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Nazareth, Pa., United States

Thursday, April 16, 2020

NorCo: Should Council Extend Exec's Emergency Powers?

Northampton County Council is set up in the Home Rule Charter to be the most powerful branch of government. For one thing, it is described first, before the Executive or the courts. For another, the County's Constitution specifically states that this governing body possesses the "residual powers" of the County. Things have never worked out that way, primarily because the Executive is full-time and controls a rather large administration. Council, in contrast, is part-time and controls about three employees. Though it flexes its muscles from time to time, it has more often than not been been the third wheel on the bicycle of County government. Tonight, it is poised to vote on two measures that will make this body largely irrelevant. After seeing what the concentration of emergency power in the hands of our Governor has produced, it should think long and hard.

The first of these measures is a request to extend Executive Lamont McClure's emergency powers to deal with the Covid-19 crisis. His powers are currently set to expire on April 19, but McClure wants these powers extended until May 19.

Under these emergency powers, McClure can hire temporary workers and enter into contracts without following the usual cumbersome bidding requirements that ensure honesty, but take time. He also can redirect employees to where they are needed most without objections that might otherwise come from unions.

During the 30 days in which McClure has had emergency powers, he's made every effort to be as transparent as possible. On some days, I've received as many as five news releases concerning Covid-19. He's been up front about infections at the jail and at Gracedale instead of hiding details. He's actually gone above and beyond what the state Department of Health was initially doing when he began breaking down the ages, sex and races of coronavirus victims. His Human Services department has been collecting donations for the homeless, while his economic development office has started a zero interest loan pool for small businesses. His mapping department is not only graphing the daily tally, but offers a comparison to other counties. In fact, I can think of no LV municipality that has been as up front or as responsive as McClure's administration, with the possible exceptions of Bethlehem and Hanover Tp. McClure has done all this without being intrusive or acting like Big Brother. So I'd give him another 30 days.

The second matter Council is going to consider is a bit more troublesome. It's an "emergency" ordinance under which Council essentially abdicates its powers for the months of April, May and June. Instead of meeting twice a month, as required by the Home Rule Charter, they will only be meeting once a month. I suspect they will be remote meetings, too.

I realize these are part-time officials, but when they have broadened the powers of the Executive, they need to be even more vigilant against possible abuses. They can meet remotely, but should be doing so twice a month. For one thing, they should be pushing Governor Tom Wolf, as other counties have done, to make the June 2 primary a mail-in primary only. Ballots that go out should be franked to encourage voter turnout by mail. They should be doing more, not less.

12 comments:

Anonymous said...

So the McClueless/Dertinburgur gives you teaspoons of factual information and much BS and you are thrilled and lap it up. You are all for him having the power of an emperor but you piss on the council.

So what have they done but give your boy what he said he needs to protect people. What should they do? If they question him you will damn them and is they give him what he wants you will damn them. I guess they are just in Wolf territory.

Anonymous said...

I have no prior knowledge to comment on what additional powers each County can put into play. But, after reading Governor Wolf’s ADVANCE statement that he will veto his Legislature’s decision to participate in the Federal Guidelines to be announced (for the first time) today, pressure on every part of State Government is about to ratchet-up like never before.

When it becomes known which few states have rejected the Federal Guidance, Pennsylvania will open-up it’s prior actions to investigators across the nation. Wolf and, by association, government operatives from EVERY County will be examined to uncover how well they have kept their region prepared and ready to act.

For example, a demand will be made for the names of each business who did not get a State Waiver and why not. Next, Wolf will be forced to reveal EXACTLY how many ventilators (and tests) are now unused in each County. Also, what advance preparations have already been made to move all the required items around the State quickly. Including advance planning with the PA National Guard.

‘Answers, We Want Answers” we be a call coming from many places like never before. Well beyond the cozy confines of the Morning Call.

Hiding under one’s desk, behind another spokesperson, won’t work from today forward. As other States show signs of opening more business back up, Wolf, and every other elected Pennsylvania politician will be backed into corners they can’t escape.

Anonymous said...

I believe it was Lisa Boscola who was quoted explains why she voted NO. She said something to the effect “We just don’t have enough test kits to go along with loosening-up.”

Whether from Boscola, or any other politician, that answer is NOT ADEQUATE. Tell us how many unused kits are available in YOUR district. How many kits were used-up already? How many kits can be pulled-in from the adjacent districts. What specific steps have YOU, and our Governor taken already to procure more kits? Which specific patients get tested, and why not others? How many more days of testing can you handle before additional kits are needed immediately? Has the Governor been refused additional kits by any other State where there is a surplus? Name those states.

Anonymous said...

I like the idea of Lamont as a post apocalyptic warlord.

you know, like the Lord Humungus

Anonymous said...

NO to both!!!! McClure or any Executive should have more power than Council. Council should meet every other week in a year. They ran for the position. Do it or get out!

Anonymous said...

Fellow Pennsylvanians, in the UNLIKELY event President Trump does see a need to formally enact a National State of Emergency, or worse Martial Law, individual states CAN have restrictions placed on a state-by-state basis. Pennsylvania can find itself at a disadvantage, particularly in terms of interstate commerce. That is, goods going in and out of Pennsylvania.

