WILKES-BARRE — Luzerne County District Attorney Sam Sanguedolce has responded to concerns raised by County Council members that the new DA approved pay increases for members of his administration without council’s approval.
Council members Walter Griffith and Linda McClosky Houck last week said Sanguedolce needed to come before the panel before proceeding.
In an email sent to council and county administrative staff on Saturday, Sanguedolce set forth reasons why he believes that is not the case, citing the Home Rule Charter in his defense.
Background
Sanguedolce recently submitted employee change-of-status documents to provide three salary increases due to recent promotions: deputy district attorney, from $66,267.50 to $73,000; deputy district attorney of narcotics, $66,267 to $69,000; and narcotics division chief, $60,000 to $65,000.
Sanguedolce previously said he has funds to cover the increase without exceeding the overall allotment council budgeted for wages, union and non-union.
But Griffith and McClosky Houck said last week that if Sanguedolce needs to transfer funds from another category within his budget to ensure there’s enough in that particular non-union wage line — even if they are both related to wages — he must come to council for approval.
“The district attorney has the right to manage the office as he sees fit, but he also has the responsibility to follow the home rule charter and its budgetary restrictions regarding salary increases in that office,” McClosky Houck wrote. “He does not have ‘sole’ unfettered ability to reallocate funds for salary purposes.”
DA’s reply
Sanguedolce last week replied that funds are available in part because multiple positions are unfilled due to difficulties finding suitable candidates. The department also filled some senior positions with new hires at lower salaries and is receiving some salary reimbursements from outside sources, he told council.
On Saturday, he elaborated on that response, saying that state law dictates how DAs oversee how funds in their budgets are expended.
“I reiterate that the funds exist in the salary line for the reasons previously set forth,” Sanguedolce wrote.
“Further, accounting created separate line items for represented (union) and non-represented salaries, but respectfully, those distinctions do not bestow upon council additional powers to intercede in the operation of the District Attorney’s Office or the judiciary for that matter,” he added.
More than that, however, Sanguedolce cited a section of Luzerne County’s Home Rule Charter limiting Council’s powers in this area. According to Section 2.17D: “No member of County Council shall direct or request the County Manager, any employee of the Executive Branch, the Controller, District Attorney or any employee of their offices, any member or employee of a County authority, board or commission, or any employee of the Judiciary or Office of Court Administration, to appoint, promote, or remove any person, or in any manner take part in, intervene or interfere with, or influence the appointment, promotion, or removal of any person, except as may specifically be provided for in this Charter.”
“Certainly, salary change is synonymous with promotion,” Sanguedolce wrote.
Sanguedolce who took over as district attorney March 25 because his predecessor and former boss, Stefanie Salavantis is running for judge.
He went on to state that “having played a major role in the administration for the past nine-plus years, I am personally aware that the procedure undertaken here was the identical procedure used” for previous salary increases in the DA’s office.
“I confirmed this information with former District Attorney Salavantis,” he continued. “In response to Councilman Griffith’s email, it is for these reasons — following the identical procedure as has been done for years — that I did not previously raise the issue with council. Further, I have every confidence that (County Administrative Services Division Head David Parsnik) would have advised if I were procedurally in error. He has followed the same procedure previously as well.”
‘Struggling to find employees’
Sanguedolce also reminded council why he felt the raises were justified.
“Naturally, and importantly, these changes are not made without reason. Particularly at this time, nearly every business is struggling to find employees. We are having difficulty attaining suitable candidates for multiple open positions,” he wrote.
“Over my nearly twenty years in this office, I have seen valuable prosecutors leave for better financial opportunities. I have increased the duties of each of these individuals as previously stated, and the changes are necessary and made accordingly within the duties of the District Attorney in overseeing the office and are within our budget,” the DA added.
County Chief Solicitor Romilda Crocamo previously said she will provide a legal opinion to council before its Tuesday meeting.