted, suspended, dismissed,or disciplined" without "just cause." Impartial standards should exist for each position, and people who already work for the county have the right to apply for vacancies as they occur. A pay plan is mandated as well as a policy in the event that a reduction in force is deemed necessary.

Without question, the career service provisions of the Home Rule Charter are paved with good intentions. So naturally, they have been a disaster. Throughout the Charter's 40-year history, there have been numerous examples of people being passed over for promotion, despite being qualified. In some cases, it's been because the test for the new position has nothing to do with the job being performed. In others, an outsider connected to one of the department heads is brought in and the job is never posted.

Perhaps the most glaring example of the inadequacies of the current system is provided by someone who himself was employed in Human Resources and tested for a position. Then HR  Director Pete Regina claimed this person had tested poorly, but this employee marked his test paper in blood and claimed that he had been cheated.

Another problem with career service is that it has no application to a large portion of the workforce.Of Northampton County's 2,200 full and part-time workers, 175 are considered exempt. Most of them work for the judges and are really just at-will employees, even if they belong to a union.

Three of the Clerks working for County Council are considered exempt, and could be replaced by the incoming Council. That's unlikely, but part-time Council Solicitor Phil Lauer (salary $55,858.61) is probably toast. He is one of the County's most formidable litigators. He's won every suit in which he represented Council. In a governing body dominated by Republicans, most of his opinions agreed with the Democrats. But I suspect he will be dumped solely because he is a Republican.

Live by the sword, die by the sword.

More understandable will be the replacement of the County's legal department.

Part-time Solicitor Ryan Durkin ($61,886.03) is a gentleman, but the fact remains that he is an Emmaus collections lawyer with no practice in this County. In fact, he is not even a member of the NorCo bar. The six part time lawyers under him include First Ass't Solicitor Stan Margle ($52,675.79) and assistants Dave Backenstoe, Dave Ceraul, Dan O'Donnell, Jacob Sitman and Michael Snover. They are paid $45,340.46 per year. Ceraul is a regular GOP contributor, while Backenstoe gave Brown $1,000. Snover's wife is General Lee, the NorCo GOP boss.

I am sure they will all be replaced.

I'm less clear on the Public Defender's Office. Chief Public Defender (Part Time) Bob Eyer ($61,737.31) made the mistake of contributing $500 to John Brown and will undoubtedly be replaced. I think most of he part-time assistants ($48,338.99) are safe. They include Ed Andres, Syzane Arifaj, Jim Connell, Rory Driscole, Jordan Knisley, Alex Mills, Mark Minotti, Matt Potts, Tim Prendergast, Chris Shipman, Phil Viglione and Joe Yannuzzi. Two full-time public defenders, Susan Hutnick ($74,225.63) and Anthony Rybak ($71,029.30), will likely be retained, but they are exempt employees. So is First Ass't Goodrich Public Defender (Part Time) Matt Goodrich ($61,581.73).

27 comments:

Anonymous said...

Are you defining Exempt v Non exempt the same as state labor laws? I would hate to think that any hourly employee is worrh more than a salary employee or visa versa. I hope you are specificslly referring to pi
Political appointments vs those that went through a formal interview process and accluntable for their work.

Bernie O'Hare said...

I refer to exempt employees as they are described in the HRC. The word was intended to be very limited, but it has not worked out that way at all. A clerical employee who is paid by the hour can be considered an exempt employee. That is true of three of the clerks who work for council and just about every person who works for the judges. I find it ironic that the persons who ensure that we get due process do not provide it to the people who work for them.

Anonymous said...

It is sad that people just assume any "exempt" employee is an unqualified political hack. Talk about due process. The fact is many of the Directors various Executives have appointed have had both the education and experience for the jobs they have held. As to political favors, despite the "career service" write-up some of these positions ere filled by people who "knew" someone on the inside. It happens more than people care to admit in both the private and public sectors.

I just hate to read that everyone appointed to run a county department is unqualified. It can happen but not as often as is portrayed.

Anonymous said...

Council should consider replacing the clerks. Flisser was a tough act to follow but the difference is glaring. If council wants to be taken seriously, they need to have professional staff to carry that message.

Anonymous said...

Who the hell cares!? Get a life O Hare.

Anonymous said...

