In response to a yearlong dispute over hiring practices at Westmoreland County Community College, the solicitor for the board of trustees Wednesday recommended members make no changes and continue operating under the Pennsylvania Code and Community College Act of 1963.
In April, county commissioners voted to strip the hiring power of college President Steven Ender and give the college's board the final say on hiring. Democratic commissioners Tom Balya and Tom Ceraso have said they want the 15-member board of trustees to vote in public on all hirings.
However, the commissioners later voted to delay the action until they receive a ruling from the Middle States Commission on Higher Education about whether such a change could jeopardize the college's accreditation. The loss of accreditation would mean the college could no longer grant degrees and eligible students could not obtain financial aid.
In May, county commissioners voted to appoint four new members to the college's board of trustees, including two county employees, Larry Larese, planning director, and Tim Andrews, assistant county solicitor. The other two appointments were Anthony Vigilante, a New Kensington-Arnold School District solicitor, and Kathy Burkley, a former member of Greensburg City Council and the Greensburg Salem School Board. Burkley is the wife of Ken Burkley, the county's former party chairman and solicitor for the Municipal Authority of Westmoreland County.
Prior to Larese's appointment, his wife, Betsy, was turned down for a job as head librarian at the college. Her failure to be hired sparked the ensuing controversy over hiring practices.
Last night, Solicitor Al Gaudio said no law can supersede the Community College Act.
"There are no surprises. My opinion is we operate under the system we've used for 38 years. Some of this opinion is based on the Community College Act and is passed by the Pennsylvania Department of Education under the Pennsylvania Code, not the school code. Community colleges are governed by various laws, including the Community College Act. Nothing will trump the enabling legislation," he said.
Gaudio noted that no board action on his opinion was necessary last night.
Mike Hricik, president of WCCC's professional association, asked if the language in Gaudio's opinion could be reviewed.
"Our concern is collective bargaining. We would have questions. We want to know if there are any changes," he said.
Gaudio said his opinion was generated because of the controversy. "It's my interpretation of the law," he said.
After the meeting, Hricik said the association simply wanted to be aware of the scope of the board's power if it expands. "Each party has a role, and so does the faculty. There should be a system of checks and balances," he said.
Chairman Gene Ciafre said the board just received the opinion and would need time "to digest it."
In other business, the board adopted the final 2008-09 budget with revenues of $33,195,131 and expenditures of $33,116,725, which includes a $3-per-credit tuition increase. The rate will now be $76 for in-county residents, $152 for out-of-county residents and $228 for out-of-state residents. This is the 10th consecutive year the college has raised tuition.
