NorCo Council's Kumbaya Resolution

As most of you already know, Northampton County Council member Kelly Keegan responded to the recent assassination of right-wing pundit Charlie Kirk by calling him a "monster ... . [H]is wife and kids are better off without him as is the rest of the world. Hopefully her next partner will respect women and children."  Although NorCo Council took no action against Keegan at their Thursday night meeting, they did adopt a completely toothless resolution (you can read it below) , drafted by Tom Giovanni, that in essence calls on all of us to be nice. Isn't that nice? Of course, the resolution was adopted unanimously. A seemingly tearful Kelly Keegan, speaking from her phone and out of sight of the public, made it clear she wanted to second it.  What I want to draw your attention to, however, is Jeff Warren's typical lengthy speech in support of it. 

Warren said he was "very disappointed with [Keegan's] extremely, extremely insensitive comments."

Really? 

Last year, one of Keegan's most virulent critics passed away unexpectedly. survived by a mother and a sister who loved him. His name was Ed Reagan. When he was alive, he was critical of several elected officials, including Keegan and Easton Mayor Sal Panto. He filed a RTK request with the Easton Srea School District, where Keegan works as a school nurse. At the time of his request, Keegan's husband was also a school director. 

What Reagan learned is that Keegan posted 112 social media posts and 23 emails about political issues, including marijuana and alcohol, while she was on the clock. He contended that this violated school district policy. I have no idea if there is such a policy, but if there is, she has continued to violate it. She declined to address his allegations.  

When Reagan passed away, Keegan posted this on Facebook: 

She actually celebrated his death. And one of those who "liked" her complete lack of empathy was none other than Council member Jeff Warren.

During his homily, Warren took President Trump to task for failing to "exercise calm," "to be reserved," "to try to bring some discourse together." He's right. Trump is divisive. But Warren could have done that, too, when he saw the extremely cruel remarks that Keegan posted about Ed Reagan's death. Instead, he "liked" what she said. 

The Kumbaya Resolution

WHEREAS, political violence, intimidation, and threats against public officials and private citizens are destructive to a functioning democracy and public discourse; and

WHEREAS, the United States has a long tradition of resolving political differences through civil debate, dialogue, and peaceful processes; and

WHEREAS, political intimidation and violence have a chilling effect on democratic engagement and threaten the ability of citizens to participate freely in the electoral and political process; and

WHEREAS, public officials, community leaders, and all citizens bear a responsibility to model acceptable public behavior against acts of violence, regardless of ideology or political affiliation; and

WHEREAS, law enforcement agencies and the judicial system must investigate and prosecute all incidents of political violence to ensure accountability and rebuild public trust; and

WHEREAS, strengthening civic education and encouraging civil debate are crucial steps toward building resilient communities and reducing polarization;

NOW, THEREFORE, BE IT RESOLVED that Northampton County Council unequivocally condemns all acts of political violence, intimidation, and harassment, no matter their target or justification

BE IT FURTHER RESOLVED that Northampton County Council reaffirms our commitment to upholding democratic values, including freedom of speech, assembly, and expression, as the rightful means for resolving political differences.

BE IT FURTHER RESOLVED that Northampton County Council calls upon our members and all citizens to publicly reject violent and hateful rhetoric, condemn unlawful behavior, even when committed by those with whom they typically agree, and support peaceful, constructive engagement in all political activities.

BE IT FURTHER RESOLVED that Northampton County Council commits to promoting civic engagement and civil discourse as the foundations of a healthy democracy.

BE IT FURTHER RESOLVED that Northampton County Council urges all elected officials to lead by example, tone down inflammatory rhetoric, and dedicate resources to protect free and fair elections and public officials.

NorCo Council Takes No Action Over Keegan Remarks

Last week, in response to the assassination of conservative activist Charlie Kirk, NorCo Council member Kelly Keegan, who is also a nurse at the Easton Area School District, posted this remark on her Facebook page: "He was a monster and his wife and kids are better off without him as is the rest of the world. Hopefully her next partner will respect women and children." The backlash was swift, Many people have called for her resignation from County Council and ouster as a nurse. According to Lehigh Valley Live, she may have been placed on administrative leave by the district superintendent. At last night's meeting of County Council, 15 members of the public weighed in on what Keegan said. Keegan herself was participating by phone instead of being physically present, possibly out of concerns for her own personal security. A deputy Sheriff stood in the well, keeping an eye on the public. After all the talking was done, Council took no action against Keegan. No censure. No stripping of committee assignments. Not even a request for her to step down. They did adopt yet another one of their toothless resolutions, this time condemning political violence in the strongest possible terms. But that was it. 

Of the 15 people who spoke, 3 of them actually supported Keegan. Gail Preunenger, a former Democratic member of the elections commission and regular donor to Tara Zrinski, called on council to "stop the erosion of freedom of speech" and allow Keegan to continue. An Easton High School student said that "everyone who wants Keegan to resign is biased." 

