Judge orders raise for roadmaster

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By MARY GRZEBIENIAK

VINDICATOR CORRESPONDENT

NEW CASTLE, Pa. — Judge John Hodge of Lawrence County Common Pleas Court has ruled in favor of Union Township Supervisor Clair Damon, who challenged the wages the township auditors set for him as roadmaster earlier this year.

Auditors had set his hourly wage at $5.15 per hour — about half of what had been paid the previous roadmaster and significantly lower than roadmaster wages in other townships in the county, which range from $13 to $17.03 per hour.

Stating auditors had presented "no credible justification" for setting Damon's wage at $5.15, Judge Hodge ordered that Damon be paid $15 per hour retroactive to Jan. 3, a rate even higher than the $10 per hour auditors agreed to pay Damon after he filed his court complaint.

The judge also said Damon may request inclusion in any township-paid insurance plan and does not need auditor approval to do so.

Auditors had denied Damon paid holidays, vacations and benefits.

Requests denied

The judge denied the auditors' request that their legal fees be paid out of township funds, stating they did not comply with statutory provisions when they hired Atty. Robert Barletta and did not make a reasonable effort to reach an agreement with Damon.

The judge also denied Damon's request that the auditors be charged with a summary offense, which is a lesser criminal offense than a misdemeanor, for failing to follow counsel-hiring procedures and not making an attempt to settle his case.

Auditor Steve Galizia said Friday the auditors have 30 days to appeal the judge's ruling to common pleas court. But he said there will be no appeal because "the judge's order is the judge's order."

In making his decision, Judge Hodge explained that the township code requires a roadmaster's compensation to be set by auditors at a rate "comparable to compensation paid in the locality for similar services."

He said the auditors have no authority to establish wages based on a budget- line item, nor may they require the roadmaster to punch a time clock, as they also had required of Damon.

Damon, who had previously served a partial term as supervisor, was elected Nov. 8, 2005, to a full term, defeating Galizia. Damon was then named roadmaster by supervisors.

Background

Galizia, who had been elected as an auditor in the same election, made a motion at the Jan. 4 reorganization meeting of auditors to set Damon's roadmaster wage at $5.15 per hour with no paid holidays, vacations, sick days or insurance benefits.

The motion passed with the vote of Galizia and auditor John DeRobertis. A third auditor, Richard Pauline, was absent.

Galizia, who had worked as part-time roadmaster while a supervisor, had most recently been paid $10 per hour in that capacity. Galizia had claimed the wage set for Damon was determined based on the $8,000 provided in the township budget for the job.

In February, after Damon filed a complaint against them, auditors reversed themselves, agreeing unanimously to pay Damon $10 per hour. Galizia claimed they increased the rate because the roadmaster line item had been raised to $20,000 per year after supervisors imposed a tax increase.

Damon's lawyer, Gabriel Cilli, who also is township solicitor, was not satisfied with the hourly rate increase, saying it did not go far enough.

Cilli wanted auditors to also refrain from interfering with Damon's hours and duties, which are supposed to be set by supervisors. He also wanted them to give Damon paid holidays and five sick days and to reimburse Damon's court filing fees and other legal costs.

Auditors declined to meet the additional terms, and Cilli then filed the complaint on Damon's behalf.

Saturday, October 7, 2006