According to the City's Home Rule Charter, "If the office of the City Controller becomes vacant for any reason, Council shall appoint an interim City Controller, of the same political party, who shall serve until the next Municipal Election." Unlike other offices, Council is under no obligation to act within 30 days. There also is no provision for seeking judicial relief if Council fails to act. So despite the use of the mandatory word "shall," the provision is actually precatory. Council may appoint a Controller, if it so chooses. But there is no remedy should it fail to act.
Must the office be filled by a Democrat? I say No. Though Mary Ellen Koval is certainly a Democrat, she resigned from an office she never held. She never took the oath and assumed office So I would argue there has been a vacancy since January 1, 2016, and since no one has held the office, it could be given to a person from any political party.
Should Steve Ramos get the job because he came in second? I've seen defeated candidates appointed to Council vacancies on the strength of the argument that they cared enough to run for the job. But I've seen more bounced on the argument that a majority of the voters has already rejected them.
The best candidate for this job is the person who held it for 24 years. He's someone who would have blown the whistle from the inside because he's certainly been raising red flags as a private citizen.
This person is Louis Hershman, whom you can see at just about every Council meeting.
He's not a former secretary to the mayor, but is an actual accountant whose practice includes thousands of local residents.
Though Hershman is nominally a Republican, I'd argue he should change parties if that makes him more acceptable to Council. That's his call, but I honestly think these offices should all be nonpartisan.
35 comments:
If this was Facebook, I would like this post
When is pawlowski resigning?
It's all about the money (paycheck). He'll go when forced. Not a second sooner. If he sees prison he'll emerge and win his seat back. The peeps love him. With prison time he'll have street cred in the eyes of the average low information voter who empathizes more with a criminal than an honest person.
Of course he hasn't been charged with a crime nor has he pled guilty. Yet.
Anyone, but Nerscham
Please Hershman is another one of Bernie's old mancrushes. A dinosaur. That is a big obsession with O'Hare. The guy is past due and we need new and vibrant people.
Also it must be the same party. Bernie still thinks he is an attorney and his legal opinion matters. It does not. His legal opinion is worth the same as the guy who sings on Hamilton Street.
If not Hershman then who else? he is one of those guys who really cares about allentown, why else would a 79 year old guy never miss a city council meeting....how many of you have been to a city council meeting in the past 5 years......
Hershman and the Iron lady are the only 2 who ever went toe to toe with Palowski....
he will get my vote in a special election...
Anon 4;17
New and vibrant got you Palowski.....when he sold out Afflerbach behind his back, the new guy from Chicago
Allentown needs maturity and experience to lead us through this difficult time..
Hershmann cares about the city. Has his name ever been associated with criminal activity? Ever?
Unfortunately it will never happen. The guy is just too honest for the current Allentown gang.
It will likely never happen bc he's too honest, but that is the reason I like this guy. That, and he cares. I get the ageism, the one kind of discrimination that is still permitted. Funny how those who scream about LGBT rights are the first to pan someone as too old. As for my opinion, it means no more or less than the opinion of anyone else. I don't practice law, but know how to read. It is very clear to me that Koval never held the position that is vacant. The position has been vacant from the onset and it necessarily follows that the party requirement is inapposite. As a practical matter, the successful candidate will be a Democrat, and I would urge Lou to change his party. His desire to serve should trump party preference.
Hershman would be a good choice because what Allentown needs more than anyone right now is someone with unassailable integrity who is not connected in any way to the Criminal enterprise that the present regime consists of. He knows how to do the job, and is still mentally capable of doing it. He has more intelligence than pretenders half his age.
But you are right that they won't do it. The Council Bobble Heads hold grudges, and they will want their own toady, if not one Pawlowski approves of.
"Though Hershman is nominally a Republican, I'd argue he should change parties if that makes him more acceptable to Council. posted by Bernie O'Hare
So change party so some of the criminals, on Council, feel better about his possible appointment? Come on BOH, you are smarter than that !
Yes, BOH, the democrats and their highly functional(sarc) city Council, have done such a fantastic job with Allentown over the last 30 plus years or so.
Once again, it comes down to protecting the party and not the tax payers or the integrity of the cities dysfunctional govt that has been owned and operated by one party. Keep voting in or assigning democrats because they have a great track record??? Really BOH ?
This idea is insane. Just like your spin about how the GOP owns the mess in the city bc they donated cash to the democrat politicians who made the rules.
You forgot to note the other donations that came in to these same politicians and city govt officials from democrat and their union buddies. Just ask you buddy McNeil about that !
Most on the current city council ,school board , and city govt, have been bought and paid for, in some way, by the current admin , that is currently under federal investigation and watching their top city govt officials being charged with some crimes that could lead to 20 years in prison.
Many on Council to this day, seem to be punting on the massive corruption and refusing to do what is right for the tax payers. City council has tools at their disposal to use, but they are punting , running out the clock ....I recall one lady on council who wants to use some of these tools, but she has no support from the exact same people you want Lou to please by changing parties.
