At their July 20th meeting, Northampton County Council rejected a contract for a voluntary and exclusive employee health center. It was a close vote, with 5 voting No and 4 voting Yes. An "utterly disappointed" Executive Lamont McClure stated this proposal would have saved taxpayers $1.5-2 million per year. But it's by no means dead. When a new County Council takes office in January, this will almost certainly get a second hearing and is almost certain to pass. So I'm hard put to understand why Council member Tara Zrinski, who was on the losing side, would want a re-vote two weeks later.
Conducting a vote last night would have violated the Sunshine Act. Under recent changes to the law, a matter must be on an agenda advertised at least 24 hours before a meeting. When made aware of this, Zrinski moved, with Kevin Lott seconding, to place the health center on the agenda for the next meeting.
Her motion failed by the same margin that the health center resolution failed two weeks earlier. She, Kevin Lot, Ron Heckman and John Cuisck supported it. It was opposed by John Brown, Tom Giovanni, John Goffredo, Lori Vargo Heffner and Kerry Myers.
Here's where she went wrong. She made a motion instead of just presenting a resolution. Under the Home Rule Charter, "Any member shall have the power to introduce a proposed resolution at any meeting of the County Council." See Section 604(b).To avoid a possible violation of the Sunshine Act, I'd agree that each Council member has the power to introduce a resolution so long as it is advertised 24 hours in advance.
How is this accomplished? By simply notifying the clerk. She has no obligation to seek approval from the Council President or a majority of County Council. Each Council member has the power to introduce a resolution.
The Home Rule Charter also provides, however, that "Each proposed resolution shall be introduced in writing and in the form required for final adoption." See Section 604(c). Zrinski failed to do that. The Clerk must circulate this written resolution to all other members of Council. See Section 604(d).
So Zrinski needed no approval from anyone to introduce a resolution. But it had to be in writing and the Clerk is required to circulate and advertise.
Despite last night's vote, Zrinski could simply provide a written resolution to the Clerk and inform her she wants it on the next agenda. That is her right as an individual Council member.
It would, however, be foolhardy. It's clear her resolution would fail.
At last night's meeting, Council Solicitor Chris Spadoni noted that Roberts' Rules of Order provide for consideration of a vote only if someone in the majority wants it reconsidered. Thus, under Roberts' Rules, Zrinski would be unable to seek reconsideration.
There are two problems with this argument. First, County Council never adopted, in the form of an ordinance, any rules of order governing the conduct of meetings. It's pretty much the Wild West. Second, even if it had, that particular rule would be contrary to the express provision of the Home Rule Charter.
My takeaways?
First, all Council members should familiarize themselves with The Home Rule Charter. Had Zrinski done so, she would realize that all she needed to do was present a resolution to the Clerk for consideration at the next Council meeting.
Second, Council really needs rules of order. This will avoid the quagmires in which they often find themselves and will prevent individual Council members from trying to dominate meetings by weighing in on topics repeatedly.
23 comments:
All the would-be meeting rules aside, Zirinski is the gift that keeps giving. Why in the world would she bring this thing back up after only a couple weeks? Does anyone ever try to help her understand how that is just dumb. She doesn't have any new information, or a new resolution and she somehow thinks she will get people to change their minds. If McClure put her up to it that was a mistake. She is a flaming disaster as an elected official, but she is pure entertainment for spectators. I don't know how the other council people can deal with it. What is with Lott and his anger issues?
Angle himself was the guy that pointed out, back in the day, that Robert's rules where irrelevant
As a viewer in the audience and a member of other boards and committees, I found myself surprised that some members of our council seemed unable to navigate parliamentary procedure without frequent consultation with the solicitor.
Bernie who give you the right or authority to be the community's social conscious. Your reputation is a disaster and maybe you should post some of your own indiscretions for the public to view!
I have asked this several times. How are the "savings" calculated? If this health center is not "mandated" as a primary use facility, then what will force the County employees to use it? Are there savings for them? What is the participation rate? I thought I remember seeing a "savings" number of 3.7M, and now it is noted as 1.5 to 2M? Or maybe that 3.7M was a start up number. I have to go back through the articles.
But anyway, the savings calcuation answer has always escaped me. Thx.
