Morganelli Withdraws Mandamus Action Against Stoffa

As reported in The Express Times and Morning Call, Northampton County District Attorney John Morganelli last week filed a mandamus action (you can read it here) against Northampton County Executive John Stoffa. Morganelli wanted a judicial determination, once and for all, that he and he alone decides what goes on within his office. But on Monday, he withdrew his suit, at least for now because it appears that his specific concerns about four hard-working assistants are being addressed. But he still insists, and with a great deal of law to back him up, that he is entitled to more control over the workings of his office than he gets. So this mandamus action might be re-filed down the road unless Lamont McClure's Legal and Judicial Committee, which has not met in over three years, starts reviewing the Home Rule Charter. According to Morganelli, it might be flawed. After reviewing the cases he provided to me, I think he's right.

What led up to this little turf war? Morganelli's desire to improve the pay for four of his hard-working assistant prosecutors. Without question, they deserve it, and I'd agree that's really his call. Specifically, he'd like to increase the salaries of two Assistant District Attorneys II. He also wanted to promote two Assistant District Attorneys I to Assistant District Attorney II.

In Morganelli's well-pleaded Complaint, he asserts that he is creating no new additional positions, and is acting within the budget approved by Council last year. But according to Stoffa, he really is creating a new position. Only seven (7) ADA II positions are authorized in the budget. One of those became vacant on March 1, 2013, when Connie Nelson left for greener pastures. Morganelli wanted to replace her with two Assistant DAs at that level. So although Stoffa agrees that the staffing numbers will remain the same, the DA is actually creating an 8th ADA II position. He has told Morganelli that this new position needs Council's approval.

Realizing that John Stoffa's concern is well-placed, Morganelli has decided to withdraw his suit and just promote one assistant from ADA I to ADA II, and give the rest of them raises. Morganelli agrees that Council sets the budget and must approve new positions. Although he does not really think this is a new position, he has withdrawn his suit because this matter can be resolved without litigation.

But Morganelli believes quite strongly that the Office of District Attorney, a creature of the state constitution, must have complete independence. He believes that neither collective bargaining agreements nor career service regulations are binding on him, just as they are not binding on the courts. moreover, he arges that the Human Resources Director is not just the Executive's HR Director, but serves as the HR Director of every independently elected office as well.

Much of Morganelli's thinking is completely contrary to the Home Rule Charter, but his thinking is backed up by written opinions from the state supreme and commonwealth court. This whole situation cries out for review by McClure's long dormant Legal and Judicial Committee.

I'll have more to say about this tomorrow.