The Daily Item, Sunbury, PA

News

October 4, 2009

Montour board sues state over prosecutor’s pay

DANVILLE — State officials seem to have lots of money to make their offices more comfortable, but claim there isn’t enough to meet their legal obligations to counties, the Montour County commissioners say.

The commissioners are trying to force state lawmakers to pay 65 percent of District Attorney Robert Buehner’s salary as required by the state law that made the prosecutor’s position full-time. Montour County is already owed about $200,000, they say. Officials of other counties have voiced similar complaints.

During a recent trip to Harrisburg to notify state officials that Montour County is suing them for their share of Buehner’s salary, the commissioners said they were astounded by what they saw.

Commissioner Jack Gerst said everyone had Segways — personal transportation devices that can cost about $5,000 each— in their offices to travel the hallways.

Huge mahogany desks filled each room, and landscaping employees just leaned on their shovels and talked, he said.

The state Justice Center had a large marble floor, with a marble state seal embedded, in a room no one uses, Commissioner Trevor Finn said.

Everything was brand-new, he added.

“We’re right in the middle of no budget,” Gerst said. “We can’t fund kids. We can’t fund elderly. We can’t fund meals on wheels, but we have a granite and marble kingdom.”

These frills, Commissioner Jerry Ward said, do not make lawmakers do a better job.

On Thursday, the commissioners filed a lawsuit against Attorney General Tom Corbett, Treasurer Rob McCord, Gov. Ed Rendell, the House of Representatives, the Senate and the commonwealth for 65 percent of the district attorney’s salary.

So far, the county is owed $101,737 in 2008 and $104,585 for the 2009 salary, they say.

“This board has worked diligently to lessen the tax load in everything we do,” Finn said. “... We looked into every way we knew we could to save money, and in turn, we get hit with this.”

Attorney Rebecca Warren, of Danville, is representing the county for free.

“I’m a taxpayer, I feel the county is being wronged,” she said. “I felt someone needed to step up to the plate in order to address it.”

Attorneys usually charge around $125 to $150 an hour in the area, she said. She has already put in more than 30 hours of work and expects much more work.

“I think the law is extremely clear on the subject, that the commonwealth is required by law to reimburse the counties 65 percent of the salary each year,” Warren said. “Obviously they are not doing it.”

Ward said the commissioners have talked to local lawmakers who told them they’re working on the problem.

Gerst spoke to state Rep. Merle Phillips, R-108 of RR2 Sunbury, after the trip Thursday.

“He said he would back us up as much as he can,” Gerst said. “He said, ‘Go get ‘em boys. It’s about time.’ We appreciate him for that.”

Officials from other counties have also shown their support.

Richard W. Bickhart, a Snyder County commissioner, said on Saturday his board hasn’t talked about what Montour County is doing, but he supports the commissioners’ actions.

“I commend them for doing it,” Bickhart said.

Montour County might stop following state mandates, if state officials don’t follow the law on the district attorney’s salary, the commissioners said.

“They make the law and break the law,” Gerst said. “The government is ignoring the people and ignoring the laws they set up, but expect everyone else to abide by their laws. We’re done being small.”

The commissioners are afraid the county may lose grant money and other state funding if they upset the wrong people, but said this needs to be done.

“The point is, we’re sick of delaying the due process,” Ward said. “We’re the caretakers of Montour County, and we want to protect the county.”

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