SUNBURY - Veteran attorney John Muncer has decided to remain assistant solicitor for Northumberland County rather than be reinstated to his former job as assistant district attorney.
Meanwhile, Commissioner Vinny Clausi said Tuesday the county does not plan to appeal the state's decision to reinstate Muncer to his former post since he's decided to remain assistant solicitor.
In a letter issued to the county commissioners Sept. 5, Muncer wrote, "I am formally declining to be reinstated to my former position. I am more than content in my current position as assistant county solicitor. The commissioners (Clausi, Rick Shoch and Stephen Bridy), Gary (Steffen), Janet (Povish) and Karen (Collier) have made it a pleasure working in this office. It is nice to be appreciated, thanked and respected for the work I perform on behalf of the county."
Steffen serves as county chief clerk. Povish is an administrative assistant and Collier serves as an ombudsman/administrative secretary in the commissioners' office.
Although he declined to take his former job back, Muncer will still receive approximately $23,000 in back pay for the past six months in accordance with a ruling last month by the Pennsylvania Labor Relations Board.
Asked for further comment Tuesday, Muncer replied, "I think the letter speaks for itself."
Clausi stated, "Mr. Muncer realized the position in the district attorney's office was not needed. He's a good man to stay with the county and save money for the taxpayers. I appreciate Mr. Muncer's decision to stay in the commissioners' office. He does a professional job. He's very intelligent and he likes the team we have in the commissioners' office. We are working well together."
Although he was happy Muncer will remain assistant solicitor, Clausi protested the back pay awarded to the attorney that included a 6 percent interest rate. "Who else gets 6 percent interest besides the union?" Clausi asked.
Bridy added, "John is a valuable asset to the office and I'm glad he stayed. He doesn't feel another assistant district attorney is necessary."
Shoch said, "We are certainly glad to have him. He's done a good job for us and fits in well with our office."
Shoch said the commissioners are discussing their options with labor counsel to determine what action can be taken if Rosini hires another assistant district attorney.
Clausi said, "If Mr. Rosini hires another ADA, he still must stay within his budget."
Clausi previously vowed to cut the district attorney's budget by $100,000 in January if Muncer was reinstated.
Last week, Rosini said the state's decision to reinstate Muncer reinforces his claim that the county commissioners endangered public safety by cutting the position at the beginning of the year.
Meanwhile, the union that filed a grievance on Rosini's behalf believes he should get a fifth assistant district attorney back, even if Muncer, who was laid off earlier this year, doesn't want the job.
"I believe the crux of the opinion issued by the Pennsylvania Labor Relations Board (PLRB) proves that it was improper to increase the case load of every one of my four assistants by 25 percent at a time when the case load is at record high levels in Northumberland County," Rosini said. "This created a significant change in the general working conditions."
On Aug. 28, Jack E. Marino, PLRB hearing examiner, ruled in favor of Teamsters Local Union 764, which filed a charge of unfair practices Feb. 13 alleging Northumberland County violated a section of the Public Employee Relations Act by refusing to comply with a grievance settlement.
The union alleged the county unlawfully refused to reinstate Muncer, 53, of Sunbury, in compliance with Rosini's granting of Muncer's grievance, which challenged his dismissal under the collective bargaining agreement.
Jimmy Little, president of Teamsters Local Union 764, said it's the union's opinion that if Muncer declined to take his former job back, Rosini would be allowed to hire another assistant district attorney.
Marino cited case law in ruling that the county committed unfair practices and must offer Muncer unconditional reinstatement without prejudice to any rights or privileges he previously enjoyed.
The ruling orders Muncer to receive all wages and benefits he would have earned from the date of his discharge to Aug. 28, plus any out-of-pocket dental, medical and optical expenses for himself and covered family members, holiday pay and accrued sick and vacation time.
Muncer was paid about $64,000 a year in his former post, and makes $33,133 now.
Rosini was forced to lay off Muncer when the county salary board eliminated one of his five assistant district attorneys Jan. 25 as part of cost-cutting measures.
The three commissioners, who voted to eliminate one of the assistant district attorney positions, later hired Muncer as assistant solicitor. Muncer, who began his new post March 1, succeeded his longtime friend, the late James J. Rosini.
Muncer has been an attorney for 28 years, 27 of which he has been employed with the county.
He was an assistant district attorney for more than 20 years under Rosini and former district attorney Robert B. Sacavage, now county president judge. He was a member of Teamsters Local 64 as an assistant district attorney.