I told you yesterday that NorCo DA Steve Baratta wants to hire a retiring Bethlehem police officer to add to his stable of county detectives. At the same time, he proposed giving all county detectives what amounts to a 15% payhike over what they are currently paid. But when Baratta and First Assistant Bob Eyer appeared before County Council last week, a resolution that authorized the hire and salary increases was missing. That's because Executive Lamont McClure pulled it. He had good reason to do so.
One of my readers slammed McClure: "He must have it his way and will push back on anything that doesn't get him donors or publicity." But as McClure himself advised Council, county detectives are in a collective bargaining agreement, and the county administration is the sole bargaining agent when it comes to doling out money.
This appears specifically in the Home Rule Charter's enumeration of the powers of the Executive branch. Among them is the authority to "supervise and direct the negotiation and administration of any collective bargaining agreements with employees ... ." This applies to all union contracts, including the courts and the DA.
Without question, as an independently elected official, the District Attorney has authority to hire and fire. But he has no authority to raise or lower salaries. That is the province of County Council. If a union contract is involved, it is the province of both the Executive and County Council. The Executive negotiates. County Council approves any collective bargaining agreement.
Baratta argued that he has the right to "move pieces" as he sees fit so long as he stays within his budget. But that view is wrong. Under the Home Rule Charter, they, and not he, set the salaries.
In addition to defending the Home Rule Charter, McClure has another reason to put the brakes on Baratta's proposal. Baratta is proposing a 15% wage hike for detectives who already are paid pretty well and drive a county car home every night. He is doing this just as contract negotiations are beginning for a new contract. How does he justify this to Human Services workers who are also getting 15% raises, but spaced out over three years? How does he justify this to other county workers? And how does he justify it to county taxpayers?
County Council solicitor Chris Spadoni told Baratta last week to just prepare his own resolution so County Council can vote on it. That would also be a mistake and would be just as meaningless as the various toothless resolutions being hurled at County Council in recent weeks.
So what the Council Solicitor told them to do is "ILLEGAL". They can't approve anything unless it comes through McClure. why didn't the Council President point this out? Wasn't Baratta a County lawyer before he become a Judge and then D.A.? He should know better. This is an issue that a Council Clerk should know and advise the Council President. That's why the clerk makes those big bucks. The whole county is screwed up starting with the Council solicitor and council president.
ReplyDelete"In addition to defending the Home Rule Charter, McClure"
ReplyDeleteRight, good one O'Hare!
Once again, council’s lack of observance of Roberts Rules, and the inconsistency of the council solicitor to operate within the HR guidelines demonstrates their
ReplyDeleteIgnorance of county governance.
Baratta is attempting to take advantage of how stupid McClure and council are. Not the worst approach. They're really stupid.
ReplyDeleteLori Vargo Heffner is trying to destroy the Home Rule Charter cause she caught Commissioner fever at CCAP and they’re ain’t no cure.
ReplyDeleteDean Wilson deserves a 15% REDUCTION
ReplyDelete
ReplyDeleteNorco us more entertaining than the Sunday funnies.
It’s the taxpayers who need protecting here. It’s absolutely irresponsible on the eve of negotiations with any entity, to be talking about these things in public. All Council does is blunder into costing taxpayers more and more money.
ReplyDeleteThere’s a lot of things to blame Council for, but this one falls squarely on the DA.
DeleteHe’s deliberately undermining the county’s bargaining position on the eve of negotiations. This will cost the taxpayers dearly.
You get what you vote for, so great job NorCo voters!
Good for you Bernie. Your knowledge of the Home Rule Charter and understanding how government in Northampton County is supposed to work keeps both the Council and McClure on the straight and narrow. Why Spadoni would make the recommendation he did shows his ignorance of the Laws that govern our County. I can't believe anyone is that stupid. Most of all I can't believe we have a Council so ignorant of the laws that govern our County that they would allow this to happen. Good for you Bernie. Keep up the good work. We're lcky to have you as our watch dog.
ReplyDeleteMaybe the secretary should be DA
ReplyDelete"a secretary in Human Relations advised him that his detective proposal violated the collective bargaining agreement. "That's a pretty heavy legal opinion for a secretary to make," he observed. "
From Weds and Thurs articles on this topic - “egomaniac” (Baratta), “dysfunctional” (County government), “inconsistency of council solicitor” (Spadoni), “how stupid McClure and council are”, “Norco more entertaining than the Sunday funnies”, etc.
ReplyDeleteNothing new here!
I deleted a pretty ugly personal attack aimed at Baratta bc I strongly suspect it comes from an unbalanced person who wrongly blames him for her own criminal conduct.
ReplyDeleteWith respect to the comment at 10:40, I was referred to the HRC by a good friend who knows it inside out. So no credit to me is warranted.
With respect to the DA, I simply believe his interpretation of the exact extent of his immense power is wrong. He does not negotiate with unions. The administration does that. He does not set salaries. Council does that. He does have the right to hire and fire but is bound by a collective bargaining agreement. He has undermined the county's bargaining position but has every right to advise the administration what he thinks his detectives are worth.
Hopefully, this matter will be resolved before the next council meeting. I believe it would require a memorandum of understanding with the union.
was referred to the HRC by a good friend who knows it inside out
ReplyDeleteBarron?
The DA trying to do an end run around the collective bargaining agreement is going get him an Unfair Labor Practice complaint. Keep messing around it is going to end up costing the county even more money than they can ill afford to waste. Of course, it doesn't appear that the DA cares about such things
ReplyDelete“He has undermined the county's bargaining position but has every right to advise the administration what he thinks his detectives are worth.“
ReplyDeleteHe does, but unless he’s doing it privately and also informing the Administration where to make corresponding cuts in HIS budget to pay for the raises he wants, he’s screwing the taxpayers.
Prediction: the wannabee authoritarian Lori Vargo Heffner will walk everyone right into a lawsuit in her desire to injure the McClure Administration. And, in the end, she’ll be the Cheese.
ReplyDeleteUnfortunately, Spadoni is overmatched with McClure and Rudas. Spadoni is a nice guy but lacks motivation. He is known as not being very motivated. County Council is at a disadvantage. Why do you think McClure and Kraft picked him in the first place.
ReplyDeleteAgain, this is all about what McClure wants. Stop deflecting.
2:48, No, this person is no longer in county government.
ReplyDeleteMaybe Baratta should focus on his promised robust Code of Ethics and training. 6 months and the only change seems to be trampling victim rights by the top brass.
ReplyDeleteSeems like that’s only with the DA’s office. Certain admins are rewriting job descriptions and salaries to get people they like raises and disguise it as a new hire.
ReplyDeleteTRUTH this has been happening, nothing new
Delete9:23, Please name the divisions where this is happening. I don't see it at the courthouse.
ReplyDeleteBernie for County Clerk!
ReplyDeleteIt’s a shame we are now seeing the real distinctions between Houck and Baratta….
ReplyDeleteHouck was truly gaslighted and lied about by the former judge. Amazing the way people get away with lying without consequence in politics. Beware of what you voted for.