On Friday, Northampton County advised news outlets that Controller Richard "Bucky" Szulborski had passed away. I have no information on funeral arrangements and will pass that along as soon as I get it. It almost seems disrespectful to discuss Bucky's successor, but he must be replaced quickly. A Controller has to sign off on multiple financial documents.
The procedure for filling a vacancy in elected office is set forth in the Home Rule Charter. Thus, the vacancy has existed since Friday.
Under the Charter, "A vacancy in the office of an elected official shall occur upon his death ... ." Szulborski was an appointed, not elected, official. But he was appointed to fill "a vacancy in the office of an elected official." Thus, it makes no difference that he himself is unelected. The vacancy is in the office, not the person.
How is the vacancy filled? Here's what the Charter provides:
(1) "If a vacancy in the office of an elected official occurs during the last two (2) years of the term of office, the County Council within thirty (30) days after the occurrence shall appoint an individual to fill the vacancy by resolution. If the County Council fails to appoint an individual to fill the vacancy within thirty (30) days after the occurrence of the vacancy, the Court, upon the petition of any member of the County Council or any five (5) registered voters of the County, shall appoint an individual to fill the vacancy within fifteen (15) days after the filing of the petition. The individual appointed to fill the vacancy shall take office immediately upon appointment and shall serve the unexpired term of office of the elected official."
(2) "If a vacancy in the office of an elected official occurs during the first two (2) years of the term of office, an individual shall be appointed in accordance with the preceding paragraph of this subsection to serve only until the certification of the results of the next election to be held in the County no sooner than sixty (60) days after the occurrence of the vacancy. At this election the registered voters of the County shall elect an individual to fill the vacancy. The individual elected to fill the vacancy shall take office immediately upon the certification of the results of the election and shall serve the unexpired term of office of the elected official."
Since the vacancy in the office of Controller occurred in the last two years of the term of office, Paragraph (1) applies. First, it provides that County Council (not the Executive) makes the appointment. Second, it must be done within 30 days of the occurrence of the vacancy. Third, if Council fails to act within that time, any Council member or any five registered voters can request the court to make the appointment. Fourth, if the Court makes the appointment, it must do so within 15 days of the request. Fifth, County Council must act by resolution.
Under the Charter, a resolution can be introduced by a single member of County Council. No second is needed. See Sec. 604(b). It must be introduced in written form, with a copy provided to each member. See Sec. 604. It must be supported by a majority of the Council members, not the majority of a quorum,. See Sec. 601. In other words, if only five members are at a meeting, they must all support the resolution for it to pass.
Who should Council appoint?
At this time, two Council members - John Cusick and Tara Zrinski - are running for Controller. It would be unwise for Council to appoint either candidate. Politically, it would ignite a firestorm among supporters of the rejected candidate. It would also create a vacancy on County Council, which would be bad government.
Are there nonpolitical choices? I'd say yes, if they are willing to serve. After nearly 42 years with the county, lead auditor Paul Albert recently retired. He's be ideal. The county's retired budget administrator, Doran Hamann, is another excellent choice. Finally, there's former Controller John T Schimmel. He's a Republican, but was apolitical.
Updated 12:50 pm. Bucky Szulborski's obituary is listed at Cantelmi Funeral Home. He was 74 and is survived by his brother, sister-in-law, a nephew and two nieces. His services will be private.
I’d be hesitant if I were Albert, Hamann, Schimmel or anyone else.
ReplyDeleteThe office has killed the last two people who served.
Call me superstitious, but bad things happen in threes.
Rather than Council rubberstamping McClures handpicked person to fill the vacancy, council should let the courts fill the position.
ReplyDelete"Rather than Council rubberstamping McClures handpicked person to fill the vacancy, council should let the courts fill the position."
ReplyDeleteThis is a County Council decision. I just quoted the Charter. It has the power. The Executive has no say. What you propose is ridiculous. You're so concerned about the Exec that you want Council to delegate its authority to the courts, the most political group of them all. I can't believe the outright stupidity of this suggestion. The courts should be there as a last resort, but Council should be able to do this. Hopefully, they read the Charter.
It is really unfortunate that tis process runs so quickly to filling the vacancy. It doesn't allow for Council to recruit qualified individuals who are truly interested to fill the unexpired term. If I were on Council I would invite those interested in the position to a meeting, let them make a presentation to Council on their qualifications, and have Council vote on filling the vacancy. This isn't being disrespectful to Mr. Szulborski. Unfortunately the Charter doesn't allow more time for the process. You are right Bernie, Cusick and Tara should not be appointed. That opens a whole new can of worms.
ReplyDelete7:43, I hate having to talk about this so quickly following Bucky's passing. I came up with three names and have no idea whether any of them would even be interested. Another possibility would be former Clerk Frank Flisser, who was nonpartisan. I think he'd laugh at me. There could be an internal hire, but the Council would have to agree to allow the appointee to return to his or her career service role, and the person appointed would have to receive at least the same salary he or she now receives. I doubt many qualified people would be interested in a six-month appointment.
ReplyDeleteWhat about Vic Mazziotti?
ReplyDeleteI believe he was a Republican who served in a Democrat administration.
I know it’s an independent office, but I mention it only to show he could work with people from both parties.
BernieOHare re Vic: he is an excellent choice but the Controller must be a county resident.