Well, I just read through the article again, and found the link that explains how the savings are calculated. Sorry about that. I still think there are assumptions, like the fact that the employee will want to go to this new facility.
I can't imagine that the health coverage has a large deductible for County employees? But who knows.
7:54, I believe your comment was intended for my post about Taiba Sultana, where I expose her as a hypocrite. This post deals with the HRC, Roberts' Rules, the need for council rules and tyhe power of an individual council member. There is no moralizing, except to point out that all Council members should be thoroughly familiar with the Home Rule Charter, especially insofar as it relates to themselves. Please feel free to expose my indiscretions. I admit them freely.
"Well, I just read through the article again, and found the link that explains how the savings are calculated. Sorry about that. I still think there are assumptions, like the fact that the employee will want to go to this new facility."
You are correct. The projected savings are based on that assumption. It is a reasonable assumption because at other centers, employees did end up using the health center.
You sure let Zrinski live in your head rent-free. I sense sexual tension.
Scheer and Clark prevent stuff like this from happening in Easton. Same with Spirk and Panella over in Bethlehem. Spadoni needs to step up a bit and get these Council Commissioners up to speed and informed.
There has always been an understanding with previous Council's that the Home Rule Charter is law when it comes to introducing Resolutions and Ordnances. Roberts rules were applied after the home Rule Charter was followed. It kept everything simple.
You sure let Zrinski live in your head rent-free. I sense sexual tension."
Lol. She makes herself the center of a lot of stories. This one is actually farf less critical bc my real focus is on the need for Council to adopt rules, and as an ordinance so itsurvives.
Give her a break. She thinks banning plastic straws will save us from extinction. It's surprising she can write her name.
Bernie, who better than you?
Robert’s Rules should be the default in the absence of other legitimate procedure.
It is the baseline when other documents (charter/bylaws/etc.) are silent.
I have no problem with this. There should be an ordinance adopting Roberts Rules or other rules (I don't really care) except where inconsistent with HRC or Sunshine Act.
She’s the Kamala Harris of Northampton county council lol. Talks a lot but says nothing but dumb shit.
AS long as county council obeys th Sunshine laws and follows the Home Rule Charter, it can run its meetings anyway it wants. It is an independent branch of county government. So, you and McClure and his other pawns that sit on council can scream and attack and create chaos, it is meaningless. I do agree the council solicitor gets involved in things that are not his job and are that of the president.
1:23, it certainly is an independent branch of government and should be the most powerful. In fact, one reason for this post was to point out the power of an individual Council member. Instead Council is often a circus sideshow. If it wants to be more efficient, it should adopt rules of order as an ordinance and specifically provide they must be consistent with HRC and Sunshine Act. It does not matter to me whether it is Roberts Rules or some other form. I would like to see rules control debate to prevent a single council member from trying to dominate a meeting.
One of those rules provides that no member is entitled to be called on to speak a second time in debate on the same motion until everyone who is seeking recognition has had his or her first opportunity to speak.
Another Robert’s rule pertaining to debate is that a member can’t speak more than two times on any one motion on any one day—and again, he or she can’t speak the second time until everyone who wishes to has spoken the first time.
This Roberts rule is often ignored.
But Council has no rules of parliamentary procedure. They just wing it, and it shows.
Terra was an eco warrior long before Greta Thunberg made it chic, she has been siphoning much of her star Chakra energy towards healing the wounds inflicted upon Gaea by the boomers for this she is pilloried by DINO'S and neo liberals alike.
"Please feel free to expose my indiscretions. I admit them freely."
well,you tend to be pretty flatulent, and have an almost unnatural affection for Pho...
other than that, you're a fuckin' saint. gonna nominate you for pope. get you a big honking hat.
As someone who has sat/sits on multiple municipal committees, it only takes one member ignoring procedure to derail a meeting. The most recent committee I was asked to serve on was under the condition that Robert's Rules would be followed. The chair, once established, said he wanted the meetings to be more of a conversation. . . We get nothing of substance done.
Rules of order are designed to keep meetings on track and moving forward. If you don't want to learn your groups rules, be prepared to get nothing done and look like an ass.
She's a fish out of water in the political realm, yet runs for any job with a regular salary. I was going to call her a nitwit.... Wait, did I just say that?
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