Executive Lamont McClure has nominated two people to serve on Northampton County's embattled General Purpose Authority (GPA).
Paul Anthony, a Bethlehem resident and business manager at IBEW Local 375, has been nominated as a successor to Helene Whitaker, who served on the board for five years. Whitaker asked McClure to remove her from consideration. If conformed, Anthony will serve until 12/31/22.
Frank Pintabone, an Easton landscaper who served as President on Easton's often contentious school board, will fill the vacancy created by the sudden resignation of Neal Koplin and serve until the end of 2019.
GPA Solicitor John Lushis has huffed that the GPA, and only the GPA, can appoint someone to a mid-term vacancy. He relies on a provision in the Municipal Authorities Act under which the authority, and not the municipal governing body, "shall" name someone to the unexpired term.
So they shall. McClure wants them to name Pintabone. Although the imperative "shall" is used in the statute, that is usually construed as permissive and not mandatory unless a contrary intention is manifest. No such contrary intention is manifest. Under the Lushis interpretation, the entire board could resign mid-term, and no one would have the authority to appoint replacements. It's an absurd interpretation. In this case, the best resolution is that the GPA "shall" appoint the choice recommended by Norco Council.
I don't know whether Lushis copyrighted his legal advice.
The other five members of the GPA are Shawn Langen, Mike Dowd, Peg Ferraro, Mark Schiavone and Shawn Donahue.
Fearraro's term expires 12/31/20, but she may be there illegally. She was a member of the governing body that appointed her. Though the law may have changed,the courts at one time frowned on Council members appointing themselves to authorities. The state Supreme Court once said that "there is ‘a virtual unanimity of opinion’ among all reasonable men that it is against public policy for a public official to appoint himself to another public office within his gift ... ."
John Cusick has usually opposed the appointment of Council members and Executives to these boards.
Today's one-liner: "The shortest way to the distinguishing excellence of any writer is through his hostile critics." Richard LeGallienne
Local Government TV
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Wednesday, February 14, 2018
20 comments:
You own views are appreciated, especially if they differ from mine. But remember, commenting is a privilege, not a right. I will delete personal attacks or off-topic remarks at my discretion. Comments that play into the tribalism that has consumed this nation will be declined. So will comments alleging voter fraud unless backed up by concrete evidence. If you attack someone personally, I expect you to identify yourself. I will delete criticisms of my comment policy, vulgarities, cut-and-paste jobs from other sources and any suggestion of violence towards anyone. I will also delete sweeping generalizations about mainstream parties or ideologies, i.e. identity politics. My decisions on these matters are made on a case by case basis, and may be affected by my mood that day, my access to the blog at the time the comment was made or other information that isn’t readily apparent.
It is the only way you can get public scrutiny of these boards. Every board and Authority should have at least one elected official on them so at least one person is accountable. if the court doesn't like it let them step in and tell them to leave. I totally disagree with you and Cusick. You are against public eyes on these klan meetings.
ReplyDeleteThis is not my view. It at least was the view of the state Supreme Court, although I am aware of no recent case. I am unsure what I think. It permits a governing body to retain some control, but not if the council member fails to pay attention.
ReplyDeleteHow much did the IBEW contribute to the McClure campaign?
ReplyDeleteFrank Pintabone? This has to be a parody post.
ReplyDelete@ 9:46
ReplyDeleteI am also surprised at the consideration of Pintabone. He was a disaster on the Easton Area School Board!
HEY... Leave "pocketbook Peg" alone Bernie.. she is our Queen and can appoint, anoint bestow or anything else she wishes upon herself Mr. O'hare! She can declare herself the Pocketbook Princess of the Northampton County Taxpayers Pocketbook if she wishes.... You don't mess with her highness!
ReplyDeleteNeil Koplin also on airport board term is up there. Will he get new term? Anne Baum did not. Neil was on 2 boards at same time with Mike Dowd. Time to clean house. Council?
ReplyDelete"Fucking fire them all" Frank Pintabone...WOW!!! 9 different magisterial incidents since 2008 and 1 with an outstanding balance.
ReplyDeleteSo the Mclure wants to appoint Petty-bone to this board when he quit his elected office cause he did not have tie. the second time actually leaving... SICKO'S....
ReplyDeleteWhats up Mclure's butt? his brain? We have no decent people in the county that would serve? This is the best the Dem'S can do? Frank Petty-bone.... OMG this is just sad and sick...
Pintabone is Bernie's kind of guy. Ex-street fighter, troublemaker, uncouth narcissist. He deserves to be on the corrupt GPA board. Watch those pursestrings!
ReplyDeleteFrank is my kind of guy for sure. More importantly, he is McClure's kind of guy. Even more importantly, he is the people's kind of guy. He knows what it is like to struggle, to face tough times and yet to keep persevering. He did a great job on Easton's school board, though no one serves in a position like that without making enemies. It was a great training ground for the GPA. That will be less demanding on his time but still give him an opportunity to serve.
ReplyDeleteBut if he's not your kind of person, and you are bothered by the fact that he has had a few parking tickets, if that is even him, you should by all means appear at tonight's personnel meeting or tomorrow's council meeting to voice your concerns and call him names.
You won't do that bc you are a coward.
Even though Frank speaks English as a second language, he's eminently qualified for a McClure appointment. In fact, he's perfect. And the fact that a grand jury recommended he and his authoritarian cohorts resign is icing on the cake. Lamont is a tremendous judge of characters. I'm making popcorn. This administration is already a complete bumbling patronage riot.
ReplyDeleteLawbreakers and those who call for every fuckin teacher to resign, have no place to serve in public service.
ReplyDeleteAhhh now we know. Bc Pintabone stood up to weasels like Kevin Deely, who wanted to bankrupt the school district and blame Corbett, he's no good. I get it now.
ReplyDeleteAnonymous teacher saying fuck you asshole!
ReplyDeletePintabone is a sleeze. Low-life scum like you O'Hare.
ReplyDeleteMcClure is a joke. Brown was doing fine and did many good things. Sit back and watch the circus about to unfold. Perhaps you can perform BO? Don't forget all your buddy in Hanover Township the clown Finnegan with you.
ReplyDelete"Pintabone is a sleeze. Low-life scum like you O'Hare."
ReplyDeleteI see. No wonder I like him. When we grow up, we'd like to be anonymous cowards like you.
You are right. "When we grow up." Meaning you and Pintabonehead are still infants.
ReplyDeleteHere we go when lawyers open their mouths - regarding the meaning of Shall used in laws, regulations, or directives to express what is mandatory it shall be unlawful to carry firearms
ReplyDeleteSo now shall can mean you can carry a firearm