The remaining speakers all wanted some kind of disciplinary action, although most of them acknowledged that Council has no authority to oust a member. That can only be done by the General Assembly's impeachment process, conviction of an infamous crime or at the ballot box. 

Of the dozen speakers who were asking for some sort of discipline, I was most stuck by Christina Martinez. Actually, it was her 9 year old son whose words tell me we have a problem. When she told him she was coming to county council to urge action against Keegan, he expressed concern. "What if they shoot you?" he asked his mother. 

A 9-year-old child should not have to worry that his mother is putting his life in danger when she petitions her government for the redress of grievances. The fact that he would think this is a sorry indictment of just how far we've fallen in our democratic form of government. Martinez said we are entitled to leaders who "lift us up." We've seen the opposite, and that is pretty much true of Keegan. But it's also true of Donald Trump.  

After everyone had finished, Council President Lori Vargo Heffner read a statement: 

I have received several messages from constituents this week with concerns about a social media post. I want to acknowledge reading all of them and thank our citizens for participating in county government with their correspondence. I want to address some of those concerns. I have consulted with our solicitor, and we have reviewed the Home Rule Charter, Administrative Code and our council code of conduct. While the county has a clear social media policy for employees, it does not apply to Council, as we are elected officials and not supervised by the Administration. We are a body comprised of 9 members who serve at the pleasure of those who elected us to fill these positions. We take an oath to uphold the Constitution of the United States and the Commonwealth of Pennsylvania. We are expected to collaborate, debate, discuss issues and oversee the county budget and create legislation. We are expected to follow our code of civility, to have these discussions with respect for everyone’s opinion. While some of us are subdued in our approach and others more vociferous, we all have a right to have our opinions heard in this room. What any of us think, feel, or believe outside of this room in the privacy of our own lives is not governed by this code. We as a body have limited authority to call for the removal of a commissioner, and according to the Charter, these conditions are not met by private actions on social media. 

 As President of Council, I was elected to ensure that this body runs smoothly, and I have made it my mission to ensure that each of us gets time and deference to express our views in meetings. I take the separation of powers seriously and defend this body’s right to independently make decisions. I serve all the citizens of the county and choose to do so with decorum and dignity, not dysregulation. I was elected to serve in this role and recognize that this means to represent all of you, respective of party, privilege, beliefs. I take the privilege of the public’s right to address us just as seriously and ask for your respect and tolerance of us while doing so. While I may disagree with my colleagues at times either professionally or personally, I will continue to honor the code and work of this body as a whole. I continue to be willing to hear you and to the best of my ability, address your concerns when possible. Thank you for hearing and supporting this Council’s work.

Vargo Heffner had a perfect opportunity to bury Keegan, who has actively undermined her and has done her best to turn other Democrats against her. Instead of seeking a censure, for which there is precedent, she chose to take the high road. And even John Goffredo, County Council's most vocal conservative, agreed with her. He said the people should decide whether they want Keegan to continue, not Council. But he added that if she wanted to resign, he'd be happy to accept it.  

Will NorCo Council Be Whistling Dixie?

This picture was taken 8/17. Windows are now being fixed.

Northampton County Council will introduce legislation tonight that will, if passed, approve a $26-29 million tax break for the developer of the long vacant Dixie Cup factory in Wilson Borough. It will enable Skyline Investment to float two series of bonds for a proposed 405-unit luxury apartment complex and use the projected increased assessment to pay for the improvements made over a period of 20-25 years. During this time, taxing authorities will continue to receive the taxes on the existing assessment, but they will have to wait a quarter century to see receive the taxes it should receive when improvements are made. 

In addition, Skyline will also use historic tax credits and has already received a state grant for asbestos removal. 

Both Wilson Borough and Wilson Area School District have already agreed to this windfall. but NorCo Council has yet to weigh in. Under state law, the soonest they can do so will be in late October. 

Council member John Goffredo described what is happening as "almost like corporate welfare. We're giving a tax break to some of the most wealthy and most privileged people there are out there," he complained. Wilson Borough Council President John Burke said the development might actually attract other projects to hos borough and might even lead to reduced taxes "down the line." 

Skyline's Brian Bartee said he'd be contributing $1.1 million for low-income housing. His rental rate will be $2.51 per sq ft., which is actually cheaper than three luxury apartment complexes he identified in Easton and Bethlehem. He said the average rent at one of his apartments will be $2,452 per month.  Once construction starts, he projects that he'll be able to build 20 units a month. 

Noting that the project would take Bartee about 20 months (or slightly longer) to complete, Council member John Brown told Bartee that he'd be generating a substantial cash flow (406 units @ $2,452 is about $1 million a month). "Why do you need an additional 17 years of tax break in order to make the project work?  There's something in that math that seems a little odd to me." At that rate, Brown noted he could have everything paid off in 12-15 years. 

Bartee answered that "[w]e need a 20-year term so that we can maximize the proceeds so that we can meet the equity constraint to close." He said a lesser term would make it impossible to close. 

