Northampton County Council, at their Thursday night meeting, deadlocked for a second time on appointing a qualified person to fill the vacancy created by the January 2 resignation of former Council member Tara Zrinski. They voted 5-3 to refer the matter to the courts. Council Solicitor Chris Spadoni advised he would be in motions court the very next day to seek judicial assistance. He was there as promised. So was County Solicitor Missy Rudas, who objected to Spadoni's petition. So were the three rubber stamps. County Council members Ken Kraft, Kelly Keegan and Jeff Warren were in motions court with a petition of their own. What do these petitions seek?
County Council's Petition (2024-790). - This petition was exactly as described by Council Solicitor Chris Spadoni. It noted that County Council was unable to appoint someone to the vacancy despite attempts at two separate meetings. It contained this language from the Home Rule Charter: "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." It also advised the court that Council had received 20 applications and listed the names of those who applied. It further stated that resumes for each name were on file with the County Council Clerk should the court wish to review them. Its proposed Court Order leaves the name of the appointee blank, as Council has abdicated its responsibility to appoint a qualified candidate.
The Kraft-Keegan-Warren Petition (2024-791). - Though supposedly pro se, this petition was definitely prepared by a lawyer who understands how to caption cases, obtain verifications and who understands that Pa court practice requires separate paragraphs for each point. One of the facts pleaded is that the vacated position was held by a Democrat. "In light if this, another Democrat should be appointed to the vacant seat." While I understand and actually agree with the sentiment, Northampton County's Home Rule Charter contains no such restriction. Any qualified person can be appointed, regardless of party. After pointing out that a Democrat should be appointed to the vacant seat, the petition avers that "[Paul Anthony] is a Democrat and more than qualified." Attached to the petition is a proposed court order that presumptuously appoints Anthony.
The Home Rule Charter authorizes any member of County Council to petition the court to "fill the vacancy," but there is no authority authorizing anyone seeking judicial assistance to fill the vacancy with a specific person.
The County Solicitor - I am still puzzled about why Missy Rudas, an excellent lawyer and person, allowed herself to be dragged into this mess. She really had no standing, but her integrity is beyond reproach.
An anonymous comment posted on my blog yesterday asserts that, right after Thursday night's meeting, the Kraft-Keegan-Warren trio huddled in Executive Lamont McClure's office with Attorney Rudas. If that is so, it explains why they were all in court Friday and with a petition that very obviously was prepared by a lawyer. This faction is trying their strong-arm tactics on the Court after failing with Council. Good luck with that! To make matters worse, Ken Kraft misrepresented that Council only voted to declare it was deadlocked when it in fact voted to refer.
Should the courts seek an outside judge? - Probably. They do business with the County Council and Executive on a regular basis, and their choice might make relations with both branches more frosty. Having said that, there really is no legal basis for punting this matter. So I expect there will be a decision on or before Feb. 19. The courts can appoint anyone who is a US citizen and who has resided continuously within the county for a year prior to the commencement of Zrinski's term of office, which began in January 21. If you'd like to serve, I'd suggest you call the court administrator at your earliest convenience.
31 comments:
No wonder we'll never be great like Lehigh County. 😥
Are Keegan and Warren to Naive or dense to realize that they are being manipulated by McClure and Kraft, while Lamont hides behind the curtain safe from scrutiny. This petition episode makes them look foolish and unprepared for county government. They should seek advice from people who do not use them. Poor start while only a month on the council. Maybe you should sit back and learn the job.
Would it really matter if they just appointed the next “citizen “ that walked through security as “that appointee”? What constitutes “qualified ?” How about a good citizen that pays taxes , has a real job ,no criminal record and is willing to serve? Right party affiliation or gender or what ever else you’re inclined to come up with. How about a FARMER ? Put a FARMER on council and you might get a real taste of no nonsense .
Shouldn’t the Court select Vanessa Williams ? She as near the Voters’ preference as possible to Tara. Shouldn’t we respect the Voters’ intent ?
Focus here on Rudas is misplaced. Spadoni is the one here who had no authorization to be in Court on behalf of anyone. The Charter gives County Council as a body no role after it fails to replace the member. The Charter certainly gives no authorization to the Council Solicitor to do anything at all with respect to a vacancy. It is Lori and Spadoni who were making a mockery of the Charter.
