Post by WaTcHeR on Mar 7, 2006 11:39:42 GMT -5
03/07/2006 - Allegheny County Chief Deputy Sheriff Dennis Skosnik resigned yesterday on the eve of his scheduled guilty plea in federal court.
Sheriff Pete DeFazio accepted the 29-year veteran's resignation and through a written statement said he would have no further comment.
Mr. Skosnik is scheduled to appear before Senior U.S. District Judge Alan N. Bloch at 1 p.m. today. He is charged with 12 counts, including bribery, money laundering, mail and wire fraud and tampering with a witness.
Sheriff's deputies become eligible for retirement at age 55. But whether Mr. Skosnik, 54, will collect a pension depends upon what charges he pleads guilty to.
Under Pennsylvania's Public Employee Pension Forfeiture Act, being convicted of certain state crimes related to public office results in a loss of pension. The act specifies the violations -- all related to public corruption -- and also says it applies to convictions for federal crimes that are "substantially the same."
In one recent instance, former sheriff's Capt. Frank Schiralli, indicted as part of the same investigation as Mr. Skosnik, was convicted in federal court of making a false declaration to a grand jury.
Though that charge seems similar to the enumerated state offense of perjury, a 1999 Commonwealth Court decision held that it is not, and therefore a federal conviction for making false declarations does not result in a loss of pension.
Mr. Schiralli overcame another hurdle to save his pension.
Typically, sheriff's deputies are not eligible for retirement until age 55. But in Mr. Schiralli's case, he was able to qualify for his full pension two years early, claiming that he lost his job through no fault of his own.
When that happens, said pension board solicitor Bruce D. Campbell, an employee with more than 20 years' service is eligible for full benefits.
In Mr. Schiralli's case, Sheriff DeFazio sent a letter to the county pension board the day of the conviction announcing that his office had eliminated the captain's position. Therefore, Mr. Schiralli lost the job through no fault of his own and was eligible for his full pension, Sheriff DeFazio said.
At the time, the sheriff said that the job cut was part of a larger office restructuring to reduce the number of management positions.
Mr. Campbell believed that eliminating the position was a pretext for the sheriff to get around the rules and help Mr. Schiralli keep his pension, said Ira Weiss, an attorney who served as the hearing officer in Mr. Schiralli's case.
Mr. Campbell issued an order refusing the pension, which Mr. Schiralli appealed to the seven-member county Retirement Board.
That panel, which includes the county chief executive, controller and treasurer, held a hearing.
"The evidence before the board was that his position was eliminated, and several positions had been eliminated over a number of months," Mr. Weiss said. "If there was evidence to show the job elimination was a pretext, they had an obligation to bring it forward, and they didn't."
Under county pension rules, the retiree collects 50 percent of the average monthly pay during the highest two of the last four years, plus additional money for each year of service over 20, Mr. Campbell said.
Mr. Schiralli, who was paid a $70,000 salary at the time of his conviction, was sentenced to serve 26 months in prison in December.
The Pension Forfeiture Act, passed in 1978, was designed to penalize public employees who violate community trust.
"Most of the crimes set forth in the act were deemed, at the time, to be corruption-related," Mr. Campbell said.
That's why heinous crimes like rape and murder aren't included, but things like bribery, forgery and tampering with records are.
In Mr. Campbell's 12 years on the pension board, about a dozen cases involving public employees who have been criminally prosecuted have come to his attention. Of those, only two forfeited their pensions.
The Allegheny County pension fund currently covers about 10,000 employees and retirees, Mr. Campbell said.
"Eventually, when these guys are meeting with prosecutors, they're keeping this in mind," Mr. Campbell said. "The prosecution wants to make sure there's justice, and sometimes it's easier to get justice if the crook gets his pension."
U.S. Attorney Mary Beth Buchanan said that never comes into play in her decision-making.
"We do not plea bargain or make charging decisions to impact the state's pension program," she said.
Sheriff Pete DeFazio accepted the 29-year veteran's resignation and through a written statement said he would have no further comment.
Mr. Skosnik is scheduled to appear before Senior U.S. District Judge Alan N. Bloch at 1 p.m. today. He is charged with 12 counts, including bribery, money laundering, mail and wire fraud and tampering with a witness.
Sheriff's deputies become eligible for retirement at age 55. But whether Mr. Skosnik, 54, will collect a pension depends upon what charges he pleads guilty to.
Under Pennsylvania's Public Employee Pension Forfeiture Act, being convicted of certain state crimes related to public office results in a loss of pension. The act specifies the violations -- all related to public corruption -- and also says it applies to convictions for federal crimes that are "substantially the same."
In one recent instance, former sheriff's Capt. Frank Schiralli, indicted as part of the same investigation as Mr. Skosnik, was convicted in federal court of making a false declaration to a grand jury.
Though that charge seems similar to the enumerated state offense of perjury, a 1999 Commonwealth Court decision held that it is not, and therefore a federal conviction for making false declarations does not result in a loss of pension.
Mr. Schiralli overcame another hurdle to save his pension.
Typically, sheriff's deputies are not eligible for retirement until age 55. But in Mr. Schiralli's case, he was able to qualify for his full pension two years early, claiming that he lost his job through no fault of his own.
When that happens, said pension board solicitor Bruce D. Campbell, an employee with more than 20 years' service is eligible for full benefits.
In Mr. Schiralli's case, Sheriff DeFazio sent a letter to the county pension board the day of the conviction announcing that his office had eliminated the captain's position. Therefore, Mr. Schiralli lost the job through no fault of his own and was eligible for his full pension, Sheriff DeFazio said.
At the time, the sheriff said that the job cut was part of a larger office restructuring to reduce the number of management positions.
Mr. Campbell believed that eliminating the position was a pretext for the sheriff to get around the rules and help Mr. Schiralli keep his pension, said Ira Weiss, an attorney who served as the hearing officer in Mr. Schiralli's case.
Mr. Campbell issued an order refusing the pension, which Mr. Schiralli appealed to the seven-member county Retirement Board.
That panel, which includes the county chief executive, controller and treasurer, held a hearing.
"The evidence before the board was that his position was eliminated, and several positions had been eliminated over a number of months," Mr. Weiss said. "If there was evidence to show the job elimination was a pretext, they had an obligation to bring it forward, and they didn't."
Under county pension rules, the retiree collects 50 percent of the average monthly pay during the highest two of the last four years, plus additional money for each year of service over 20, Mr. Campbell said.
Mr. Schiralli, who was paid a $70,000 salary at the time of his conviction, was sentenced to serve 26 months in prison in December.
The Pension Forfeiture Act, passed in 1978, was designed to penalize public employees who violate community trust.
"Most of the crimes set forth in the act were deemed, at the time, to be corruption-related," Mr. Campbell said.
That's why heinous crimes like rape and murder aren't included, but things like bribery, forgery and tampering with records are.
In Mr. Campbell's 12 years on the pension board, about a dozen cases involving public employees who have been criminally prosecuted have come to his attention. Of those, only two forfeited their pensions.
The Allegheny County pension fund currently covers about 10,000 employees and retirees, Mr. Campbell said.
"Eventually, when these guys are meeting with prosecutors, they're keeping this in mind," Mr. Campbell said. "The prosecution wants to make sure there's justice, and sometimes it's easier to get justice if the crook gets his pension."
U.S. Attorney Mary Beth Buchanan said that never comes into play in her decision-making.
"We do not plea bargain or make charging decisions to impact the state's pension program," she said.