Sheriff Exercises A Broad Power Of Office

Sheriff George David has become the only Row Officer in Beaver County to exercise a broad power of elected office, granting him unilateral control over the employment status of those in his department, the Beaver Countian has learned.

Under the Section 1620 provision of Pennsylvania County Code, some courts have ruled that Row Officers have the power to fire employees in their offices at will, without a justifiable reason, even under collective bargaining agreements. But according to Beaver County Human Relations Director Rick Darbut, every Row Officer in Beaver County, with the exception of David, has voluntarily waived their powers under that provision — Agreeing to contracts with their labor unions which provide for specific due process employment rights.

In 2010, the newly formed Beaver County Deputy Sheriff’s Association was sued by Sheriff David, who was seeking to fire his cousin, Joey David, as a deputy in the department. After the lawsuit was filed, the union voluntarily signed a consent order on November 4th of that year, vacating Section 9.1 of their collective bargaining agreement. The section, titled “Employee Discipline”, stated “The Employer shall not suspend, discharge, or take any disciplinary action against an employee without just and reasonable cause.”

Sheriff’s Deputies were previously represented by the Service Employees International Union (SEIU), before reorganizing into their own independent local association.

The Sheriff’s Association is currently in the process of renegotiating their contract with the county, and under union president Deputy Mike Tibolet, the organization has consented to the inclusion of language stemming from Section 1620 into their agreement.

As a result, the “just and reasonable cause” clause will remain out — Even though it is one contained in every other labor union contract in the county, including contracts for each department run by an elected Row Officer.

“Under all of the other union contracts, you will find a just cause provision” said Darbut. “You must have a reason to terminate someone. This will give Sheriff David the ability to terminate employees in his office without cause [...] There will be no real recourse for anyone in his department that he may choose to terminate.”

It marks the first time Beaver County employees will be working without such job protections since the modern labor movement.

“In the past, all elected officials have always agreed to go ahead and waive their 1620 powers, and go along with the union contracts. They agreed to follow the just cause provisions” said Darbut. “So Sheriff David asserting this authority represents a much different stance.”

“There’s never been a specific paper that Row Officers have signed waiving their Section 1620 rights, but certainly all of our labor contracts contain just cause provisions and progressive discipline” said Al Smith — A Senior Representative at SEIU Local 668, which represents employees of other Beaver County Row Offices.

“For a collective bargaining agreement, normally the elected officials are smart enough to work with the unions on that issue” said Smith. “It’s something we like to see them all agree to each election year.”

In an interview with Sheriff David earlier this month, he told the Beaver Countian it was his duty as an elected official to retain his 1620 powers. “I’m the Sheriff of Beaver County, and this gives me the right to have the people work for me that I feel are needed in my office” he said.

In The Interest Of Full Disclosure: In April of 2012, this reporter provided a truthful statement to the Beaver Police and the Pennsylvania State Police, following an incident involving Beaver County Sheriff George David.

 

30 comments

  1. Fire the JACKASS.. he’s an insult to the people of BC

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  2. Pa …is an at will employee state..plus u have people talk about the blue wall..this way i feel he can take care of any problems…PLUS R U BEING OBJECTIVE W UR ?problem? w him

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    • This story is based on public records, including civil court dockets and union contracts — All quotes in this story are attributed by name.

      Anyone who questions my objectivity, is as always, invited to investigate the facts for themselves.

      I certainly have no intention of limiting my reporting, because of the actions of another.

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      • Whats the matter JP, you don’t want to OK my earlier comments? Remember JP, “the truth shall set you free.”

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      • Lincoln: All of the comments that you posted are live on the site.

        Just as an FYI to you and everyone else: I don’t moderate comments on the site per se. Users accounts have to be manually approved the first time they post remarks (which is what caused the delay in Lincoln’s case), but after that comments appear as they are posted unless something triggers our spam/abuse filters.

        It’s unfortunate even this limited process is necessary, but it allows us to effectively block some 2,000 spam posts a week, including ones that may contain links to viruses which could pose a risk to our readership.

        I think you’ll find I take the First Amendment extremely seriously, and am proud to offer this site as an unfettered forum for public discourse.

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  3. Jobs? Where? I don’t think so and fuck Common Wealth ! What a bunch of BULLSHIT!!!!!!!!!!!!!!!11

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  4. Sounds like another power move by Georgie! No wonder the sheriff’s office is made up Aliquippa residents.

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    • Wasn’t sure I was reading this correctly. Please, someone, clarify my comprehension of this. Are the employees of this sheriff’s office that dumb? What good then is this union they voted for themselves? Just to get rid of one person (a relative no less) they ‘shot themselves in the foot’ and are paying dues for this? I take it this relative WAS doing his job and the rest of the department didn’t ‘like’ him either? Now it’s ‘do as I say, not as I do’? For what purpose would someone vote to leave this clause out? (other than stupidity). No wonder, JP…no wonder.