Brown also noted that Bartee's background is "pretty scarce." (I have previously raised a number of red flags about Skyline) "You have a nice website and that's about it," Brown said. Bartee conceded he has no previous experience as a developer, but his partner (David Amirian) does and won developer of the year in 2024. 

A September Bike Ride Along the D&L Trail

It's been a great summer, but it's slowly coming to an end, as all things do. I have no idea how many summers I have left before I come to my own expiration date, so I've been a cycling fool this summer. In August alone, I pedaled over 700 miles. Sometimes I am joined by a friend or my grandson. But most of the time, I like to ride alone. I could give you all sorts of reasons for cycling, but the truth is that I do it because I love it. I thought I'd take you along on this weekend's ride along the D&L Trail from Cementon to the Glen Onoko and back. That trail extends from Bristol, near Philly, to Black Diamond, near Wilkes Barre. 

My starting point this weekend was the Cementon Trailhead (mile 83), located along Route 329. After riding about 7 miles, I always stop at the Kindness Garden. 

I usually bring a painted rock with me and drop it off and pick one up. Some of them are truly works of art. There's also a little library at this garden for people who would like to borrow a book. I'm told this garden is located in front of what once was a birthing hut used by the Leni Lenape. 

About 9 miles into the ride, you hit the Slatington Trailhead. It has a very nice pavilion to take a break, with a great little luncheonette trailer. I usually stop there on my way back to guzzle what remaining water I have left. 

Going north from Slatington, you can see that summer is ending. While the foliage is still green, the leaves are beginning to change color and the smell of Fall is in the air. 

Further north, you can see the Blue Mountain in the east. It has yet to recover from all the strip mining done by greedy coal barons. They paid a pittance to the men (and children) who worked for King Coal and hung Molly Maguires who wanted better lives for their families. 

One I hit Lehighton, I crossed a bridge over the Lehigh River into Weissport, where the trail continues along the part of the trail I like least. Some people enjoy cobblestones. My arthritic bones hate them.  

I was unaware that my ride coincided with both a half-marathon and full marathon being run that day. I stopped at the water tables, mostly unmanned, and helped myself. I hit this race after most of the runners had gone through, but there were still a few stragglers. I made a point of telling them they were going the wrong way.

Nort everything is beautiful. As I got closer to Jim Thorpe, I first smelled and then saw the sewage treatment plant located right by the trail. I stopped for a swim. 

My friend, Attorney Nathan Thurm, plans to build a hotel right next to it and wants a tax break like the government gives everyone else.  When I reminded him that it's next to a sewer treatment plant, he said, "I know that! Don't you think I know that? I find it so funny that you would think I don't know that."

Not far past the sewer treatment plant, you hit Jim Thorpe. As you can see, it is definitely a cycling town. 

You can rent a bike from the shop in front of the courthouse. The shop will take you and the bike you pick 25 miles north to White Haven, and you can ride the 25 miles back down (slightly downhill) into Jum Thorpe. You can rent an e-bike, too. They have become quite popular, and I like to see them. The area north of Jim Thorpe has spotty cell service, and a person on an e-bike can get help if someone experiences a medical emergency on the trail. 

You can also take a train ride from Jim Thorpe up through the Glen Onoko Gorge. Here a locomotive billows its black smoke and clangs its bells as it is prepared for a trip. 

I turned around a little bit past Glen Onoko. I love to watch the river as it snakes its way through the gorge. There is a waterfall there, too, but I did not visit. 

On the return trip, I always stop at Hug in a Mug Cafe in Weissport for the best coffee I've ever had, along with a blueberry bagel. The proprietors always fill my water bottles and even put ice in them. They also sell odd things like rocks and minerals, which I collect. 

There you have it. A trip like that washes the soul. 

Magisterial District Judge Douglas Schlegel Has Passed Away

Magisterial District Judge Douglas Schlegel, whose district included the Wind Gap area, has passed away. He was first elected to the bench in 2011. Prior to that, he was a Bushkill Township and Easton City police officer. I did not know him personally, but no his time on the bench was plagued by numerous illnesses.  In a Lehigh Valley Live report, Schlegel is described as a person who went out of his way to help people, even to the point of plowing driveways for his neighbors. 

President Judge Craig Dally releases this statement on behalf of Northampton County's bench:

We are deeply saddened by the loss of Judge Schlegel. He was a true pillar of the legal community and an unwavering champion of justice. He was an honest and caring judge who approached every case with integrity and a deep respect for the law. He had a huge heart and was full of kindness and compassion. 

On behalf of the Northampton County Court of Common Pleas, I want to offer our sincere condolences to Judge Schlegel's family, as we recognize the judge’s lasting legacy and the impact he had on countless lives.

Will There Be Political Fallout From Keegan's Remarks?

