Lehigh County's eight commissioners will publicly interview five applicants for one vacancy on Wednesday, 7 PM, at the government center's meeting room. This vacancy exists because of Kurt Derr's sudden resignation as District Three's representative. The five applicants include Nancy Wilt, a legislative aide to state senator Lisa Boscola; Life Church administrator David S. Jones; Freddy Lutz, an engineering firm office manager and Catasauqua's planning chair; Kevin Easterling, a manager in Allentown's Bureau of Parks and Recreation; and Dennis Pearson, a substitute teacher and civic activist for Allentown's east side. Of these five, only Easterling actually ran for county commissioner in the last election. Jones ran for Allentown city council, but never made it past the primary.The following are some questions about each of the candidates.
1. Will Allentown's Home Rule Charter force Easterling to give up his city job?
In my last post on this topic, I questioned whether Allentown's Home Rule Charter, which prohibits department heads from holding "compensated elective public office," would apply to Easterling. Kevin has since informed me that he is no department head. Thus, he could still keep his day job.
2. Can Lehigh County Commissioners legally appoint either Wilt or Easterling when both of them already have paid government jobs?
Lehigh County's Home Rule Charter prohibits county commissioners from holding "any other political office or political employment for compensation." Does this rule out Easterling (city worker) or Wilt (state senator staff)? Thanks to a commenter named Catharine, we know that "political office"and "political employment" is defined and limited to "any elective or appointive position in any political party." Thus, Easterling and Wilt could retain their day jobs.
3. Should Easterling, Wilt and Pearson resign their positions as Democratic committeemen?
All three are members of the Lehigh County Democratic Committee. They do hold an "elective or appointed position" in the local party. Bill Leiner, Jr, an elected commissioner, also appears on the party rolls. In fact, so does county exec Don Cunningham. Since Lehigh's Home Rule Charter clearly applies to "any" party position, all candidates should agree to resign their committee positions as a condition of appointment. And if Cunningham or Leiner are still members of their local party committee, isn't that also a violation of the Home Rule Charter?
4. Is Freddy Lutz a "real" Democrat?
Kurt Derr, the Lehigh County Commissioner who has resigned, is a Democrat. He must be replaced by a fellow Democrat. Freddy Lutz was registered independent, and switched to Democrat last Tuesday. So he is technically qualified, but will his appointment exalt form over substance? Will he really be a Democrat, as was his predecessor?
Freddy was kind enough to answer those questions. "I had registered as an Independent a number of years ago simply because I never considered myself a hard-line member of either principal political party. However, throughout the years I have found myself voting primarily in a manner consistent with many Democratic viewpoints, and intend on making this change formal not only for this potential appointment, but also so that I may voice my opinion in the upcoming primary election." (You can read Freddy's complete response here).
Freddy's explanation sounds plausible enough to me, but will it persuade Democratic commissioners? I doubt Republican commissioners will be anxious to appoint someone considered a faux Democrat by the Dems on Lehigh's board. So Freddy should lobby the Dems.
5. Which candidates can hit the road running?
This is an important consideration to Lehigh County's board. I've been told there's a learning curve. Obviously, those who actually sit in on a few meetings would be more qualified than applicants who demonstrate no interest at all.
Dennis Pearson, by that criterion, is actually the most qualified, even though he's the candidate I cruelly lambasted with a juvenile hatchet attack. He regularly attends meetings in both Lehigh County and the city. According to fellow blogger and misanthrope Michael Molovinsky, "I have seen Dennis save the taxpayers' money numerous times by finding errors in budgets and ordinance language. His longterm devotion to detail and the concern he has shown for his neighborhood's welfare are qualities seldom seen in our officials."
Candidates Freddy Lutz and David S. Jones joined Pearson at the last commissioners' meeting, sitting in the peanut gallery. Each briefly introduced himself as well.
Easterling and Wilt failed to appear. In addition, during last year's commissioner race, Easterling failed to attend budget hearings, even though he was a candidate.
Commissioners notice that sort of thing.
