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Nazareth, Pa., United States

Tuesday, September 17, 2019

Will NorCo Council Nullify Probation Officer Payraise?

When NorCo Council last met, it decided by a 5-4 vote to make a two per cent probation officer payraise retroactive to the beginning of the year, like it was for all other nonunion workers. Executive Lamont McClure has honored Council's will, and probation officers are now receiving their retroactive pay. The four Council members who wanted to kill this payhike - Kevin Lott, Bill McGee, Lori Vargo-Heffner and Tara Zrinski - were livid. So there's been some speculation that they will try to kill the retroactive pay when Council meets again on Thursday night. This is because some of the Council members who voted to make the raise retroactive will be absent. Council President Ron Heckman and Council member John Cusick are expected to miss the meeting. Peg Ferraro, who also voted to make the raise retroactive, is in Florida.

Council will have a quorum of seven and possibly only six members. Lott, McGee, Heffner and Zrinski - the very Council members who voted against making the raise retroactive - will be the majority of a six or seven member board. Can they kill the retroactive raise?

Unlikely.

I doubt they will pull any stunts now that the payments have started.

More importantly, the Home Rule Charter makes it difficult. In most local governments, the majority of a quorum suffices to carry the day. Not so in Northampton County.

Section 601(a) of the Charter specifically provides, "The vote of a majority of the members shall be required for the adoption of an ordinance, resolution, or budget, unless otherwise provided by this Charter."  That means five members, known in this County as the Rule of Five. If only five members are present, all five must vote together.

The only exception to this rule is a motion, which only requires a majority of the quorum. But a pay plan requires action by resolution. Moreover, any attempt to change a resolution requires an act of equal dignity, which would be a resolution.

The only way Council can reverse the retroactive payraise is by convincing one of the Council members who voted Yes to change his mind and vote No. 

As I said, that seems unlikely.   

14 comments:

Anonymous said...

There has been some talk floating around about a plan to pas a motion to investigate the vote to rescind the original resolution. Apparently there is a claim that it was oden improperly. Once the motion is passed a full review would be initiated. There are four votes to pass the motion. The chair of the meeting will rule it is proper to do.

Anonymous said...

Well I can tell YOu if they reverse this ..they will be looking for probation officers...We all have other jobs lined up so go ahead and Fuck with us...!

Anonymous said...

525 Bye! There’s plenty of people that will fill those vacancies. After all you only need half a brain.

Anonymous said...

There are sore losers and then there are sore losers. I will continue to support good democratic candidates, I will not support any candidates who show vindictiveness in their votes. This isn't the first time a group of workers voted to decertify a union. Once the union is decertified the employees become career service employees subject to career service regulations. Nowhere in the career service does it say a class of workers may be discriminated against for any reason. They are entitled to be treated the same as all career service employees even though they work for the Judges. when is the President Judge going to step up and speak out for his employees? Time for him to defend his employees rights.

Anonymous said...

Rescind. They made their choice. Nobody's forcing them to stay in their jobs or in the party. Unity requires addition by subtraction. Bye.

Anonymous said...

I've heard from reliable sources that several of the POs used their retroactive money to buy plastic straws and disposable diapers. They're not making this easy for NorCo Dems.

Anonymous said...

off-topic... when is the upset sale

https://www.northamptoncounty.org/FISAFF/REVENUE/Pages/UpsetSale.aspx

Anonymous said...


Blogger Bernie O'Hare said...

You don't know what you are talking about, as usual. Watch the video. Chris Spadoni cited the specific provisions providing in the Charter that any council member at any time can move to amend a resolution. That is our County Constitution, and it trumps Roberts's Rules, which were never adopted by Council anyway.

This is permissible under Robert's Rules as well. Dietz was not a part of the minority favoring a retroactive hike bc he was not there. He was the equivalent of a NO vote bc the County Constitution requires five votes of the total Council to do anything. Under Robert's rules, Dietz had every right to ask for a re-vote at the very next meeting.


I doubt that a vote to reconsider will take place, but if a challenge to reverse again happens it would be because Dietz, who raised the motion to approve, was not part of the majority who originally denied. He was not a "no" vote, because he was not present. He is not recorded as making any vote at all. A technicality that would not end up changing anything if they vote for a third time, but Dietz should not have been the councilperson making the motion to approve the retroactive raise at the second meeting.

Bernie O'Hare said...

Actually, he was part of the majority that voted No. His absence made him a NO vote. Thus he had every right to ask for a revote or, pursuant to the HRC, propose a new resolution.

Bernie O'Hare said...

9:17, will find out date and post

MT said...

Vote all the vindictive council members out when their term expires. Her action on Council does not make the grade to be elected to the Pa Legislature for Zrinski.

Bernie O'Hare said...

9:17, Upset tax sale is 9/24 at 2 pm. CAVEAT EMPTORE.

Anonymous said...

The two union bosses are there for the unions only. They had the balls to actually tell the solicitor he was wrong about the law. Zirinski is there trying to get herself into higher office so she has a real job. She is just about herself. Hefner wants to be president of council so bad, Heckman should check his tires. She has been heard lobbying to run it. Are any of them there for the county? They all have agendas that are about themselves and have no idea what the hell the county even does.

Zirinksi admitted she had no idea what the county did until she decided to run to get her name out. Some people have said if the Republicans that lost ran again, they would win over these posers.

Anonymous said...

Hefner will do what she is told to do. There is a union boss pulling the strings.