Trump has repeatedly made it clear, he does NOT want to go that route. He’s putting this all on YOU, Governor Wolf. Best advice is to support a decreased level of restrictions, to provide some ’hope’ to your citizens. NO ONE is asking for a full, all out re-opening, just some demonstrable proof of getting a little closer to normal.

Bernie O'Hare said...

"So the McClueless/Dertinburgur gives you teaspoons of factual information and much BS and you are thrilled and lap it up. You are all for him having the power of an emperor but you piss on the council."

Actually, the information his admin has released has been released to the entire public, not just me. Those news releases are on the county website as well. I have not seen other municipalities make similar efforts, except for Bethlehem and Hanover Tp. Moreover, I like what the county has been doing to try to help people while Wolf has been doing his best to screw them. And the emergency powers he seeks are still quite limited, especially in comparison with what the Governor has done. So yes, I would agree to one 30-day extension.

It is precisely bc McClure has more power that I would argue there should be more, not less, oversight. I am not pissing on Council. They are part-time. But I often hear Heckman lament that Council needs to be more assertive. Well, you don't reach that goal by disappearing for three months. When more power is given to the exec branch, it necessarily follows that there should be more oversight.

Anonymous said...

Bullshit......Bullshit......bullshit
If Council doesn't want to do their jobs they should resign. The emergency powers given to the administration (County Executive) by the Home Rule Charter and Temporarily granted by actions of Council are sufficient. An Executive Order can be executed and notice of such order given to Council electronically if necessary. Meetings can be by "ZOOM NETWORKING" if the County's electronic network is inadequate. The Executive should do what he has to do during this Pandemic, notify the Unions of the reasoning for the decision, notify Council of his actions and as to why he is implementing an emergency action and be able to back up and substantiate his actions as rational and necessary during these troubling times. Council must meet two times a month or forfeit there office. This is mandated by the Home Rule Charter and there are no loopholes for Council to slither out of. The penalty for violation of the Home Rule Charter is very clear. Any officer or employee who knowingly and willfully violates any provisions of the Charter SHALL BE DISMISSED FROM HIS OFFICE OR EMPLOYMENT. Meet twice a month or pay the consequences. Meet via ZOOM or any other electronic means available...…...but meet.

Anonymous said...

It should be "NO" to both.

First off, if we're truly in a crisis, Council should be meeting more, not less. By all means live stream the meetings, but they should also be open to the public. Certain mediation measures can be taken (like limiting the number that can attend, having them sit apart from one another, etc.) but there should be a live public component to the meetings.

It's really not a big expectation, considering they're having county employees at Gracedale and the county jail continue to work in much closer proximity to others.

There should be discussions in those meetings about what is going on in every aspect of county government, and also what effect (economic, mental health-wise, etc.) the state measures to stop the spread of the virus is having on residents of the county.

So absolutely "NO" to one meeting a month.

It should also be a firm "NO" on extending emergency powers for another 30 days. Emergency powers should only be used by the Executive - and only tolerated by Council - for short durations when there is a need for quick action and Council is not able to meet.

In this case there is what could potentially be a long-term crisis. While Council might not WANT to meet, they are certainly ABLE to meet - AND SHOULD. Again, I think they should be meeting more than twice a month, not less.

I would suggest that Council direct the Executive to list and submit to Council any power/program he needs to continue. Council should debate whether those measures are needed and approve the ones it deems necessary, with a sunset provision that those programs END IF NOT RENEWED AT COUNCIL'S NEXT MEETING (which should continue to be every other week or sooner if they'd be meeting more often).

I also disagree that they should be pushing Wolf for a mail-in only primary. Voters can already request a mail-in ballot should they want one. Voters should have the option to vote in person. Doing otherwise sends the wrong message that one of our basic rights is somehow "non-essential" in the eyes of government. There is plenty of time to develop the necessary precautions to handle what will likely be a very light turnout at the polls. They will need that experience in order to know what works and what doesn't for the General and future elections.

If anything, Council should be pushing Wolf to communicate his plan to reopen more of the government; getting more businesses open; and how to responsibly lift the ban on attending religious services. Our Constitutional rights to assemble, worship freely, and many others are being trampled by the Governor right now. That's (temporarily) within his powers, but Council should be demanding that the Governor explains both the reasons for this, and the exact criteria that he will be using to lift those restrictions.

Council should remember it was only slightly over a month ago that schools were in session. A lot can change in a month, and there is no reason to abdicate its authority (by meeting less or granting the Executive blanket power) for any longer.

Quite honestly, I am DISGUSTED that in a time of need, they're considering doing less and not more.

Anonymous said...

The "know-nothing" Party members always have solutions. Thank God they only bellow form their anonymity and never show their faces and actually run for office. Arm chair generals.

Anonymous said...

Council does not need to do "more". You have described in great detail how McClure is being an effective leader. You destroyed your own argument.

Bernie O'Hare said...

I see. You can explain this next year when you seek re-election. Employees stay but you head for the hills. And why are all the committee hearings just canceled? You can still meet and are just looking for an excuse to stay away, this is the opposite of leadrship