Non-veteran promoted to newly created position
The Fayette County commissioners Thursday approved promoting a non-veteran to a newly created position in the Veteran’s Affairs Office, and then heard about the need for having a veteran’s preference policy for the county. In a 2-1 vote during the monthly commission meeting, Madonna Nicklow was promoted from a secretary 3 position to the veteran’s affairs representative position at a pay rate of $12.11, effective Aug. 7. Commissioners Joseph A. Hardy III and Vincent A. Vicites voted in favor of the action, with Chairwoman Angela M. Zimmerlink voting against it.
At Tuesday’s agenda meeting, Zimmerlink questioned if veteran’s preference should be applied to the position, which she said didn’t have to be made a union job. Vicites said because the position is a union position, the county was obligated to follow the union contract and hire the most qualified person from the union that applied.
Vicites said normally the position is posted for 10 days and if no one in the union applies, it is open to outside individuals. He said that did not happen in this case, as it was opened up to others from the beginning. Eight people applied, and three were interviewed, including Nicklow.
Zimmerlink said it was not initially clearly stated whether or not the position was a union position. She said the job description was not even in the same format as normal county descriptions, and in fact referenced the county of Trinity, which is not even in Pennsylvania. “It should have been clear if this was union or non-union. I’m not saying the person was not qualified. I wish to have the county hiring practices so that I can say we have taken every step to ensure good hiring practices,” Zimmerlink said.
When Zimmerlink said the position didn’t have to be union, Lisa Harkins of Felice Associates said she believes the administrative position should be in the union.
Zimmerlink said regarding veteran’s preference, some veterans called her and said they would have preferred a veteran in the position, suggesting that should have been a requirement.
Veteran’s affairs director Don Seroka said the two veterans who applied did not claim veteran’s preference and neither was familiar with the laws and regulations that are handled in the Veteran’s Affairs Office.
Pat Britt of the Hopwood AMVETS said state law requires that if a veteran meets the minimum requirements, he gets the job.
During public comment, Kevin White of the Rolling Thunder group read a letter from former veteran’s affairs director Frank Staszko saying there is no formal veteran’s preference policy in the county, adding that similar positions in other counties are held by non-veterans and Kingan has already been doing the job for more than a year.
White said he believes a veteran’s preference policy is needed. “I would applaud any effort to have a formal veterans preference,” White said.
The commissioners also approved the transfer of William Marva from the Fayette Area Coordinated transportation office as a full time van driver to the office of veteran’s affairs, effective Sept. 25. The commissioners approved entering into 60-month leases with Superior Ford for a Ford E350 -15-passenger van at $20,302 and for a Ford E350 wheelchair passenger van for $38,166. Beginning Oct. 1, the veteran’s affairs office will take over transportation for Fayette County veterans, a move that Vicites claims will save $6,000 per month.
In other items, after the commissioners accepted the resignation of Debbie Apicella as confidential secretary in the commission office, Zimmerlink asked her fellow commissioners to reconsider action to post the position.
Zimmerlink said it was an opportunity to downsize Fayette County government. Her proposal, which she said would be without negative effects, includes using current office staff, including the administrative assistants of Hardy and Vicites, to assume the duties of the position. Zimmerlink also volunteered to take over some of the duties. Neither Hardy nor Vicites made any comment following Zimmerlink’s remarks.
The commissioners recognized military veteran Specialist Brian Sheets for receiving the Silver Star and Purple Hearts while serving active duty in Iraq.
According to Vicites, on Feb. 27, Sheets was in a tank in Iraq when a live grenade flew into the tank and Sheets threw it out, saving the lives of several people. Sheets was injured by shrapnel during the incident, Vicites said.
Vicites said he wanted to honor Sheets as a tribute to his bravery. Sheets and his wife and children were given a standing ovation, and Britt of the Hopwood AMVETS presented Sheets with a lifetime membership with his organization. “I thought you should have had the Medal of Honor,” Britt said.
During public comment, Michael Cavanagh of Uniontown renewed his request to receive a copy of the county’s liability insurance policy. Cavanagh said he has been denied information that should be available to him. He said everybody campaigns that they are for Sunshine Laws, but he has been unable to receive the information for the past six months.
Cavanagh, who was convicted of auto insurance fraud, was allegedly assaulted and apprehended by Fayette County court employees while in West Virginia three years ago after his appeal was exhausted. He has sued the county and its employees in federal court, claiming that his civil rights were violated when he was picked up in West Virginia to begin serving a prison sentence. He said he wants to know why he has been denied public information. Cavanagh said he attempted to get the information and was told that he could not have it.
County solicitor Joseph E. Ferens Jr. said he never received a call from Cavanagh. “The rules change when you sue me. Go to your lawyer and make a request and you can get anything you want,” he said. He explained that counsel for the insurance represents the county and it is unethical to speak with Cavanagh since he has an attorney. “Go to your lawyer and have him contact the lawyer handling your case,” Ferens said.
Zimmerlink said she responded to Cavanagh’s request by letter, with Cavanagh acknowledging she was the only commissioner who has responded.