6. Which candidates are most accessible to the public?
I sent emails to each of the five applicants seeking this position. Easterling, Pearson and Lutz responded promptly, answering questions and concerns. Wilt and Jones provided no answers.
When I saw Jones at the commissioners' meeting, I asked him why he had failed to respond. "I get several hundred emails every day. My secretary did not bring your email to my attention yet. But don't worry, you're in the queue."
I'm still waiting.
7. Is Lifechurch applicant David Jones trying to drum up business for Buddy Christ?
Jones, "executive administrator" at Life Church, may be just a tad too busy there to be concerned about any secular sheep. Frankly, I'm concerned about the evangelical nature of his church. One of its five goals is "to fulfill the mission and vision of Lifechurch by proclaiming the Gospel and extending God's love to transform the lives of the unchurched."
Where does this stop? My experience is that it never stops. Evangelicals seize every opportunity they can to win new converts. I saw it last week, when Jones told blogger Michael Molovinsky that "sons of Abraham" are welcome at his new church. Molovinsky actually went, and still is rolling around on the floor, singing "Praise be Mayor Ed" or something.8. Is Easterling Abusing his City Job for Personal Profit?
That's what fellow blogger Chris Casey says. According to Chris, "Easterling's job is a sham, he sits in his office maintaining his personal online business (Mnet) and blog entities all day. I said give me some proof, so they did."
This is a serious accusation, and I have no evidence it is true. In fact, what little evidence I do have contradicts Chris' assertion. I still have emails I received from Kevin (10/25 and 11/2) when he was running for county commissioner. Those emails come from IP 10.250.0.101. I've also received an email from Kevin's Mnet account. That IP is 96.247.144.212. Kevin's LVBN account is registered to IP 64.202.189.170.
Allentown's IP extends from 76.12.61.136 to 76.12.61.143. Nothing I've ever received from Kevin comes from an Allentown IP.
If you look at Easterling's Lehigh Valley Black News Network blog, Casey's claim makes even less sense. Kevin's blogs are posted on weekends or during the early morning hours, before the workday even starts. His blog carries no advertising, either. Thus, the claim that Kevin sits in his city office all day, maintaining his blog, is necessarily false.
I am unable to substantiate Chris' other claims. Where's the beef?
Do I think Kevin makes some personal use of the city's computer? Probably. I think most of us do that. Chances are, you're doing it right now. Does that mean you can't do your job? Of course not.
Update: LVPoliblog, source of the ethical complaints about Kevin Easterling, has removed its post - at least temporarily - while its legal advisor sorts things out.
Poof!
Update #2: Dean Browning, who serves on Lehigh County's Board of Commissioners with fellow Republicans Andy Roman and Glenn Eckhart, has asked me to point out that they, too, are local committeemen from the Republican party. Lehigh County has interpreted its Home Rule Charter in such a way that committeemen who receive no compensation may serve.
23 comments:
Cunningham and Leiner's local party postions are without compensation and therefore do not violate the Home Rule Charter.
Anon 11:11,
"Political office" or "political employment" is defined by the HRC to include "any elective or appointive position in any political party." Compensation, therefore is irrelevant.
But it may be an unenforceable provision of the HRC. In NC, the county council solicitor has ruled that a council member may not be consititutionally prohibited from simultaneously serving on a borough council. Perhaps a similar ruling exists in LC.
Once again I get to poke at Bernies brain. I keep seeing "for compensation" mentioned. How is volunteering your time not allowed under HRC?
Also you point out a precedence has been established, within NC government.
The link you provide in your post reads "(b) During his or her term of office, an elected officer shall not hold any other County office or County employment for compensation, any other elective public office, any other political office or political employment for compensation."
I read that as saying if the political office or employment is without compensation, then it is okay.
Section 1.2-204> does
provide that "an elected officer shall not hold any other County office or County employment for compensation, any other elective public office, any other political office or political employment for compensation."
So far, so good, right?
But here's the kicker. Section 1.10-1009 defines "Political office" or "political employment" as any elective or appointive position in any political party.
Thus, under the HRC's own definition, the term "political office" is used without copnsideration to whether there is or is not compensation.