If I was the judge who must ultimately decide, and because there are no particular requirements regarding how a judge must consider the decision, I'd place into a hat the names of all candidates who applied and were interviewed. I would then draw a name and be done with it. That removes all the politics that created the impasse. Everyone goes away miserable.
Do I hear a second, Ken Kraft? All in favor (and unable to deny their vote later, Ken Kraft) say aye. We're finished here. Thanks for playing.
I think the Court will pick the best candidate based on the merits of that candidate as submitted by County Council. Even County Council’s own Exhibit to its petition acknowledges that Paul Anthony is No. 1 !
Lori is a phony politician who is trying to get away with a coup here. She is trying to overturn the will of the People of Northampton County. They have been clear over the last 3 election cycles what they want, and it’s not John Brown. But, that’s who Lori has closed door meetings with before every Council meeting. Are the coup plotting, or just prearranging votes like that sham of two rounds last Thursday ?
Paul Anthony is a hard working Union business agent who understands had to work with contractors to get important buildings done. Pick Paul Anthony !
Paul Anthony, with the help of Charles!, has taken the P4 bridge project and turned it from a stunning failure to a total success. Thanks Paul !
I think the fact that Lori has failed to replace Tara has put the Judges in a terrible place, but I have confidence that they, lead by J. Dally will do the right thing and find the best candidate.
"Shouldn’t the Court select Vanessa Williams ? She as near the Voters’ preference as possible to Tara. Shouldn’t we respect the Voters’ intent ?" She is a Democrat and a female. I remember her as an employee at LVEDC who posted on social medial about "summer hours" Fridays. That did not go over well with the public.
Hmmm....there is at least one other woman who is much more qualified.
Wow, the gang of 3 and their roadies are out here in force this morning. They've made themselves look like huge fools and are using thus blog to try to redeem their idiocy. Good luck with that. 😆
Bernie should be appointed !
10:02, Even I would never vote for me.
One thing is clear from these comments. Whomever Paul Anthony is, he should be excluded.
I wish Ron Heckman would have been in Court. He’s so strongly pro-Paul Anthony that his mere presence would have been the only story.
Love watching Kraft, Warren and Keegan fight to defend the HRC from the prearranged games Lori and Spumoni played.
It was great to see Ron Heckman break free from Lori’s Rasputin like powers over him. Here’s hoping Ron is realizing he’s been under her hypnotic spell.
There is a huge difference between LVH, Goof, Gio, and Brown voting for Myers consistently and KWK voting for Anthony consistently, and after watching this play out, I’m so happy that KWK aren’t eating the shit sandwich being served to them by the old guard.
Where is Greg Zebrowski, Northampton County Polish Prince, when we need him?
C'mon Gregory. We love ya man.
Why did Ron Heckman switch his vote ? Was it all of the comments praising his immense mane of silver hair ?
Except they didn't. They changed their vote several times at the first meeting and then again at the second meeting. Keegan, Warren, Kraft didn't change theirs, so if your point is which side is obstructionist here, its them.
Are Keegan and Warren to Naive or dense to realize that they are being manipulated?
Of course not. They were supported and funded by McClure in the election last year. They ran to be "yes" votes for the McClure agenda not to serve as a check and balance on his administration. They won. Get over it.
I'm considering running, but wonder if my ankle bracelet will be a problem for our county's finest (with whom I have a long relationship). Also, Ron Heckman's hair beautiful. I've often wondered if he uses a specific product to attain the shine, fullness and body he displays. Alas, only his hairdresser knows for sure.
I posit the County Solicitor has a superior right to be in that Courtroom to Spadoni. It is the County Solicitor whose job it is to defend the Charter. Vargo Heffner and Spadoni were acting outside the scope of the Charter. Spadoni had zero right to be there as Council as a BODY lost its rights when it FAILED to replace Zrinski.
I suspect Lamont views most of the NorCo legal community with contempt and ridicule. He's ready to run circles around any one in it: judges, solicitors (his own or council's). He's been called worse by better and he's won bigger fights than on clumsily constructed county rules. Loopholes, meet the Mack truck that is driving through you.
Thank God it was not Paul Anthony or Vannessa Williams, both were McClure rubber stamps. The gang of three bubbleheads will now try to bring them into the McClure family of dirty politics.
You said it - either Bernie or Ron Angle! What a team if they could actually get on council together!
I think McClure wrote the petition. Only a brilliant asbestos lawyer good draft such an artful petition.
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