2017-02-09

A new Luzerne County Controller’s Office audit called for more oversight of magisterial district judge office leases, citing the expiration of seven out of 16 agreements for rented office space and at least two cases of incorrect rental payments made by the county.

County Controller Michelle Bednar said she initiated the audit after a municipality that leases magisterial space to the county contacted her to report it was receiving the wrong amount.

“I found out nobody seems to have control over this,” Bednar said Wednesday.

Councilman Rick Williams brought up the audit during Tuesday’s council meeting, saying he and his colleagues have received memos from county Manager C. David Pedri and court Administrator Michael Shucosky presenting different views on who is responsible for monitoring and negotiating the leases.

Pedri told the council he and the courts are “definitely in agreement” the courts are in charge of leases, although the council must approve these agreements.

Williams sought reassurance audit deficiencies will be addressed.

Pedri said he will discuss the matter with court officials and convey the audit suggestion to update all leases. However, he said it will be up to court officials to decide if they want to present lease renewals or changes to the council. Some of the expired leases are still honored on a month-to-month basis and charge low rent, he said.

Shucosky, who was not at Tuesday’s meeting, said Wednesday the prior county commissioners and later the county administration under the home rule structure have historically taken the lead deciding when new magisterial leases would be sought.

Court officials are willing to take ownership and update all leases if that’s the wish of council members, but he cautioned they may face rental increases that are out of the court’s control as a result, Shucosky said.

The monthly amounts the county must pay for magisterial offices as of Dec. 31, according to the controller’s office: combined offices of Richard Cronauer and Thomas Malloy, Wilkes-Barre, $7,079; Joseph Zola, Hazleton, $5,223; Alexandra Kokura Kravitz, Pittston, $1,000; Diane Malast (filling in for Paul J. Roberts, who retired), Kingston, $1,000; Joseph Carmody, West Pittston, $875; Joseph Halesey, Hanover Township, $2,760; John Hasay, Shickshinny, $2,121; Donald Whittaker, Nanticoke, $1,500; Daniel O’Donnell, Sugarloaf Township, $1,914; James Dixon, Hazle Township, $3,500; Ronald Swank, Wright Township, $1,500; Michael Dotzel, Wilkes-Barre Township, $2,268; and James Tupper, Kingston Township, $2,342.

The monthly rent was $1,390 for the office of Joseph Spagnuolo in Plains Township but will increase to $1,800 after a move to the Plains Volunteer Ambulance Association building slated for this month, the office said.

The county has no rental payment for the office of David Barilla Jr. because it was moved to county-owned property at the Wyoming Valley Airport in Forty Fort last fall.

The controller’s audit found found leases had expired for the spaces occupied by Zola, Malast (formerly Roberts), Carmody, Whittaker, O’Donnell, Swank and Dotzel. The offices of four — Malast, Carmody, Whittaker and Swank — are housed in municipal buildings, officials said.

The audit found the county paid Shickshinny $2,268 in July instead of the required $1,500 for municipal building rental space occupied by Hasay.

The county had been underpaying Kingston Township $113 per month for Tupper’s office space in the township municipal building, the audit said.

Both errors have been addressed, the audit said. The audit recommends a yearly review of all leases and rent payments to ensure they are in order.


Bednar

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Bednar

By Jennifer Learn-Andes

jandes@timesleader.com

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.

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