So I believe that being a committeeman and sitting on the board is a violation of the HRC. But it is probably an unenforceable violation. Most lawyers who have researched this have determined a HRC cannot prevent a person from holding two different offices, even if there is compensation. The Pa. Constitution sets forth what offices are incompatible and it is argued this HRC provision is unconstitutional.
Ok, thanks for your info.
I believe the definition defines one part of the equazion, the job. So if you add job with compensation, then you meet limiting conditions.
I've been hearing different explanations. I wanted to hear another. Thank you.
This is a weak field. You may like Kevin Easterling, but there's a reason he finished second last. And as you point out, he did not appear before the commissioners and skipped budget hearings. Jones is just another snake oil salesman who could not win a primary in Allentown. I'm tired of legislative aides like Wilt who use their bosses to get them these jobs. Pearson is just bizarre.
There is no real good choice, and commissioners are going to have to look outside.
Bernie, you know damn well those times on a post can be manipulated by changing the time zone. That's not to say he did or didn't do it. What you really want is to out the source, who would probably be immediately terminated. Here's a question you can ask certain candidates: "Did you ever send out emails concerning your campaign while at work, and did any of your co-workers complain that you might be violating the law? Try that one on and see what you get. I hope Casey checks his email soon.
Anon 3:55,
You are correct. You can manipulate the times and dates that posts are published on a blog. I will often publish at 11 PM and set the time to midnight. But I'm fairly confident when I state KE did not do that. I check out his blog regularly, and never see anything posted during regular business hours.
As for your other point, I did talk to Easterling today. He termed these charges "ridiculous."
In Chris' blog, there's no allegation that Easterling was using his city office to campaign. Instead, the charge was that the lvbn.com site was being used improperly. But I nevertheless asked Easterling, and he specifically denied using his city computer to campaign, run his web site business or post blogs. He told me there are policies in place against that sort of thing and he would be fired on the spot if it were determined he violated them.
If Easterling did any of these things, he deserves to be popped. But what Chris posted failed to establish that in any way. I believe Chris - a very good-natured person - was being played by people who have a vendetta against Easterling, Pawlowski or both.
You suggest just now that one of Easterling's co-workers complained about this, but you don't name this person or yourself. That's OK, but anonymous information like this is unworthy of belief. You claim Casey now has an email with all the goods. That's bullshit, too. You can claim he's a serial murderer, too, but you have not produced a shred of evidence.
If you claim Easterling failed to appear at commissioner meetings, that's fair. But let's stick to what we can prove on the record.
anon 3:26 wrote "There is no real good choice, and commissioners are going to have to look outside."
the commissioners should be bound to the established guidelines, and which under each of the five candidates submitted their applications.
Anon 3:26 & MM, If LC Commrs follow their own guidelines and can't find five votes for one of them, I think they can and should be permiteed to do something else.
But in defense of these five applicants, I probably set impossibly high standards for them.
As I understand the process, the selection will have to be made from the 5 that applied.
Thank you for the clarification, Dean. I don't envy you or your fellow commissioners.
I believe Kevin cannot be in an elected position because of the federal Hatch Act. This was what was used against someone a few years ago who ran for Mayor. My understanding was others with the same job had run before him but for some reason the MC checked with the Feds on him and he had to withdraw.
I was told if you are responsible for any federal money as an administrator or manager you are ineligible to hold a political office. If in his job he is responsible for or directs federal dollars as a pass through or in any way my guess would be he is ineligible.
Anon 5:39,
I think you're probably referring to Ron Heckman's mayoral campaign at the time that he directed Human Services in NC. Ron had to withdraw. The Hatch Act applies to executive branch local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency. "It has long been established that an officer or employee of a state or local agency is subject to the Hatch Act if, as a normal and foreseeable incident of his principal position or job, he performs duties in connection with an activity financed in whole or in part by federal funds."
If Easterling performs duties in connection with activities financed by federal dollars, he may not be a candidate in a partisan election. This selection is not an election but an appointment, and it is limited to Dems. Therefore, the Hatch Act is probably inapplicable now even if KE is otherwise covered. But if he is, he cannot run for office w/o losing his city job.