Late last week, I told you that NorCo Council member Kelly Keegan, who is also employed by Easton Area School District as a nurse, had a troubling reaction to the murder of a far-right influencer named Charlie Kirk. ""He was a monster and his wife and kids are better off without him as is the rest of the world," she said. "Hopefully her next partner will respect women and children." Her remarks have landed her in hot water at the school district, which could take disciplinary action. Her position on NorCo Council, however, is more or less unassailable. The only way an elected official can be removed from office is through impeachment by the General Assembly or conviction of an infamous crime. Yes, there are recall provisions in the Home Rule Charter, but they are unconstitutional. So she should survive the firestorm that she herself ignited. But she's done no favors to Democrats running for office in November. Her remarks just might have made a GOP victory far more likely in NorCo.

In a heartfelt and moving statement, NorCo Exec Tara Zrinski made clear that she has a quality that appears to be missing from Keegan's stained soul - empathy. I also received a statement from NorCo Council candidate Jason Boulette, a Democrat running for one of the five at-large seats, condemned Keegan's remarks, stating that public figures "have a responsibility to not further enflame dangerous situations with angry rhetoric." But the damage has been done. 

Sources close to Keegan tell me she's at a loss to understand why people are so upset with her. She was angry that she was asked to stay away from Forks Community Days. Will she apologize? If she does, will it be sincere or pure expediency?

What I do know is that Republicans are strongly considering a mailer that includes Keegan's "monster" statement, followed by pictures of her with various Democratic candidates.  This will have no impact on hard-core Dems. It will make no difference to the GOP faithful, who would never vote Democratic anyway. But it will sway many moderate and independent voters, and it is they who decide elections. 

Democrats have a fractured County Council ticket already. Because Democrat Lori Vargo Heffner has been willing to be an independent voice and resist some of a Democratic Executive's agenda, she's been blacklisted by most Democratic organizations and unions. The Republicans, in contrast, have a strong team and they are united. 

Keegan's ill-considered comments might just be enough to put them over the top. 

Keegan's Insensitive Remarks Land Her In Hot Water

I closed out last week by reporting insensitive comments made by NorCo Council member Kelly Keegan about the murder of far-right influencer Charlie Kirk. Since then, I've received equally if not more offensive remarks from her before she shut down her Facebook page. I could post them, too, but the point has been made. Some of you have taken me to task for drawing attention to her remarks, but she is both an elected official and a nursing director at Easton Area School District. You should know what she said.

As an elected official, she can be censured by Council, which means nothing. County Council has no authority to do anything else. The only way she can be removed from office is if she is impeached and convicted or is convicted of an infamous crime.  She will remain in office unless she herself resigns. Should she choose to seek re-election two years from now, voters can oust her then. Or re-elect her. 

To be sure, she is political kryptonite at this point to other Democrats running for office. They will likely avoid her. She was a no-show at the Eston Democratic Blue Gala on Friday. She was sent home from Forks Community Days on Saturday. 

Her real problem is her continued employment at Easton Area School District. Superintendent Tracy Piazza has noticed what she said. I never spoke to Ms. Piazza but am told she's been inundated with complaints from parents and staff. As a result, she has sent this "Message to Our School Community Regarding Recent Social Media Post."

Dear Parents, Guardians, Staff, and Community Members,

I am writing to you today to address a deeply concerning social media post made by an individual associated with our school district regarding the recent passing of Charlie Kirk. The statements made were deeply insensitive, without merit, and in conflict with all that we stand for as a district.

As your Superintendent, and on behalf of the Board of Education, I want to be unequivocally clear: this individual’s personal opinions and statements do not, in any way, represent the values, mission, or beliefs of our school district or those of the Board of Education.

Our schools are founded on principles of respect, empathy, and compassion. We believe in fostering an environment where every individual is treated with dignity, even in disagreement. We believe in the inherent value of every individual, and the unwavering importance of family. While we recognize that, as individuals, we all have our own opinions and beliefs, as a district, we also believe that public statements that diminish the value of human life or are indifferent to the importance of family are without basis. The social media post in question stands in stark opposition to everything we teach and stand for as a district.

As the Superintendent, I expect that all employees display respect and compassion, both in their professional roles and lives. Anything less is unacceptable and not representative of the conduct we expect from individuals associated with the Easton Area School District.

The administration and Board of Education are dedicated to ensuring that our actions and communications consistently reflect our fundamental beliefs and uphold the trust placed in us by the community, regardless of one’s political views.

We will not condone or tolerate such behavior. We are actively reviewing the situation and will take appropriate action in accordance with district policies and laws. We will continue to work tirelessly to ensure that our school community remains a safe, respectful, and supportive place for all.

Thank you for your continued partnership in upholding the values that define our school community.

Do I think she should be fired? No. But I do think she owes an apology to the public she serves, both as an elected official and as a public-school nurse. She also owes an apology to her colleagues on county council. She has been County Council's most divisive member, attacking Republicans and even other Democrats who refuse to go along with everything that Executive Lamont McClure would like to accomplish before leaving office. At meetings, she has publicly attacked Council member John Goffredo over his numerous online comments, but she and Goffredo could both learn a thing or two from another Council member, Tom Giovanni. He only speaks when he needs to make a point, not to hear the sound of his own voice. 