It is indeed a sad situation that our elected officials find ways to circumvent the system and dedicated, qualified, hard working employees are passed over for promotions and or retention. The grievance procedure in the career service Regs need some stiffer policies and wording. An employee goes up against a stacked deck when he/she files a grievance and the "Appeals Board" hears that case. The solicitor to the Appeals Board is appointed by the Executive who has a pay check signed by the Executive. The Appeals Board should have the right to hire their own "legal consul". Next, there has to be a penalty for the Administration and/or the appeals Board for not hearing a case in a timely fashion. Cases should not dragon for years. Our employees deserve better.

Bernie O'Hare said...

"The fact is many of the Directors various Executives have appointed have had both the education and experience for the jobs they have held"

Most department heads are career service.

Anonymous said...

Looks like we're about to drain the swamp and repopulate it with new swamp dwellers. SSDD.

Anonymous said...

One must be impressed by Mr. Backenstoe's flexibility and survivor instinct from Reibman to Brown and likely McClure? Impressive.

Anonymous said...

Most Cabinet member department heads have not been career service whether Democrat or Republican. It happens but not the majority of positions nor should it happen as careerists are wedded to standard operating procedures and sometime resistant to change. However under the Department Directors u do get people like Kevin Dolan at Children and Youth (25 years?+) who admirably have endured.

Bernie O'Hare said...

10:50, Backenstoe contributed $1,000 to Brown, so I doubt he stays.

Anonymous said...

His winning streak ends? What if he donates $2,000 to McClure? just sayin.....

Bernie O'Hare said...

Had he contributed to both during the election cycle, I would urge McClure to keep Dave bc he is an excellent lawyer. But he did not, and thus his loyalty is questionable.

Anonymous said...

O’Hare would urge McClure. Isn’t it amazing how he thinks his opinion means Jack shit to anyone!

Anonymous said...

Yet here you are, reading a blog about just that (his opinion). Get a life.

Anonymous said...

Regarding unqualified department heads, does the county require any type of leadership or management training? The new director in my department knows her stuff when it comes to the actual work that we do, but she had zero people skills and isn't an effective leader. It seems a lot of supervisors here were promoted because they've put in their time, regardless of their managerial skills.

Anonymous said...

Bernie went shilling for McClure because his BFF John Morganelli told him to.

Bernie is a John Morganelli errand boy and does as he's told.


When Bernie falls off the rails and starts ripping apart McLure like the rabid dog he is, John will slap Bernie's snout with a rolled up newspaper, and Bernie will stop.

Good dog.

Carl said...

12:05 and 1:11- Why not start your very own blog and stay away from this one? This blog is at least enlightening and educational.

Bernie O'Hare said...

Carl, those comments come from a R hack who prefers a world in which you have no idea what is going on. I know who she is, and she also hates Morganelli.

Anonymous said...

Dave is a good lawyer however his adaptability is superior. Why not just kiss the Mcclure ring and donate now. They could use the continuity. Who is the leading candidates for Chief Solicitor?

Bernie O'Hare said...

It's a question of loyalty. Dave has demonstrated he is loyal to Brown. Lamont will pick who he wants, but there are lots of good lawyers. As for Solicitor, Don't know and don't really care bc McClure as a lawyer will make a good pick.

Anonymous said...

It would be nice to see some new blood, rather than the same old hacks from Central Casting.

Anonymous said...

What is "new" blood as opposed to old "hacks".
Sounds like you prefer new inexperienced hacks as opposed to experience. In the age of Trump we now praise inexperience and fresh stupidity, as opposed to knowledge and facts.

Sad time. The county will survive.

Anonymous said...

The HRC refers to those exempt from Career Service regulations/protections as “exempt,” but that is not the same as those exempt from OT under the FLSA.

There can be an exempt employee who receives OT, because one speaks to a county definition and the other a federal. Not all 175 of those labeled exempt by BO are salaried, most are probably hourly. Although i’m sure he wants it to seem that they are salaried...

Anonymous said...

Fresh stupidity is what we have now occupying the cabinet. Clean them out.

Bernie O'Hare said...

"There can be an exempt employee who receives OT, because one speaks to a county definition and the other a federal. Not all 175 of those labeled exempt by BO are salaried, most are probably hourly. Although i’m sure he wants it to seem that they are salaried..."

I only want it to seem the way it actually is. I made clear that many of these exempt employees are hourly workers.

Anonymous said...

Can someone explain to me why a secretary in Council should make 96k a year? You can give it all the fancy titles you want but it's still a secretarial job.At least throw us some scraps now and then.