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Monday, March 18, 2013

Spengler: DA Circumventing Council's Authority

Dan Spengler after Stoffa's appointment
The Empire has stuck back. In a detailed pleading called an "Answer and New Matter", Northampton County Solicitor Dan Spengler has rejected DA John Morganelli's contention that he has the power to promote and set salaries in his own office, so long as there's money for it in his budget. Instead, Spengler maintains that Morganelli is actually circumventing the independent power of County Council to set salaries and create new positions. Morganelli is bound by the Home Rule Charter, says Spengler, which creates a system for raises to ensure professionalism.

Spengler also denies that Council Solicitor Phil Lauer (Northampton County has both a County and Council Solicitor representing two branches of government) stipulated that Morganelli is correct. He adds that neither Stoffa not Human Resources could implement the DA's payroll requests without violating the Budget Ordinance as well as the Home Rule Charter.

Council Solicitor Phil Lauer is staying out of this so far.

It is unclear when this lovers' quarrel will be resolved by the Court of First Guess. But since Morganelli is seeking a mandamus and a peremptory judgment, I suspect the men (and women) in black will be hearing it soon.

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12 comments:

  1. AnonymousMarch 18, 2013 at 6:31 AM

    Why does Stoffa care. He is a Lame Duck? Giving a few bucks in salaries does not even justify the agregious waste of taxpayer money fighting this stuff. The DA is overwhelmed. It is clear by their underwhelming performances. Move on.

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  2. AnonymousMarch 18, 2013 at 10:42 AM

    Morganelli is wrong on this issue and common sense will prevail. No one has the power or authority to increase wages except the County Commissioners (under the County Code) and the County Council under the Home Rule Option. Not even the Judges may increase salaries. Can you imagine the chaos if the courts and all elected offcials were able to increase wages for their staff. It borders on lunacy.

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  3. AnonymousMarch 18, 2013 at 11:59 AM

    Stoffa couldn't park a car in an empty parking lot. What a maroon.

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  4. AnonymousMarch 18, 2013 at 4:56 PM

    I can't believe that you have only three responses to this article on your BLOG. The DA is "bullying" the County to give his people pay raises. That is wrong, wrong, wrong. The DA now shows his true colors. He is a bully. If I can't have it my way, I'll take my ball and bat and go home. Bully Bully Bully. He is wrong and he knows it.

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  5. AnonymousMarch 18, 2013 at 5:05 PM

    what is a "maroon"?
    A escaped slave?
    A misspelling of moron?

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  6. AnonymousMarch 18, 2013 at 5:53 PM

    The DA must work within the budget givn to him by the council.
    The Exec can recommend, and does recommend a budget to the council but ultimately the council makes the decision. If the DA wants to adjust, add or eliminate staff salaries the time to do that is at the budget sessions. And COUNCIL will decide. The Exec is 100% correct. DA John is wasting county taxpayers' money.

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  7. AnonymousMarch 18, 2013 at 8:11 PM

    The DA is overstepping his bonds and I will remember that when it comes time to vote for him again

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  8. AnonymousMarch 18, 2013 at 8:24 PM

    I would like to know the salaries of the individuals now, and what they will be when promoted. Especially compared to others within the county.

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  9. AnonymousMarch 18, 2013 at 11:55 PM

    anon 5:05, you are a "maroon". You are indeed a maroon, Harpo!

    ReplyDelete
  10. AnonymousMarch 19, 2013 at 7:40 PM

    I think Morganelli deserves to wear the Henry VIII outfit more than Palowski now.

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  11. Bernie O'HareMarch 19, 2013 at 7:44 PM

    Morganelli is right to defend the independence of his office. Stoffa is right to defend the HRC. May the better arguments prevail.

    ReplyDelete
  12. AnonymousMarch 20, 2013 at 2:38 PM

    Stoffa only defends Stoffa's ego.

    ReplyDelete

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