Somerset treasurer claims county unlawfully operating salary board

Jan. 4—This story was updated Jan. 4 to correct a 2022 clerk salary.

SOMERSET, Pa. — The Somerset County commissioners and the county's treasurer clashed again on Tuesday in a meeting over county employees' salaries and the four-member board that governs them.

Treasurer Anthony DeLuca claimed during the meeting that the county is approving salaries improperly — and county Solicitor Michael Barbera called the allegations a political "ambush."

DeLuca has been pressing the commissioners to raise annual wages significantly in many departments — beyond the 3.5% increases that many employees have been receiving — and has maintained that the board has minimized his role on the salary board that casts votes on most county salary adjustments.

At the start of the county's salary board meeting, DeLuca declared himself, not county Chief Clerk Sonya Augustine, as the board's secretary.

And he accused Somerset's commissioners of approving salaries "backwards" by making decisions to modify wages before putting the motion to a salary board vote.

"You're not following the County Code," DeLuca said.

Somerset County President Commissioner Gerald Walker, who chairs the salary board, and Barbera said DeLuca's concerns surprised them.

They said DeLuca did not bring up the topic or court documents supporting his argument until partway through Tuesday's meeting, giving them no chance to respond concerning whether he is right, wrong or somewhere in between.

"(DeLuca) waited until the cameras were rolling," Barbera said, noting that it forced the board to table his arguments for discussion at a future meeting.

Minutes earlier, DeLuca cited a section of the County Code, which, as amended in 2018, names the treasurer as board secretary.

He also cited a 1993 Commonwealth Court order resolving an appeal between then-Cambria County Controller Albert Penksa and three previous Cambria County commissioners regarding their own dispute over two hires.

DeLuca reported that the order stated that salary boards set wage adjustments for county employees — and, in certain cases, that includes for deputies, clerks and assistants, as well as how many of each the county employs, DeLuca noted.

The three Commonwealth Court judges described salary boards as "watchdog" agencies, in place to keep a majority of county commissioners from having "unrestrained power of appointment at any salary."

It's a matter of checks and balances, DeLuca said, and that cannot occur when the commissioners are running the salary board through their own office employees.

After the meeting, Walker and fellow commissioners Colleen Dawson and Pamela Tokar-Ickes said they have directed Barbera to review the matter and will await his findings.

They noted that the Somerset County salary board has been operating the same way for decades — with the county's chief clerk as secretary — since long before any of them took office.

DeLuca argued that the county is erring on union contract approvals and other actions — and abstained from several salary board votes Tuesday.

He did not cite a reason why he abstained at the time, but later said it was because he perceived the votes as improper.

Clerk salary disputed

DeLuca also disagreed with a move to increase Augustine's salary as chief clerk by more than $7,000 — to $55,000 — a move that board members said reflects her increased workload.

DeLuca said top row office deputies — or "chief deputies" — should also receive $55,000.

But Dawson and Tokar-Ickes noted that the county's chief clerk, as the commissioners' top office administrator, has different and broader duties.

In addition to longtime tasks such as preparing for meetings and bidding requirements, Augustine's role also includes managing the county website and serving as a public relations arm, serving as secretary of the retirement board and handling record requests as Right-To-Know officer, Tokar-Ickes said.

Nearby counties, including Cambria County, pay more for the role, 2022 salaries show.

Cambria County's chief clerk earned $84,511 in 2022.

Indiana County, a sixth-class county like Somerset County, paid $58,118, and Bedford County's chief clerk was paid $51,246 last year. Reports show those counties also pay row office first deputies significantly less.

Somerset County's population, just over 73,000 people, far exceeds Bedford County's (47,461) and is less than Indiana County's (83,246) and Cambria County's (133,472 as of the 2020 census).

Tokar-Ickes said DeLuca is bringing up county salaries to "stir up" emotions for political gain.

"It's really easy to get people stirred up about their paychecks," she said. "It's another thing to make difficult decisions ... and be responsible with how (taxpayers') money is being spent."

Salaries and benefits represented approximately 38% of the county's $53 million budget last year, much of which is funded by county taxpayers, the board noted.

"We've been asked (by DeLuca) to raise taxes to raise county salaries, and we've strived to avoid tax increases whenever possible," Tokar-Ickes said.

"For property owners and businesses, we think that's especially important now, with the current economy."

Interim Sheriff Dustin Weir said efforts remain ongoing to find replacements for two deputies who are leaving their posts this week — a move that will at least temporarily leave him with just four deputies.

The commissioners said Tuesday that job postings have already yielded six applications — including several people with law enforcement backgrounds.

Weir said the applications he's reviewed have only yielded potential cadets, which could help down the road, but won't address immediate needs.

He has also continued to push for higher starting deputy salaries, noting that first-year deputies earn $11.92 an hour.

Clerk of Courts Rose Svonavec agreed on Tuesday. The county should pay better to anyone "whose job requires them to carry a gun" and protect others, she said while leaving Tuesday's meeting.

The commissioners said the matter will be up for negotiation late this year, with the current contract set to expire in December.

Tokar-Ickes said the starting rate can be misleading.

Including benefits, each first-year deputy costs Somerset County more than $57,000 — and that climbs another $6,500 for those who would enroll in a cadet program with Pennsylvania Highlands Community College.

As outlined, those who complete the program would be reimbursed their $6,500 cost and receive a $3,500 uniform allowance.

And Dawson said all of the county's current deputy sheriffs are multi-year employees who received between $36,500 and $48,000 in 2022, including overtime pay.

Tokar-Ickes said current deputies received $2-, $1- and $1-per-hour raises during three of the past four years of their current contract.

"They agreed to the contract," she said.