ReplyDeleteDon’t they usually get a year to move into the county?
DeleteBernieOHare to 8:44, no. See sec 103 of the Charter.
DeleteMazziotti is a maga nut job. He is the last person to be considered. He was one of Stoffa's henchmen.
ReplyDeleteVic was a lousy financial director and would be a nightmare as the controller. The Dems should bite the bullet and appoint Tara the Controller. That would guarantee her win as Controller and guarantee McClure complete unaccountability for the next four years
ReplyDeleteTotally serious about my suggestion but I doubt he would want the headache: Ron Angle. He would be very fiscally responsible.
ReplyDeleteBernieOHare to all: I accidentally deleted a comment suggesting that the Ds should appoint Zrinski. That will never happen. First, Republicans are now the majority. Second, Vargo-Heffner has no love for her. Third, I don’t think Heckman is too fond of her either. She’d get one vote -Kevin Lott.
ReplyDeleteannon 5:94, I doubt the council would appoint either Cusick or Zirinski. I would agree she is not held in high regard by the rest of council since she is unable to think interpedently and says and does what she is told by McClure. She is part of the latest gang war by McLure against LVH. He has organized the bobbing head democrats to go on a full assault on the term limit ordinance. They are using Facebook to destroy her for McClure. Not to worry, nest year he will have control of council with his handpicked and paid for council people. He will control county government and the democrat party. He will be the democrat Trump of Northampton County.
ReplyDeleteHow about Greg Zebrowski, the Democratic Polish Prince. He would be a good one to fill out the unexpired term.
ReplyDeleteZebrowski is a good guy but way too much of a partisan Dem to merit consideration. I doubt very much he could be independent.
ReplyDeleteHow about Qayyum, the Democratic Primary candidate. He has a very inspiring educational background. He would be a good one to fill out the vacancy.
ReplyDeleteHeard that Zebrowsi is co-campaign manager for Zirinski, so that would be a big no way. You should do it Berrie, McClure would love you in that office.
ReplyDelete"Heard that Zebrowsi is co-campaign manager for Zirinski, so that would be a big no way. You should do it Berrie, McClure would love you in that office."
ReplyDeleteHe contributed $1,000 to her campaign, making him one of the largest individual donors. He is by profession a social worker, not a bean counter. I doubt he's interested. I like Greg. He can be funny, but I'll stand by what I said. He is far too partisan.
"How about Qayyum, the Democratic Primary candidate. He has a very inspiring educational background. He would be a good one to fill out the vacancy."
ReplyDeleteHe was rejected by 60% of the Democrats who voted, to say nothing of the Rs. An "inspiring educational background"? You mean he is educated. He has two degrees from Pakistan and one from here in the US. That is inspiring. He is educated, but does not have "an inspiring educational background." You are using the English language improperly, from which I deduce you are either Qayyum or his manipulative and opportunistic Easton City Council member wife. Like his primary opponent, he has no clue what a Controller does. A controller has nothing to do with global warming or student loans. He needs more time to understand the role of local elected officials, and so does his wife. I like Nadeem as a person, but not as a Controller.
"You should do it Berrie, McClure would love you in that office"
ReplyDeleteI just caught this part. McClure has zero say in the appointed controller. He would never whisper my name in anyone's ear. We're friends but he knows I am my own person. I would never bend the knee to him or anyone. The same is true of county council. They'd never select their biggest critic. On top of that, I am a disbarred lawyer. My selection would diminish the county's reputation in the eyes of the public. I'd never vote for me. It would also make it impossible for me to blog about the county. I know it annoys many people, but feel that the one public service I actually do is when I write about county government. I'd never be asked. But if I was, I'd say No.
"Totally serious about my suggestion but I doubt he would want the headache: Ron Angle. He would be very fiscally responsible."
ReplyDeleteIn my view, Ron is far and away the best choice. But for the first time in a long time, he's enjoying life. He's got grandkids, likes talking to his cows and is enjoying his life. I'll call him. I doubt five members would vote for him. He's probably get two votes at the most. Why should he put himself thru that humiliation?
"He would never whisper my name in anyone's ear. We're friends but he knows I am my own person"
ReplyDeleteDon't be so modest, it is well known you are one of his top publicists. He would love your fawning reports as Controller.
743 and 847 are Lori Vargo
ReplyDelete"743 and 847 are Lori Vargo"
ReplyDeleteAnd who are you?
"She is part of the latest gang war by McLure against LVH. He has organized the bobbing head democrats to go on a full assault on the term limit ordinance. They are using Facebook to destroy her for McClure."
ReplyDeleteI've seen nothing like this. Can you name some of the "bobbing head democrats" who are assaulting the term limit ordinance on Facebook so I can read their arguments? I did read what Tara Zrinski wrote. She attacked Cusick, not Vargo Heffner. She tried to argue that an initiative, an act of direct democracy, is not direct democracy. I've seen no other comments. So where is this "full assault"?
I agree there is animosity between McClure and some Council members. In the case of Myers, it is completely justified. With respect to other members of Council, I think it's unnecessary. But neither side looks particularly innocent.
"I've seen nothing like this."
ReplyDeleteWe do not see what we do not want to see.
4:16, That's not an answer. I've asked you to name any of the people on Facebook who are bashing LVH. You have failed to do so. This failure tells me that what you state is false. I can see that quite clearly.
ReplyDelete