I honestly don't know whether the Hatch Act applies, but it's a good point.
Bernie,
Come on! We have agreed on so much, till now.
There is no difference between holding an elective office and being appointed to an elective office.
The Hatch Act would apply. Look at intent. The intent is that if you are handling/benefiting from fed money, you can't be in a position to influence policy as a legislative official. How you get there is irrelevent.
That is our problem. Too many lawyers playing word games instead of applying common sense interpretations to the intent of statutes.
Joe Hilliard,
You'll have to pardon me. Even though I am an ex-lawyer, I have no common sense. But I do not believe it is a Hatch Act violation to apply for appointment to a vacancy that can be selected only from members of one political party. In fact, it would not be a violation for Easterling to run for such an office. It would not be considered a "partisan" election, and that's a requirement.
But it makes little sense to seek appointment to a vacancy if you can't seek the position in an election.
"But it makes little sense to seek appointment to a vacancy if you can't seek the position in an election."
I kind of disagree, but do see your point. It may be the intent of the people seeking appointment to fulfill their civic duty by completing the term and then simply moving on. Nothing wrong with that. They can really only commit to the rest of the term any way. The rest the voters determine.
"Come on! We have agreed on so much, till now."
Careful Bernie, you don't want people to think that you really are independant-minded. If you start disagreeing with the GOP activists everybody is going to be mad at you. I'm guessing you don't mind, which is good.
I watched Joe Hilliard speak in support of the death penalty last night. Needless to say, Joe and I have quite a few disagreements. But we both agree that government must be accessible and transparent.
"But it makes little sense to seek appointment to a vacancy if you can't seek the position in an election."
This just happened here in Hellertown. A candidate ran for two positions, and won both. So the losing candidate in one race was appointed. I'm guessing the logic was, if the other candidate didn't run, he would have run anyway. I don't understand the logic, but it happens here, twice now.
It will be up to the Commissioners to decide among the five. What makes Pearson bizare in your estimate? How do you know that Pearson won't emerge as a person of strength on the Board or does that disqualify him as an appointee? Mr. Pearson's strengh is that he believes in himself yet at the same time he does not take himself too seriously. Mr. Pearson has an unique sense of humor and welcomes the opinions of all.
Pearson is deeply aware that he is a mortal surviving a close scare in the waters off of Hawaii and a plane incident in which an airplane on which he was riding had an engine blow up and it caught fire on take off near Los Angeles within a week.
Interestingly enough, during this time he was arranging a big meeting on the water and sewer and odor problem facing Allentown at the time. He was willing to give the Allentown Community of Neighborhood Organization another chance to put this all together. However, when he got home he came to realize that members of the CNO were in league with the Daddona Aministration at the time and canceled the meeting. Pearson in league with Harry Forker respnded in the following manner. On a day when the odor of the Sewerage Treatment Plant was plenty strong in Downtown Allentown, The South Side and the East Side, Pearson had the courage to remind the Joe Daddona Administration about its campaign promise; and duly offered the sleeping equipment for a nights stay at the island.
Many Allentonians know that in the midst of a campaign for Mayor, the Late Emma Tropiana pulled off a stunt to sleep nearby the Island. But the fact is, Dennis Pearson did whatever he did even before Emma thought of the idea.
The voicer may think that bizare behavior but it is something that had to be done.
Pearson is not a weak candidate. For Pearson the appointment will not be certain until it is made and he is the choice of the majority of the Commissioners.
Bernie, The right thing to do is allow all Americans, whether elected or not, to participate in the political party of their choice whether it is paid or not paid. Ronald Reagan was allowed to collect his pension from the State of California while US President. If it is good for "Dutch", it should be good for all.
Mr. Leiner,
Thanks you for your own insight in this matter. I suppose your common sense viewpoint probably sums it up best. Home Rules Charters often impose restrictions on elected officials that have been interpreted to be unconstitutional. Keep up the good work on the best legislative body in the LV.
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