About Me

My photo
Nazareth, Pa., United States

Thursday, July 10, 2014

Do The Courts Concur in Sheriff Pick?

I received the news release you see below while on my way to do Alan Jennings' radio show yesterday. I was able to get it out to you while waiting at red lights, although I waited at one of them a bit too long and got blasted by a few horns before I realized it. Sorry.

I'll spend today and this weekend researching these cabinet picks, and weigh in on Monday.

Right now, my biggest questions is whether the Courts concur with the pick of David Dalrymple, a recently retired new Jersey State Major as a Sheriff.  Under the Administrative Code, the Executive is required to consult with the courts before making an appointment. He must send his top three picks for their review,after which the President Judge ranks them.  

Since the Sheriff must have a close working relationship with the courts, I frankly feel their preferences must be given great weight. It is unclear to me whether Major Dalrymple is their first choice. I also wonder whether a New Jersey State Trooper would need time to transition into the differences between the Garden State and Pennsylvania.

19 comments:

Anonymous said...

I am waiting for your update of either "the court approved" or "the court declined to comment"

Bernie O'Hare said...

You will get it, one way or the other, as soon as I know.

Anonymous said...

Hokie Joe says......
The County Executive does not have to adhere to the "Administrative Code" on this appointment. The Administrative Code and County Council are in violation of the Home Rule Charter by trying to usurp the Authority granted to the Executive under the Home Rule Charter. Their insertion of a regulation into the Administrative Code, trying to control an appointment solely granted to the Executive under the Charter is laughable and ludicrous. Here is the law.
Home Rule Charter
Section 1205. Definitions
Unless otherwise provided, as used in this charter----
(1) "agency" shall mean any department, service, bureau, office, division, or other administrative unit under the direction and supervision of the County Executive, and authority, board, or commission of the County and their staffs......
The Home rule Charter States...
Section 904. Direction and Supervision of Agencies.
Each agency shall be under the direction and supervision of the County Executive
Section 906. Heads of Agencies under the County Executive
(a) appointment. The County Executive shall have the power to appoint the head of any agency immediately under his direction and supervision who is a member of the exempt service subject to confirmation by the County Council.
The sheriff is the head of an agency under the direction of the County Executive. Are you trying to tell me that Council has the authority to change the Home Rule Charter? This is like telling the courts (through enacting an ordnance in the administrative code) that they have to submit the name of the Court Administrator" to the Executive for approval. Laughable indeed.
There are two separate bodies here. One is the Courts and the other the Administration. Can you name one County that elects a Sheriff pending approval of the Courts. Lunacy prevails on that decision.
The Administrative code section that mandates such an idiotic law will be overturned by appealing to any higher Court. this is not only abusrd it borders on lunacy.

Bernie O'Hare said...

The Admin Code actually conflicts with the Charter on this point. The Charter does trump the Admin Code. But as a practical matter, shouldn't the courts should be consulted on decisions like these? They rely heavily on the Sheriff. I agree the law would be overturned if challenged.

Anonymous said...

"I also wonder whether a New Jersey State Trooper would need time to transition into the differences between the Garden State and Pennsylvania."

After looking at his bio, I am sure he would be a quick study. It appears he received his BA from Rutgers and his MA from Seton Hall. He brings high credentials, I'll give him that. I just wish JB was just a little quicker in his picks. The Governor just sign HB1772 into law (Act 114 of 2014) two days ago. Now the Major will have to go through PA Sheriff basic training.

Anonymous said...

The section of the Administrative Code you refer to has "Jim Onembo" written all over it. He (through Wayne Grube) attempted to make the appointment a Court appointment. Onembo was a control freak. Grube was a lackey for the Courts. The Council wanted to take control away from the Executive. Look at when this so called law was enacted. Brown should not give up control to the Courts and should not feel obligated to have the Courts be part of the selection process. He may want to let them know confidentially who is pick is but only as a courtesy, not a mandate. The Sheriff is Browns appointment. Onembo is gone. The section of the Administrative Code dealing with this appointment should be repealed.