How Did NorCo Exec Candidates React to Charlie Kirk's Murder?

Tom Giovanni, GOP candidate for NorCo Exec: "Please join me tonight in praying for Charlie Kirk's wife, Erika, and their beautiful children following today's tragedy. Enough is enough with political violence. We must come together."

Tara Zrinski, Democratic candidate for NorCo Exec: "I had not planned on posting anything about Charlie Kirk’s assassination because I just didn’t have the words, but, I have read many posts and watched the reactions from the news, the President, talking heads on podcasts and it is all vile.

I mourn not for Charlie Kirk but for human decency. A man, who I did not know, has died, he had a wife and children and probably friends, although none I would align myself even in polite conversation. The proper, respectful and decent thing to do is to say, “sorry for your loss. I pray for the friends and family of this lost soul that he may rest in peace.” Yet, we have lost all semblance of decency in this polarized and charged political landscape.

I mourn for the hope that people can come together, even when they disagree, for mindful political discourse. I grieve for the future so uncertain for our country and the world. I am bereaved by the loss of kindness in the hearts of people.

I want to drop some Buddhist wisdom here that I have been thinking about. As the Dhammapada states, "An ignorant person takes pleasure and delight in killing living beings". Taking a life, even that of someone who you deem a wicked, or evil, person, creates new negative karma for the killer. It doesn’t remove that victim’s karma, either, and creates more suffering that, for some, will give birth to violence out of their vindication and condemnation of the act for others.

The goal is to break the cycle of violence, not to perpetuate it, even against those who may seem deserving of harm. We cannot break it if we keep perpetuating it. Charlie Kirk, for sure, had an agenda. I did not agree with him but, I do not wish him or his family suffering. I pray for peace. I pray for the end of suffering and the end of violence. I pray his death is the last."

Both Tom and Tara have reacted to this senseless killing with empathy and compassion. What Kelly Keegan said is the exception, not the norm. 

NorCo Council Member Kelly Keegan Celebrates Murder of Far-Right Influencer

Unlike many of you, I studiously avoid most of the talking heads that routinely appear on television. Up until the day of his unfortunate murder, I was completely unfamiliar with far-right influencer Charlie Kirk. From what I've since learned about him, I have little in common with him and disagree strongly with nearly all of his views. But like every one of us, he is entitled to the same respect and dignity that we all owe each other. I disagree strongly with my brother's political views, but he is still my brother. Some of my closest friends are ardent Trump supporters. We can still talk, and we're even able to talk about politics. There is no need to hate someone simply because he is Republican or Democrat. The whole point of a democratic republic is to encourage differences. And the First Amendment protects speech that you or I might find totally repugnant. Unfortunately, there are people who fail to understand this. The worst of these are people who are willing to use violence to suppress views they detest. And there are others who will actually celebrate this political violence. Unfortunately, one of these cheerleaders of political murder sits on Northampton County Council. 

Kelly Keegan is the District member of NorCo Council, representing the Easton area. She is also employed by the Easton Area School District as a nurse. She reacted to the senseless murder of a relatively unknown far-right influencer on Facebook with "IDGAS (I don't give a shit), his life isn't different than anyone else's. Karma." She didn't like his insensitive comments about children and adults who were killed in a mass shooting. 

She did not stop there. She also said, "He was a monster and his wife and kids are better off without him as is the rest of the world. Hopefully her next partner will respect women and children." 

If Kelly Keegan respected human life, she would not have said these things. I think a person like her has no place representing the people of Northampton County or being near the children at Easton Area School District.

UPDATE 9/14/25 AT 11:45 AM: I have received some comments claiming that they are unable to see the newer comments. That is because they are on a new page. If you scroll to the bottom, you can open up the new page. 

UPDATED: Attorney Facing Drug Charges Is Latest Focus of Lawsuit Brought By NorCo's Former Custody Master Against the Judges

Over the weekend, I received a packet sent anonymously to me, including a filing in the federal case that former custody master Lisa Tresslar has filed against Northampton County's court. In that case, Tresslar has argued that she was constructively terminated by the courts because of her vocal opposition to changes in the way custody cases were being handled. Instead of being concerned about the lives of children, her argument was that some judges were instead focused on insulating themselves from information that could raise red flags, giving themselves plausible deniability in the event a child was abused. Discovery has apparently concluded, and before competing motions for summary judgment are filed, the matter has been referred to a federal magistrate to see of the parties can settle. So I was a bit surprised that anyone would want to send me anything related to the case. I was, however, even more surprised about what it reveals. Stan Margle, the very attorney who is facing multiple drug charges, has apparently become a key witness.

