Controller questions legality of hiring
County controller Benjamin Holland is questioning how someone was hired to the recently created position of county procurement director without input from him as a member of the Salary Board.
Holland shared a copy of a letter he sent Friday to solicitor Wil White asking questions and expressing concerns about the process in which Shawn Pugh was hired for the position.
In the letter, Holland said he learned about the hiring when he read an article in Friday’s Butler Eagle saying that Pugh resigned from his position as borough manager of Slippery Rock effective Aug. 23 to become the county director of procurement.
Holland said the salary board created the position May 11, but did not set a salary even though it is required to do so by state law.
“If, in fact, Mr. Pugh was offered the position with the county, one can reasonably assume that a ”salary“ also would have been offered. Did the Salary Board take action? If so, as a voting member of the Salary Board, I was not afforded any opportunity to comment, or express approval or disapproval, on the matter,” Holland said in the letter.
He goes on to say: “Neither did I receive any communication involving a request that this action be ratified at the next public meeting on Sept. 7, 2022.”
Minutes from the May 11 Salary Board meeting include the creation of the full-time position at pay grade 14 with a salary range of $65,412 to $91,577 with benefits, according to the minutes.
On Wednesday, Holland said he was on vacation from work when he read the article, which surprised him.
“I was unaware of it entirely,” Holland said.
He said he questioned what he read in the article, because he is independently elected to make sure money spent by the county is spent legally, and felt a duty to ask questions.
Since then, he said, he has talked to White and has a better understanding of what happened, but he still believes offering a salary that wasn’t approved by the Salary Board was “technically not legal.”
Holland said he has been given a personnel transaction form that states the salary offered to Pugh is $81,000 a year.
“At the end of day, I want to make sure we’re spending money appropriately. I just don’t want to see it happen again,” Holland said.
The matter will be resolved if the hiring and salary are approved at the Sept. 7 Salary Board meeting, but, Holland said, he doesn’t know what will happen if the board votes against the motion or the vote results in a 2-2 tie.
Pugh said Wednesday that during the hiring process he was interviewed twice, the second time by the commissioners in mid-August. He received the job offer shortly after.
“There was nothing out of the ordinary,” he said.
As far as his position being voted on Sept. 7, he said he understands that to be standard procedure.
“It’s for any and all hires at the county, I believe,” he said. “I can’t speak for them, but I believe all hires have to be voted on by the board.”
According to the county’s job description, the procurement director serves as the principle public procurement official and is responsible for the procurement of all goods, supplies and services in accordance with applicable federal, state and local laws, ordinances, rules and regulations.
Responsibilities include providing professional support and consistent, sound advice to all departments, offices and courts involving contractual services, consultants, equipment, supplies, construction, capital improvements and other applicable activities.
Friday’s article in the Eagle said Pugh submitted his resignation to the borough Aug. 19 after working two years as manager, and the resignation is effective Sept. 23. Pugh started in Slippery Rock in 2020 after working for 20 years in the criminal justice system for the county.
Commissioner Kevin Boozel said he signed off on the salary offer made to Pugh, but Holland should have had the opportunity to give his opinion. He declined to say specify the salary offer.
“I agree with Ben. The Salary Board should have the opportunity to weigh in. Ben’s right. I don’t know if this was given to him,” Boozel said.
Typically, the Salary Board approves new hires and other personnel moves at its meeting, and the commissioners ratify those actions at their meeting, which immediately follows the Salary Board meeting. The controller, Holland, and the three county commissioners comprise the Salary Board.
Boozel said multiple people applied for the position, and the commissioners interviewed two of the candidates.
The procurement director reports to the commissioners, and they should able to select the candidate they want for the job, he said.
The county’s hiring process works well, but a couple minor changes could be needed, he said.
“The solution to me is simple,” Boozel said.
Commissioners and the Salary Board should distribute information to Salary Board members using technology and wait for a response before moving forward; discuss employment and salaries in executive session before taking action; or have more Salary Board meetings, he said.
Leslie Osche, chairwoman of the commissioners, said the matter boils down to bad timing.
She said Holland was present to see the position grading and salary that was determined by the Human Resources Department.
The timing issue arose when the commissioners offered Pugh the job, and he informed Slippery Rock officials that he accepted, Osche said. He wanted to give the borough as much notice as possible to give time to hire someone to replace him, but everything took place before the Salary Board meeting, she said.
“I think this is a timing issue,” Osche said.
She said the commissioners followed the county hiring policy, and would have addressed Holland’s concerns if he had called.
She said the commissioners will state their case for the hiring and salary at the Sept. 7 meeting.
“This has not even gone to a vote yet,” Osche said.
Commissioner Kim Geyer said timing was an issue, and the fact that Pugh currently works for a public entity created anomalous situation.
“We advertised and approved the position, and job description and (salary) range at one meeting. It was known for months it would be posted. He obviously felt left out of the process, but he wasn’t,” Geyer said.
She said she is disappointed that Holland contacted the newspaper with his concerns and not the commissioners.
Eagle staff writer Molly Miller contributed to this article.