Anonymous said...

@712

very close to the truth

Anonymous said...

The sheriff is Brown's pick? Oy vey! Because he's been so wonderful at picking thus far. The position should be elected as to take the puppetering out of the equation.

Anonymous said...

Well first thing he better be a quick study when it comes to our guns laws and freedoms. This isn't the people's republic of NJ, here in PA if you pass a background you MUST get a permit to carry a concealed firearm. Also none of this firearms purchase ID card crap.

Bernie O'Hare said...

Mezzacrazy, Stop posting here and then claiming that I stalkk you. You have yoiur own bvlog. Post your rants there.

Peter J.Cochran said...

OLD PETER SAY's This man is good and has seen s@#t we have not here fortunately.I I say Mr. Dalrymple is more than we need and has been vetted in his own occupation to lead . The Sheriff needs to lead, and lead by example he will.Public corruption was his bag. He might have a good time here. The Sheriff IS the Chief Law Officer by Law in his bailiwick. He will be an excellent choice as he will be a great administrator also.

Bernie O'Hare said...

Peter, I will post more details on Monday. I have his resume and he is highly qualified, I believe the court is impressed, too. The deputies seem happy with the choice, and no, he won't need training.

Peter J.Cochran said...

Well, Bernie, Although I Don't go to Trenton any longer, because I have been away from the N.J.State Rifle Team for years, I do get to Sea Girt ,N.J. you get to know things there. AND Schwarzkopf in in puttees in the foyer of one of the training buildings their. I live SeaGirt ,went to OCS their .This man is solid .

Peter J.Cochran said...

When i posted recently and was ostracised by an anonymous poster about Sheriff her positioning a marksmanship team --LET IT BE KNOWN that was well before any law enforcement agency could shoot one hole groups at 100 yards. See, If you don't know Wally Hart ,Hart Rifle barrel Co, Nescopeck ,Pa.Made of Stainless Steel and milled differently than convention barrel s and epoxy inlayed bedded stocks with Unertl Scopes made also here in Pa. you were were behind the curve in the mid 60's- The Military started to pick up on high end rifle accuracy in the 80's the law enforcement including FBI in the 90's The Sheriff her Mr. Stocker knew his selectees were seasoned shooters that could hit humans out to 800 yrds then with no collateral damages ,during the riots.Anon who ever you are, don't know nothing.

Anonymous said...

I agree that the Major is an excellent choice and should continue to keep the sheriff's department a professional organization. However, I must disagree with a statement that you made Bernie in regards to not needing any training.
The PA Deputy Sheriff's are covered under Act 2, although the PA may except the Major's police background and credentials he will still need to be qualified with nis weapon by department standards, he will also need to attend county adopted Use of Force training, CPR and First Aid, along with any other Northampton County specific needs. This training is mandatory for all members of the department and must be done in order to keep the Sheriff's Department accreditation.

Bernie O'Hare said...

He has all that training, I am told, and there is reciprocity between NJ and PA. Also, he may be grandfathered under the law in any event. So I believe you are mistaken. But if you are right, he'll have to go back to school.

Anonymous said...

Former Sheriff Miller was never Act 2 certified, and he only met department standards with his firearms after several undocumented "practice" attempts

Anonymous said...

Mezzacappa will lose her gun permit within six months. She will lose the right to carry sooner. How did you recruit this new sheriff Bernie? Good job either way. Gregory will have a new playmate in jail within months. Standby....Mezzy is a coming to join the other Gregory nut jobs.

Anonymous said...

Agree with anon 10:03!! Really hope this fellow understands the PA rules when it comes to LTCF permits. Otherwise, Brownie will have 50,000 plus law abdiding citizens knocking at his door anc Council's door. NJ gun laws and mindset in enforcing those laws have no business in PA.