What I was sent was a motion filed by defendant Judge Craig Dally and Court Administrator Jermaine Greene. [I will refer to them collectively as defendant judges, since most of what Tresslar complains about involve other judges, not Judge Dally]. Though this defense was never raised before, they now contend they made changes in the way custody cases were being handled because Tresslar, as custody master, was biased in favor of Margle. Instead of acting as a "neutral court employee," she engaged in numerous conversations about pending cases with him without the knowledge or consent of opposing counsel or the court. In one text message, she is quoted as saying she "wanted to have [Attorney Margle's baby]." 

Defendant judges now want to use this apparent bias as an affirmative defense. And someone on their side of this dispute wanted to make sure I was aware of this favoritism. 

After receiving this packet, I went on PACER to see for myself what is going on in this case. True enough, the defendant judges do want to muddy Tresslar up as some sort of harlot cavorting with an attorney who is also a criminal defendant in two separate drug cases involving cocaine or paraphernalia he left behind at the courthouse. But Tresslar has a response to their motion. 

She points out that Margle was her attorney when she had her own custody dispute 16 years ago, and they became friends. She said that President Judge Steve Baratta, who hired her, has testified that her relationship with Margle presented no conflict and she had no duty to disclose it. She nevertheless disclosed her relationship with Margle in every matter in which he was involved.

As far as ex parte conversations go, Tresslar was acting as a mediator and was specifically directed to engage "in ex parte communications with custody litigants and engage in back-and-forth shuttle diplomacy in an attempt to bond with litigants and get them to trust her recommendations."

As if this were not enough, former President Judge Michael J. Koury, Jr. sought and obtained an opinion from the Ethics Committee of the Pennsylvania Conference of State Trial Judges, stating that Tresslar's ex parte communications with Margle were perfectly permissible as long as Tresslar disclosed that she regularly engaged in ex parte communications with litigants as part of the court's mediation process. Judge Baratta and numerous attorneys have testified ... that Tresslar fully disclosed that she regularly engaged in ex parte communications with litigants, including Margle, as part of the court's mediation process."

It appears to me that Defendant Judges are simply trying to slur Tresslar for doing precisely what she was authorized to do. 

Amazingly, what I also learned from looking at the PACER docket entries is that, in addition to being Tresslar's former attorney, Margle also represented Defendant Judge Jennifer Sletvold. According to Judge Sletvold, Margle represented her in "various matters." She was so concerned about her own relationship with Margle that she actually made sure she had yet another attorney present when Margle was deposed so that he could assert attorney-client privilege if Margle was questioned in detail. 

So Margle, an accused drug defendant, represented both the former custody master and one of the very judges about whom Tresslar has based her lawsuit. 

Since Margle represented one of the judges in "various matters," I wonder whether an outside jurist should be asked to handle his case. Since our judges are so concerned about the appearance of bias, perhaps they should look at themselves.  

UPDATED 10:45 AM: I have learned that, in fact, a full bench recusal is being sought in the Margle prosecution. This is not just because of a potential conflict involving one of the judges, but because several county employees could be involved as witnesses. 

First Time DUI Offenders No Longer Eligible For ARD in NorCo

There's been a recent change in the NorCo DA's office concerning a special program for first offenders called Accelerated Rehabilitative Disposition. (ARD). Under this program, a first offender for a minor crime can avoid the stigma of a criminal conviction by agreeing to probation for a period of months and any other conditions deemed appropriate. After successful completion of the program, charges are dismissed. This program is administered by the District Attorney, and eligibility is at his discretion. The crime of Driving Under the Influence has typically been among the kind of offense considered appropriate for ARD. It's been a moneymaker for the county, too. The ARD fee for DUI in NorCo has been $2,675. But this is changing. According to an August 26 Memo from DA Steve Baratta to President Judge Craig Dally (you can read the memo below), ARD will no longer be available to DUI defendants. This new policy will start September 15.  

This change was brought to my attention by a reader who chided me for failing to report it. I was unaware of the change. 

Baratta's new policy is a reaction to a recent Pa. Supreme Court ruling that considering ARD as a prior offense for purposes of sentencing enhancement is unconstitutional notwithstanding that the Vehicle Code specifically provides that participation in an ARD program must be considered a prior offense. 

Instead of accepting ARD applications for first time DUI offenders, the DA will allow most defendants to plead guilty to DUI at its lowest level, called general impairment. Defendants who plead guilty will be sentenced to six months of probation and a $350 fine. They can keep their driver's license. They will have the stigma of a criminal conviction, but that can be expunged after seven years. 

The DA notes that, in some ways, this will be less onerous than ARD. It will cost a Defendant far less than ARD and he will still be able to drive. But the plea must be made at the time of arraignment. 

