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Nazareth, Pa., United States

Tuesday, February 13, 2018

GPA Lawyer Copyrighted Work Done for NorCo

John Lushis is the attorney who represents Northampton County's General Purpose Authority (GPA). He's the guy who permitted that board to meet in the back room at their very first meeting this year, smack dab in front of County Executive Lamont McClure and Council President Ken Kraft. He actually had the temerity to defend this illegal action when I confronted him. He's the one who has been dragging his feet in responding to my right-to-know requests for his legal bills.

Guess what?

He's been copyrighting the agreements he's prepared for the GPA. According to the U.S. Copyright office, he's copyrighted six documents that he prepared, either as an agent of the GPA or as some sort of super secret stealth Solicitor to former Executive John Brown. These include a Public-Private Partnership Agreement (original and final), P3 Project Administration Agreement (original and final) and P3 License Agreement (original and final). These documents were all registered on 10/5/17 under the following copyright numbers: TX0008456750; TX0008456708; TX0008456702; TX0008456704; TX0008456707; and TX0008456700.

Instead of registering these documents with the GPA or Northampton County, who paid for them, Lushis has made these documents the property of the law firm Norris, McLaughlin and Marcus.

Another attorney who worked at that firm, Scott Allinson, is currently on trial in Allentown for political corruption. 

Lushis obviously intends to benefit financially from the work he did for Northampton County. This would be in addition to the money he was paid as a supposed public servant.

Under the law, work done by an officer or employee of the federal government, when done as part of that person's official duties, is considered to be in the public domain. Though it's possible for state and local government to seek copyrights, public policy prevents their application to "edicts of government." This includes judicial opinions, administrative rulings, legislative enactments, public ordinances and similar official legal documents that have the force of law. (Compendium 313.6(C)(2)).

It's questionable whether these documents are subject to copyright. But assuming that they are, the protected party should be Northampton County, not some law firm in Allentown.

I'm still waiting for the Lushis bills.Maybe they've been copyrighted, too.

Oh yeah, this story is copyrighted, so watch out! ©

19 comments:

Anonymous said...

WOW! This board has gone off the rai.ls. They seem to think they are ran unaccountable shadow government. It would be interesting to get a history on their origin and how this current situation came to be. In the meantime McClure and the county council need to corral this tribe of renegades.

Peter JCochran said...

Ingenious Bernie! Maybe he’ll turn this into a patent infringement somehow? Don’t assume anything .

Anonymous said...

When could McClure appoint new members?

Anonymous said...

This guy is a crook and should be prosecuted ASAP by Morganelli

Anonymous said...

How much do you think this guy got paid? He is hiding his bills from you behind his refusal to make public what he was paid under your RTK request. I'm willing to bet you are going to find a money honey hole probably in the hundreds of thousands range. There is no shame with this lawyer. go get em Bernie.
Where is Peg Ferraro on all this? Why isn't she speaking out? Doesn't she know right from wrong. Cmon Peg. Do your fricken job.

Anonymous said...

Thank you to the blogger for the good work!!! We need to keep people inform!!

Anonymous said...

The NMM Firm is really showing its true colors these days. Class acts.

BO, watch out for those Allen Canaries.....

Anonymous said...

Maybe this is why he doesn't want to provide you with RTK material. In cahoots with Brown, and the coverups are always the thing that does the people who think the law doesn't apply to them in. great work Bernie. really interesting.

Jeff Fox said...

"Lushis serves as solicitor for Northampton County General Purpose Authority, and co-solicitor for Lehigh County Industrial Development Authority, Northampton County New Jobs Corp, and Lehigh’s Economic Advancement Project. In his work as solicitor for the General Purpose Authority, he is one of the “architects” of the first-of-their-kind P3 projects in the United States with particular focus on innovative financing."

The above quote is taken from a press release entitled "John Lushis, a Co-Presenter at NACo Annual Conference & Exposition" which comes from the website of the law firm for which Mr. Lushis works, and can be found at https://www.nmmlaw.com/news/john-lushis-co-presenter-naco-annual-conference-exposition/. The wording would suggest the P3 work was done as solicitor for the GPA. In other words, on Norco’s dime. Are documents prepared for NorCo able to be personally copyrighted by Mr. Lushis? If not, and I assume they would not be, then there is a huge problem which exists and must be addressed. I hope the administration and council are both taking a good, long, hard, look at this situation. IMHO.

Anonymous said...

Thank you Bernie very entertaining!

george schaller said...

Bernie,
thanX and just think the Big Digg of the Lehighvalley is but in its infancy. Do a little digging on the sheet metal appropriations made to such fine establishments with ties to fed eds entrapinurial garnumbrial race?

Demselle said...

Bernie, slightly off topic - I've heard that there was a "private" personnel meeting last week in which two candidates for Controller were eliminated. I've heard the meeting wasn't advertised and no notes were taken. As you know, if this is a special meeting, it must be advertised and notice mailed within a specified amount of time.

The name of the anointed candidate will be discussed at the regularly advertised personnel meeting on Wed., Feb. 14, 2018. The other two names were never sent to council candidates not privy to the private meeting.

Happy Valentine's Day.

Bernie O'Hare said...

Your comment is not slightly, but completely off topic, and happens to be false. It's no secret that three candidates for controller applied, and Bucky Szulborski appears to have the most support. I have written a story on this subject already. You are trying to create a problem when none exists.

Anonymous said...

Bernie they should have allowed all to speak. This smacks of collusion. Who is in charge? This was handled really badly.

Anonymous said...
This comment has been removed by a blog administrator.
Peter J.Cochran said...

Jeff fox , I commend your post .you are awake., and obviously observing. I’ll be away from my desk to see my son return from places like the NK boarders .i hope your kid that is serving this country is well . Pete.

Bernie O'Hare said...

5:43, what smells badly is a person who anonymously snarks others about transparency, and who is dishonest about the facts.

Peter J.Cochran said...

I remember years ago the Hotel Easton deal. Henry DeAlbertto was involved with the hotel along with Easton Solicitor Herbert Geobei - spell check ,I don’t know - all public money here —-well Solictor Herbert failed to tell the City he was involved with Hotel Easton and they wanted him to collect bills for things like the water bill and taxes . They had condo around the beach someplace and they were all having a good time. They were living off the grant or the subsidy the City that had sent . What a mess in the end . Tax payer money ,so Herb got lost in DC and that was it for him around here . His partner in the office went her way as a judge . - And a good person . One of my relatives Clarence Darrow said “ The trouble with history is it repeats itself .” So , public’s corruption is among us ,I say this not condemning any person presently involved ,but this is why Bernie is personally going to change the dynamics on the game . I’d only wish he lose weight and live longer ,otherwise he will be in the hospital if he shall sevive his coronary.

Jeff Fox said...

Peter J.Cochran ...

Thanks. After serving at Osan AFB in South Korea, my son is now stationed at Ramstein AFB in Germany. His parents are breathing easier. He spent New Year's Day skiing in the Swiss Alps. He seems to be taking advantage of his time and enjoying exploring the EU. We don't worry as much any more.