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Nazareth, Pa., United States

Wednesday, March 13, 2013

How Far Can a DA Go?

A reader has sent me this opinion:

I'm not ready to pick a fight with Morganelli or Council's Solicitor so I will give you my unsolicited opinion here. If the DA is lawfully allowed (under the County Code or under Home Rule) to arbitrarily dole out wage increases or create new positions, you then eliminate any system of checks and balances given to the County by State Statutes. Think about this, The Controller is elected, the Magistrates are elected, the Judges are elected. Are you saying because they are elected that they have the authority to dole out pay raises? What a financial mess this will create. Could you see the Courts giving wage increases and creating jobs at their will and fancy? No system of checks and balances will result in Mayhem.

You are aware that Lauer [the Council Soliticor who agrees with the DA] must bargain with the DA on many of his criminal cases. What do you expect him to say to the DA? Stoffa must take this to court or Council is impotent when dealing with elected officials in the future.

How did the DA get the extra money in his budget to pay for these raises? That's easy enough, You simply don't spend money you allocate for something else and use it for pay raises. I don't think so. Stoffa must stand up to the DA and take this to court.

County Commissioners in most Counties are both legislature and administrators. In all Countys, the DA brings his budget before the Commissioners. No here is the DA allowed to dictate to the Commissioners. State Law (County Code) allows the Commissioners to be the check and balance on the DA.

Council should give a lot of leeway to the DA so as not to hamper his everyday operation however, Council cannot and must not give in to the DA because he simply wants raises for his people.

13 comments:

Anonymous said...

Just guessing, a suggestion: it's possible the DA gets the funds from seized drug money? I read something he sent out to the public via the US Postal Service in which he stated the mailing was paid for by funds seized from illegal drug sources.

bill scheidler said...

If PA is anything like WA then the DA is running the county not the commissioners. Think about "eminent domain", tax foreclosures, code enforcement... All of these situations require the DA. If the DA didn't play ball with the commissioners then the "grand design" each commissioner has and the 'taking for a government purpose' will never occur. This issue is just another symptom of our governments mutation into a socialist system.

Anonymous said...

Stoffa scfrewed up again. County cpouncil will probably give him another building.

Anonymous said...

Bergoglio! Francis I! Argentina!

And it's another office Morganelli didn't win. Womp womp womp womp wommmmmmp.

Anonymous said...

Who is the reader or did you make this up and said it was a reader?

Bernie O'Hare said...

I pretty much expressed my opinion below. It is pretty close to the opinion expressed here, but it is not my writing. For one thing, I seem unable to talk about this subject in less than ten paragraphs. But your attack on my honesty is noted.

Anonymous said...

I find it not a good political move on Morganelli's part to draw so much public attention to his people, their raises, their pay, and how his dept. operates, which is obviously so different from Corporate America that has budgets and checks and balances and less despotism.

Anonymous said...

Bernie, how much do Morganelli's people in question make and how much are the raises?

Anonymous said...

Any allegations that anyone in the DA's office is overpaid would be absolutely ridiculous. Further, the DA's office, or rather the criminal side of the courts, is the top income generator for the courthouse.

Over 60% of the Northampton County Courthouse budget comes from criminal fines and costs. From a corporate america standpoint it makes sense to give raises to your top income generators.

From an ethical point of view... not so much.

But regardless of the ethics of where the money comes from, the ADAs are underpaid.

Bernie O'Hare said...

"Bernie, how much do Morganelli's people in question make and how much are the raises?"

I knew that at budget time but have since forgotten. I was shocked at how low the base starting salary is.

Anonymous said...

Oh, so you will take a letter from an anon. and post it as a "story"...yet you will bash any anon that doesn't agree with you. Hypocrisy at its finest!!

Bernie O'Hare said...

i will happily publish a post anonymously that does not involve personal attacks. This email was full of good ideas and attacked nobody personally.

What I detest are people like you, who hide behind anonymity to spew venom.

Anonymous said...

You need a system of checks and balances. If the DA gives raises to his people without having to be accountable to anyone it is a "dictatorship". If he is accuntable it is good government. You decide which is right.