But hey, lets protect the party.
The safest pick (for Council) would be a Democrat 'out of nowhere.' Qualified, yes, but someone who does not represent ANY earlier failures in judgment by Council itself.
Who wants to give the appearance of joint responsibility these days? Until, of course, it's forced upon them.
Fred Windish
Lou has too much integrity to be a part of this mess and bc of that the current council want nothing to do with him.
Our city needs to have the entire city govt cleaned out from head to toe, including council and school board.
Until then, it will be business as usual. Take a look at Councils response when questioned by the public about investigating the Pawlowski regime?
Go on line and watch the council meeting . It is unbelievable how the council president, vice president and those who are on record not only taking donations from the fed ed pac, and the unions but they also were able to get their kids a job in the city govt.
I could careless about political parties. If they are found to be corrupt, get them , charge them, try them and fry them. Penalties/ sentences, for public officials,should be more harsh, more serious, and so on. Maybe if these politicians would lose their pensions , benefits and healthcare, for themselves and their family, they might think twice about committing a crime against the People.
Louie could "hit the ground running," anyone else would have a huge learning and familiarization period. Council knows him, they will either do it or not.
Change hurts and a few on council definitely won't like "watchdog" back at city hall.
But if they are serious....
Ah, but they are not serious, will probably pick someone that future Mayor Jennifer Mann supports..
Jenn Mann for mayor and Schlossberg playing the role of Fleck.
Lou Hershman at bat:
He's honest ............................ strike 1
He cares deeply about Allentown ........ strike 2
He's a Republican ...................... strike 3
Next batter.
Couldn't agree more, Lou would be perfect - which is why he'll never get within 100yds of it.
The Banker
I know very litlle about very little, but I have tryed to read Allentown homroom home school charter¿!)$ In that particular piece of litriture counsil has the power to impeace chacter no.3 in one of there amendments¿!($ Now this is only from what I redd and understood with my limited comprehencain of things put to print¿!($ Like I have said before there are three seats still filled by coconsperitors as well as others that have fled the coup¿!($ Some for more desirable higher paying jobs that they were appointed too¿!($ We have all redd the news of ReNue the valley epicentralized to now try t perswead the honorable integrity laden Northampton co prosictor¿!($
There will be more to be redd at a later date to the circus infection propogated as a positive¿!($ I have sat in that infamous row of heklers of palumpas counsils courtjester¿!($ We all know the saying of when in rome do as the romans do¿!($ Mr Hershman like the ironlady are one of the few that has a sack intact after all this intolerable illbehaviors eggsibited by this very administration against the public as a whole¿!($
redd for Republican
patent pending
Lose the Obamaesque Art or lose my vote Lou.
Who gives a shit about you or your anonymous "vote." You don't make this call, not that anything you've done to date has helped anything.
Is Mr. Manslab available?
Hershman, from reading of my reading of Alletntown's history is just part of this mess. Find someone with talented and integrity if possible. He neverr makes sense.
Another old dinosaur trying to stay relevant. We have seen this all the time with Democrats in Northampton County. Time for these geezers to sit down on their rocking chairs.
Stuckineaston said :
Let's talk about Asteak defending scumbags and who pays his fees...see he has a new case here today.
Let's not. You are OT and Asteak is an excellent criminal defense attorney. He might even represent you.
"Hershman, from reading of my reading of Alletntown's history is just part of this mess. Find someone with talented and integrity if possible. He neverr makes sense."
He is talented, has integrity and your ability to read Allentown's history is suspect.
"Another old dinosaur trying to stay relevant."
This of course is prejudice. If Lou were gay and someone called him a queer, people would be up in arms. if he were Hisanic and someone called him a wetback, there's be an outrage. But it's still OK to discriminate against people based on their age.
Not a chance in hell.
Way too intelligent a choice.
Oh..we know who the "dinosaur" poster is...maybe a more apt illustration of prejudice would be bias towards someone with mental illness. Maybe that is an example "he"can relate to .
News flash. Rumor Lou has a team to help him .
From the corrupt administration that has
been in power , and those who were elected
With the fleck and Ed money ,on council .
And school board . Rest easy disstractors
Help is on the way .
A disbarred attorney, who cannot vote in Allentown, has the balls to get ask someone who can and does vote in Allentown what have they done?
Astonishing.
An anonymous coward continues one of the same tired arguments being made since I first strted blogging in 2006? Not so astonishing.
"A disbarred attorney, who cannot vote in Allentown, has the balls to get ask someone who can and does vote in Allentown what have they done"
As an Allentown citizen I applaud this blog's coverage of the political corruption in Allentown, its far better, objective journalism than our hometown paper, The Morning Call. The fact that the blogger doesn't vote in Allentown only gives him a greater appearance of objectivity when writing about our City. The Morning Call still hasn't addressed Rep Schlossberg's ghost vote. Thank goodness for the Patriot-News and Lehigh Valley Ramblings.
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