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Thursday, December 05, 2024

Council Clerk and Solicitor Both Give NorCo Council Bad Advice


At its November 26 Budget Hearing, Northampton County Council considered seven different amendments, two of which are apparently unlawful. I explained why yesterday. One of the seven amendments was Council President Lori Vargo Heffner's attempt to divert $225,000 set aside for outside nursing at Gracedale for yet another pointless passenger rail study. Aside from Vargo Heffner herself, that amendment received no support. Council Clerk Alina Shafnisky solemnly instructed Council that amendments needed the support of all five Council members in order to move forward to the budget hearing. "If these budget amendments are not passed by motion at this meeting, they will not move forward for the adoption of the budget," she pronounced. And Council Solicitor Chris Spadoni chimed in as well. "They die tonight," he instructed.

They are both incorrect. 

Typically, what happens at the final budget meeting, which takes place tonight, is that Council votes separately on each budget amendment. Then they are all put together and voted on as a package.. If necessary, there's a recess so the Clerk can compute the changes and their effect on the final budget. Shafnisky obviously wants to have her figures ready to go, but the reality is that budget amendments can be proposed any time after the public hearing on the budget and up and until the budget is actually adopted. Yes, there needs to be a public hearing at which members of the public can be heard. 

Under our Home Rule Charter, the Budget is adopted by ordinance following at least one public hearing.. (Section 704(a)). It further provides that "After the public hearing and before adoption, the County Council shall have the power to amend the budget submitted by the County Executive." (Section 704 (b)). The only time constraints are that budget amendments be proposed after the public hearing but before final adoption.

I'm unclear whether there has actually been a public hearing on the budget ordinance. Assuming that has happened, only then may budget amendments be introduced. And under the Charter, they can be introduced up and until the budget itself is adopted. Nothing in the Charter requires that the only time they can be introduced is at the final budget hearing. That might make life easier for the Clerk, but it's not the law or even prior practice. I have often seen last-minute changes on the night of adoption. Bruce Haines from Hotel Bethlehem has made numerous last-minute appearances with his hand out. And Council has obliged him because Haines and any member of the public has the right to request changes. 

Amazingly, after both Shafnisky and Spadoni told Council that amendments needed five votes to push forward, they have submitted John Brown's amendment to add $5 million to the rainy-day fund on this evening's agenda. His proposed amendment received only four votes. As I previously explained, this will result in an unbalanced budget if it is adopted. 

Shafnisky and Spadoni both gave bad advice but ignored their own instructions to push an amendment that they have to know is unlawful.  

12 comments:

Anonymous said...

Fairness to the Clerk as she is learning on the fly in many ways. Since McClure took office, his agents have tried to create distrust and chaos in that office. So, the fact the most of council warned her of the game McClure plays and to be wary of any of his agents' advice. She will learn over time.

The real problem is Spadoni. This is not the first time he has been stirred from a daydream to just mouth an easy answer. He was picked by McClure through Kraf because he would not cause problems for the administration. They also knew has a reputation for not being very industrious. Kraft has already promised him he will stay when McClure takes over council next year.
So, while one of your assignments is to tear down council whenever possible, they are working at a disadvantage with relatively new staff and a lackadaisical solicitor who thinks he is an elected official.
Just an opinion based on conversations and observations.

Anonymous said...

Lori is a tyrant. Neither Alene or Chris will say anything she doesn’t want to hear as she will take away their substantial paychecks.

Anonymous said...

That's why Clerk to Council is paid so highly. Maybe she should get a raise. What a joke!

Anonymous said...

CS has been a bad joke for decades

Anonymous said...

This is hilarious. I know for a fact Kraft wants Spadoni gone. Spadoni knows it too which is why he’ll say anything Lazy Lori wants him to.

Bernie O'Hare said...

1:55, That's mostly nonsense. It's true that Chris Spadoni was initially selected when Kraft was Pres, and whatever promise he has made to Chris, there is no way he can guarantee it. Nor would I ever take Kraft at his word. Anyone who knows him knows that. And why on earth would a County Council keep a solicitor they consider a McClure plant, as you assert, when they are clearly out to screw with the Exec? They keep Spadoni precisely bc he tells them what they want to hear instead of telling them the law.

As for Shafnisky, she has been there several years, long enough to know the job. By now, she should have the Charter memorized but makes this kind of mistake routinely. But her biggest mistake is that she fails to realize that she works for county council, not for Lori Vargo Heffner. She caters to the wishes of one Council member. I do not say this lightly, but I really believe Council made a very serious mistake in appointing her Clerk.

Also, you assert that McClure attempts to sew distrust there. But what I find interesting is that they are already looking for a new Exec Sec'y . It seems to me that the Clerk and LVH may very well be making the environment there unpleasant.

Anonymous said...

Bonnie Flisser's gone awa',
Safely owre the friendly main;
Mony a heart will break in twa,
Should he no' come back again

*with apologies to Charles Stuart and Carolina Oliphant

Anonymous said...

CS and AS will never say or do anything to upset Lori. She is the real tyrant of the bunch. She claims McClure is the bully but it really is her. CS and AS work only to satisfy Lori's agenda and that is what makes them look incompetent because it's an impossible feat.

Anonymous said...

This very likely will be considered the worst County Council in history. Consider that if Lori hadn’t blocked Paul Anthony, you’d have a bond and an employee health center already.

Anonymous said...

no truer words here

E.Z.P. said...

Bad advice to a bad council. Two negatives don't always make a positive, I guess.

Anonymous said...

Why still outside nursing costs for Gracedale after the elaborate recruitment that was put in place? Who is the present administrator anyhow? Come on, Bernie. Get on this.