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    • The Union representative couldn’t have possibly explained this properly to these employees. This is what a union is supposed to do and the employees vote on it but if this ‘clause’ is at the sole decision of the Sheriff, then couldn’t they ‘strike’ until someone else is put in….in the interim until Elections, and get rid of the Union Rep too?

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  5. 1. When is the next election for sheriff?
    2. What legal means are available to terminate him?

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  6. It seems to me that the Sheriff should have the right to decide who works for him and who doesnt. Sheriff David has always done a good job,. Do you really want to have a Union Contract take precedence over getting a bad cop off the streets in a timely manner. It seems to me that the Beaver Countian and that fool J D Prose have decided to crucify a good man for no good reason…..

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    • One pays union dues for protection, not this, sounds to me like they were trying to get rid of a ‘good’ cop and found no other way around it. If this cop (cuz David) wasn’t doing his job then by following proper procedures, he could’ve been termintated. Instead it sounds like everyone else is at the mercy of someone who, for whatever reason (maybe not ‘lying’ for the boss for example) could be terminated.

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    • I personally like Georgie, but if continuing controversy could promote disruption in the department and with the negative public perception, I don’t see how the people of the County can have any trust in this office now and Sheriff David should step down in the best interests of those he serves and make a selfless decision until these matters of public interest are reasonably explained.

      Here’s part of a ‘Union’ definition found online…

      ” Thus, provided cooperative relationships are maintained between management and labor unions, their work is generally beneficial to society, ensuring that workers are well-cared for and thus able to make their best contribution to society as a whole.”

      Are we now expecting these Deputies to ‘put their best foot forward’, what’s in it for them?

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  7. Tibolet = Union Rep + Tibolet = Incident Witness = ?

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  8. WRONG WRONG…. if anyone thinks 1620 was acted on to just remove JOE DAVID he was 100 percent in violation to be terminated with out having the just cause removed!

    As was the other deputy that was involved with the private security work detail at the MPI…. drinking on duty with a weapon are you kidding me….

    WHAT GEORGE DAVID AND his legal counsel MYRON SAINOVICH did was, sucker and manipulate with fear deputy union and paid certain votes to do so with STRIPES on the sleeves…. THAT IS HOW he works he loves titles thats why they lost there UNION rights and protection hand out some stripes and put new hires in a bind..

    RESULT no protection, but now its been made aware and the timeline and facts are lining up, the sheriff would lose any case against a deputy now through proven intimidation and official oppression!

    ??? is SHERIFF DAVID fully updated??? its obvious he has lost his act 120 status well he never had it actually he was grandfathered, and since hasnt done any updates through MOPECT.. ???? what about act2??? could he just be an elected figure head that dresses up like CAPT.CRUNCH with no arresting powers let alone investigating powers!

    You want to see 1620 reversed and contract signed.. site unfair oppression and have a walk out and the same few deputies that sold the rest of the unit down the road for stripes on the shoulders go tell the true story at brighton twp barracks… He would be out on his ass screaming IM THE SHERIFF, I KNOW CHUCKY BETTERS, MYRON IS GOING TO SUE>>>

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  9. Virtually every public official, er, servant (including George David) perjures and violates their oath of office soon after subscribing to it – if they had any intention of honoring it at all. Since “they all do it,” there’s no accountability. That oath is serious stuff and is what binds them to the office they’ve assumed. When a citizen (master) raises a grievance over one of these miscreants perjuring their oath, that person is ridiculed and vilified as a troublemaker who just doesn’t want to go along to get along. They may even be demonized in the press as believing that they are a “sovereign” or “sovereign citizen” over their servants. How dare they!

    If the press, even JP, would publish these allegations of misfeasance, malfeasance, and non-feasance against the likes of the Sheriff, D.A., Commissioners, Prothonotary, etc. instead of sweeping them under the political rug and ignoring the aggrieved, then maybe scofflaws like George David would be booted out before their arrogant acts of defiance, threats, and waving around guns become a problem and embarassment. The dimwit voters who can’t think for themselves but follow their political party puppeteers deserve the government they get. It’s too bad they have to drag the rest of us down with them.

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  10. kevindsingleton

    So, the Sheriff has thwarted the union’s authority to keep bad officers on the job while they are “performance managed” out? Those are the same rules under which my employer operates: I can be terminated at any time, without cause. I like what Sheriff David has done. The unions have, for far too long, intimidated and bullied their employers into agreeing to untenable contracts that leave the people of the county at risk.

    I have new respect for Sheriff David. We elected him to run the sheriff’s office, and that’s just what he’s doing. The rest of the “row officers” should take a cue from the sheriff, and wrest control of their departments from the unions, as well. We can no longer afford to operate the way we did in the last century. Adapt, or perish.