DA Memo on New ARD Policy for DUI by BernieOHare

NorCo Council Tables Routine Budget Amendment, Goffredo Wants Fiscal Boss to Resign

At last week's meeting, NorCo Council voted to table a routine budget amendment ordinance by a 7-2 vote, with Council members Jeff Warren and Kelly Keegan dissenting. Council members claimed they were never provided with enough information even though the administration had previously provided a 46-page explanation of the changes. This budget amendment also went through Council member John Brown's Finance Committee. They had plenty of information from which to make an informed decision. Yet Brown and Council member John Goffredo added they would oppose the amendment as a protest "until the administration gets in line and recognizes the power of this body ... ." They are completely willing to allow county government to grind to a halt unless Executive Lamont McClure cedes his administrative authority and lets them run the county. And when Fiscal Affairs Director Steve Barron attempted to answer questions that President Lori Vargo Heffner had about the amendments, most of which were answered to her satisfaction, Goffredo said Barron should resign. He also shut Barron down when he attempted to defend himself, telling him to sit down.

Budget Amendments are routinely presented about two or three times a year. They are discussed in a Finance Committee. The administration supplies Council with written explanations of every change. So it is actually dishonest for them to claim this was suddenly sprung on them. 

They complain that the Executive and Fiscal Affairs Director are failing to do their jobs, or more precisely, failing to do it the way they want it done. But are they doing their job? They had all the information they needed. They also had time to ask for further explanation at a committee meeting in advance of the vote. They just failed to do their homework and then tried to blame it on the administration. They'd rather just shut the government down and attempt to make political points in advance of an election. 

Though budget amendments are routine, they fund important human services to protect our children and elderly from abuse and neglect. They fund remediation that help our children from getting lead poisoning in some older homes, especially in the slate belt.   

As powerful as a County Council might be, it has no power to administer. Though Council controls the purse strings, it has no power to decide how the elections office is run. It has no authority to instruct the Executive about how Gracedale should be administered or how many homes should be remediated for lead. That is the province of the Executive branch. 

Goffredo denied politics has anything to do with his willingness to cripple county government. " I don't give two flying whatevers about political season. I'm not running for h ---. This is an inconvenience at this point cuz I feel like we come here, and all we do is sling stuff at the wall. I don't care about anybody's electoral race."

Really?

Goffredo donated $1,000 to Tom Giovanni's Executive campaign. That's pretty amazing for someone who doesn't give two flying whatevers.  And as Council member Jeff Warren reminded him, Goffredo is himself on the ballot. 

Brown and Goffredo like to complain about the administration's failure to communicate, and in some instances, they could be correct. But not here. They had a 46-page explanation and a Finance Committee meeting. They just failed to prepare. 

Goffredo and McClure Spar Over Elections and Gracedale

With a county election coming up in November, relations between NorCo's administration and county council have gone from bad to worse.  At last week's meeting, held September 4, Council member John Goffredo and Exec Lamont McClure sparred over elections offices and Gracedale. Later that evening, Goffredo got into yet another argy bargy, this time with Fiscal Affairs Director Steve Barron over a routine budget amendment that actually was tabled. Today, I'll tell you about the tiff between Goffredo and McClure today and continue with his assault on Barron on Tuesday. 

The meeting started on a sour note. A corrections officer disclosed an "ongoing issue" between his union and the bargaining unit representing deputy sheriffs over the transport of prisoners to medical appointments and to hospitals. Though corrections officers are 79 people short, they are being forced to take on this task. He complained that deputy sheriffs get whatever they want, from extra vehicles to more staff, while his union gets mandates. He said he's been mandated to serve 16-hour shifts on eight separate occasions in August alone. 

Though sheriffs are required to shoulder some of this burden, he and his fellow officers are stuck with it. He noted complaints to Human Resources have been ignored and suggested that's because the HR Director is married to the Sheriff. 

Interestingly, he noted that when the Sheriffs do these transports, they often send only one deputy, while COs must use two. (If the CO is accurate on this point, this practice is both unsafe and unwise.) 

Disputes between unions over work and contracts can be resolved through the labor relations board. 

After this first dissonant chord, GOP county chair Glenn Geissinger approached the podium. He said he'd be brief. He wasn't. His complaint was about Executive McClure's decision to establish temporary satellite offices in Washington Tp and South Bethlehem for county resident who might wish to vote there instead of making the trip to the courthouse for what most people consider early voting, though it's technically ballot by demand. 

He insisted that County Council, and only County Council, has this authority and cited a provision in the Elections Code (25 P.S. 2645) providing that it is County Commissioners who fund elections and asked Council to "end the abuse of power of this executive." He claimed this abuse of power is part of a pattern in which the executive ignores the wishes of Council, which he did with part of $5 million in retention bonuses for Gracedale's career service workers.

This has become the main issue in this year's county council and executive races, which include "Where's the money, Lamont?" signs disingenuously hinting that the money has been stolen.  

After this, it was eventually McClure's turn in the dock. He attempted to get away with an innocuous presentation about suicide prevention, but Goffredo wanted to know why he failed to get County Council's approval to fund these satellite offices. McClure said there was no need because the funds were already in the budget for the elections division.  (Under the County's Home Rule Charter [Section 705], he would only need Council's approval if he was moving funds from one division to another). 

