Center County Commissioners failed to pass a motion yesterday that would have reclassified the job of Centre County District Attorney to a full-time position.
Commissioner Keith Bierly's motion died for lack of a second, Commissioner Vicki Baumbarger said yesterday.
Bierly was attempting to put into effect a proposal made on Oct. 13 by District Attorney Ray Gricar, Centre County Court judges and area law enforcement officers asking the county to make the district attorney a full-time employee. Under the proposal, the position would have become full-time in 1990 after a new district attorney is elected.
Gricar's job is currently classified as part-time.
Gricar said the motion failed because Baumbarger and commissioner John Saylor would not second it. He added that the job probably would remain a part-time position.
"I don't see any hope for (a reclassification) as long as Mr. Saylor and Mrs. Baumbarger are on the board," Gricar said. "You need two votes to pass it."
The Centre County Board of Commissioners consists of three voting officials.
Bierly and Saylor could not be reached for comment last night.
Bierly said last Friday, however, that law enforcement is a $50 million industry in Centre County, and the district attorney's office should be put in the "proper perspective as related to other (county) law enforcement offices."
Saylor has maintained Centre County neither needs a full-time district attorney, nor can afford the salary accompanied with the position.
A Pennsylvania state law passed in November 1987 requires that all counties pay part-time district attorneys half the salary of the county's common pleas judges, while full-time district attorneys receive $1,000 less than a county judge.
County judges currently make $80,000.
Gricar, who currently makes about $27,000 per year under the old legislation, was in the middle of his term in office when the new legislation was approved and is therefore ineligible for the raise, according to a Pennsylvania constitutional provision that bars elected officials from receiving a raise while in office.
"People are scared of the $79,000 salary," Bierly said last week.
Baumbarger said she favors the concept of a full-time district attorney, but does not like the fact that the salary is tied to the county judge's salary.
"I feel this (state) legislation in its present form is a real sham as far as the taxpayers go," Baumbarger said.
If the judges, whose salaries are funded by the state, receive a raise, the district attorney's salary automatically rises with them, she said.
Shealso said the definition of full-time versus part-time is misleading.
"The only difference between full-time and part-time is that if he is termed full-time he is not permitted to practice law on the side," Baumbarger said. "(The legislation) does not differentiate between part-time and full-time in the terms of hours."
Baumbarger said the laws allow the state to dictate how much the district attorney will be paid without stipulating the amount of hours to be worked.
"I wouldn't mind paying the salary, as long as he would work 40 hours a week," Baumbarger said.



