State law trumps Home Rule Charter, commissioners and district attorney say
SCRANTON – A volunteer with the Pennsylvania Prison Society asked again that the Lackawanna County Prison Board reconsider its composition at its March 28 meeting, but while the board agreed with his suggestion, they said they are “stuck with it” due to state law. Citing a section of Title 61 of the Pennsylvania Code, Richard Santos gave the board copies of the law several months ago that he believes allow the board to include other members of their choosing, suggesting that they replace the District Attorney and allow for three other appointed positions, which could include members of the public. “It seems like a number of years when people have asked whether a different composition of the board was possible, they were told, ‘No, it was mandated by state law.’ But what I provided you with was copies of state law that showed there is flexibility and there are options. I’m not trying to force you into making a decision to choose; just I really want acknowledgment that you do have a choice in this matter because you have a Home Rule Charter,” Santos told the board. “The problem is, even though we are a Home Rule Charter county, if the Home Rule Charter conflicts with the state statute, the state statute controls because of the Supremacy Clause of our Constitution. And because the state statute has us on the board plus the sheriff…I think we’re mandated by state law to be present, although I agree with you,” District Attorney Andy Jarbola responded. “I think I have a conflict of interest to be on the board, and Senator John Blake (D-22) is proposing legislation for third, fourth, fifth, sixth, seventh class counties to give the DA the option to opt in or opt out. That’s not the present law as we sit here today…I think we’re stuck with it, like it or not.” While Santos disagreed with this interpretation, Commissioner Corey O’Brien concurred with Jarbola, saying that after a close “legal analysis,” the board is not in a position in which it can act on Santos’ proposal, though he appreciated the suggestion. “There’s a state law on point on this subject, and the state law on point says that this government, this Lackawanna County Prison Board, is comprised of the following. So if there are conflicts in state law, the more specific trumps the more general,” O’Brien said. “It’s very point on. I can’t imagine it being more specific.” In other business, Warden Robert McMillan addressed new issues with overtime costs, which have gone up in the past due to transportation and expenses related to inmate medical trips to outside facilities. “I am currently down 17 percent of my assigned staff due to the amount of vacancies and the number of staff members off on long-term leave. While the overtime budget is currently high, the staff salaries part of the budget is very down. Overtime is at 22 percent, and staff salaries is at 14 percent. They should both be right now at 19 to 20 percent,” McMillan said. Up to Feb. 28, $262,113.92 in overtime has been spent this year, with $1.3 million in overtime budgeted for in 2012. Overtime cost the county $907,690.69 in 2009, $1,228,934.76 in 2010, and $1,382,613.30 in 2011, going $157,613.30 over budget last year.