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  11. This little bitch , with a napoleon complex , should be in jail for his actions right now!! And as for the two officers who are lying to protect him ,shame on them! The truth will come out n they as well as George the racist David ,will b out of a job n career ! Oh how the self proclaimed king will fall ! John Paul is an honest man n great reporter , I respect u n believe in you n feel bad that you endured that all ! You acted as a true man through it all . Not a lying , power trip man like the sheriff!

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  12. It does not take a rocket scientist to figure out, that Mr. Paul is pulling off what Coach Chuck Noll used to call PRESTIDIGITATION……slight of hand, performing magic or conjuring up tricks. Hey John, this story is beat like a dead horse. Why did you wait this long to print a story that is almost two years old? Hmmm sounds like someone wants to take the focus off of someone (PRESTIDIGITATION) namely yourself. Don’t try to justify your absurd accusations. This is nothing new, if Mr. Paul would have ACTUALLY did the research he would have found that 1620 has been in place for many years. Somewhere along the line (past) this was waved by a Beaver County Sheriff, however it was never waved by the other 66 Sheriff’s. So all Sheriff David did was invoke what the other Sheriff’s in PA have and NEVER gave up. But what we have here, is nothing more than a slanted report by a guy who got a hand full of sour grapes. WOW, and I thought that this site was based on fair and UN BIASED reporting…….I guess I was wrong.

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    • I’ll say three things in response to this:

      1. The Sheriff’s Deputies were in arbitration over their contract this week, so I felt the topic to be extremely timely. I talked about 2010 as a way of providing background for what was happening today, which I believe made the article more rounded, not less.

      2. It is disingenuous to imply the 1620 powers were only ever given up by a prior Sheriff in Beaver County. It is simply factually inaccurate to say Beaver County is the only place this has been an issue. I’ve found several lawsuits from Sheriffs around the state fighting their unions over 1620 rights, including suits that talk specifically about other Sheriffs who may have voluntarily given up those rights.

      3. While I appreciate your statistic about the other 66 Sheriffs in the state, it is unattributed to any source — I have no way of knowing what each Sheriff’s Departments in the state may or may not have agreed to in their current union contracts. The only true way to know this as a fact, would be to do right-to-know requests for union contracts from every other county in Pennsylvania. That would be an enormous undertaking outside the scope of this article, which compares the current Beaver County Sheriff’s Union contract to previous versions, and to the other departments run by elected Row Officers in the County.

      Thanks for being a reader, and for expressing your point of view.

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      • Well then JP, if you are going to print a story then you need to LOOK at the BIG picture, not just the pieces that benefit your agenda. You opened the book you need to read the whole thing. Is that not what reporting is all about? Printing the WHOLE truth and not the partial truth. Stories are supposed to show everything, not just bits and pieces. Because when you show what I have found, it paints a more clear and precise picture of that book. We see it every single day, journalist only report or print one side. And then they sway the public and that is called being biased. Non biased is playing it down the middle and this story is so tilted, you might as well call this blog the Titanic.

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  13. When is the next election for sheriff?

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  14. Not soon enough!!!!

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  15. Lincoln Lee: I think the context of this change within the Sheriff’s past actions is what lends a question about the Sheriff’s motives. This action follows a series of behaviors by the Sheriff that have shed a negative light upon the Sheriff’s dept. I have to disagree about any evasive attempt by John Paul. He would have no material personal gain, and his BC has no need to be vindictive. The content is probably as objective as it can be, for followers of the Sheriff dept. debacle over the past months. Just an opinion.

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  16. I’m sure Lincoln lee is just another friend,or a person who was helped by this law breaking sheriff .friends stick up for friends even if they are right or wrong ,so I commend u defending your friend,I just hope when you realize what he is n who he really is ,you can separate yourself from him cleanly .unlike the officers that lied for him.

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  17. Makes sense to me. Except that prestidi… part.

    Wernher von Braun

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  18. Irregardless of motive it’s interesting that~ of all departments not to have ‘reasonable’ employment disciplinary procedures ~ when ANYTHING can be accused of happening, makes for serious question of ALL the Deputies. Why in the world would the majority agree to this part of the contract?
    Who’s buyin’ the donuts tomorrow?…. ’cause that’s gotta be what’s important for job security now.

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  19. For the record, the union agreements for all the County Departments are listed online and less than half are indicated as up-to-date. (Really….one expired 2008?)

    While I see more Deputies outside of the Courthouse walls for public scrutiny vs. the rest of County employees when on duty, Darbut should take a look see for himself, and maybe the powers of PRESTIDIGITATION can change the subject here too.

    http://www.beavercountypa.gov/union-agreements

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  20. Gwensdown: thanks for posting. The average person can’t change much, but the postings here help keep people honest, and help keep a finger on the pulse of the county. It would be interesting to know your background. I’m not going to follow this story for 4 more years until elections, but at that time I shall at least have an informed vote. From dullards to savants, better to know than to sit idly by and be manipulated. Keep up the good “work”.

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