Goffredo then complained that the decision to establish temporary satellite offices was not approved by County Council, but they are not administrators. 

From elections. Goffredo then went on to Gracedale. He was upset to learn that the county plans to use one agency (Tellavera) to require all agency CNAs at Gracedale with 500 hours of working time to transition to work for that agency. 

McClure told Goffredo that Gracedale administrator Michelle Morton was there and could answer his questions, but Goffredo wanted to hear what was going on from McClure. (In the past, Council has complained that McClure discourages county employees from coming to meetings, but now Goffredo just wanted to hear from McClure). 

Do you think that council should be part of these discussions, personally, as the executive?

In advance of doing them?

Yes.

No.

Really?

No. We just had a factually incorrect lecture from Mr. Geisinger about the separation of powers. It's for the administration, and specifically the administrator of Gracedale to administrate Gracedale. And part of that is how you manage the agency relationship. So what we're trying to do is save millions of dollars.

The spat continued. 

But I would like this to be out in the open. That's why I wanted to ask these questions because a lot is happening at Gracedale, which is the biggest issue. It has been the biggest issue and will always be the biggest.

It's only the biggest issue because we're talking about it because you demagogue it. Because you want to make it political. You want to. He's [Tom Giovanni] running on it. He's running his campaign on it.

So when Gracedale's failing, we're failing.

Gracedale's not failing.

Debatable.

It's not failing.

All right, well, that's where I would like to have different conversations and be brought into these issues, because I think staffing is the biggest thing that we're dealing with. I'm hearing that if you have over 500 hours as a temp worker, you either get on with Telavera or you get lost. Is that true?

So you need to ask her [Michelle Morton] specifically how that works because I am not in the weeds on all of the details of that.

Personally as Council, I wish we'd known about this. I wish we talk about his at the human services meeting, the meeting before this, when this was already in the works, literally two weeks ago.

So here's the thing. I know Miss Wandaowski [Human Services Director] at one of the previous meetings, did preview that a process was going to be put in place that would lead to savings with agency nursing staff. They were here and they did it. ... [W]e're trying to save millions of dollars. I understand why you don't want to, because I ultimately suspect you do not want Gracedale to be county owned.

You keep saying that.

Well, that's my personal belief.

Okay, well, I don't want that to happen.

Good.

What I would like to do is get more county employees. I would like to make it more appetizing to come work at the county, which seems to be an issue, in every department. And I think if we want to save Gracedale, we'd need to get good nurses and good workers to come work for the county. Not, "Hey, let's get a mega temp agency," because they're going to be able to consolidate all these ---. Well, what if they don't? What if they can't? What if they struggle? What if their nurses aren't as good? I don't know anything about them. So, yes, am I annoyed that we're not a part of this process? Yup. We're giving you money, you're saying, well, it's in our budget. You're moving money around all over the place. We don't know what's in our budget. We don't know where the money is.

Well, that's fundamentally false. It's fundamentally false.

If nothing else, it's clear that the animosity between Executive and Council is at an all-time high.  And when Fiscal Affiars Director Steve Barron attempted to defend a routine budget amendment, things got worse. I'll tell you about that on Tuesday. 

NorCo Council and Philadelphia Eagles

Last night, as most of you know, the Philadelphia Eagles hosted the Dallas Cowboys in the season opener. Before the game even got underway, defensive standout Jalen Carter was ejected after he inexplicably spit on Dallas QB Dak "Here we go!" Prescott. Then, early in the third quarter, right after Dallas coughed up the ball and the Eagles looked like they were in a position to extend their lead, the game was suspended as a result of lightning in the area.  

I had hoped to be able to watch the game and then watch and write about the NorCo Council meeting. But my report will have to wait until Monday. It looks very much as though the County Council and Executive races are in full swing as Council actually blocked a noncontroversial budget amendment. It also looks as though the animosity between Council and the Executive branch is at fever pitch. I'll tell you about it Monday.  

Go Birds!

Pa. Budget Impasse Continues

Pennsylvania's Constitution requires that a state budget be in place by June 30, but the General Assembly usually ignores this mandate. According to PoliticsPa, only four of the past dozen budgets have been adopted on time. There's no rush because legislators and state employees can still look forward to their paychecks. The spice still flows. But starting soon, the spigots will be turned off at school districts, local governments and with nonprofits. 

Governor Josh Shapiro has trimmed his budget spending from $51.4 to $49.9 billion, but that was a week ago. At this point, the failure is irresponsible. How hard is it to have a budget that funds agencies investigating child abuse or school districts that educate our most valuable resource?   

NorCo Council will tonight consider yet another nonbinding resolution calling on the state to do what it should have done by the end of June. 

Allentown Truth, Molovinsky, Siegel and Eddie "Cares" Aviles

I'm ashamed to say that I completely missed the existence of an Allentown-specific blog until this past weekend, when it was brought to my attention by Attorney Nathan Thurm. The blog? Allentown Truth. The blogger? He's anonymous but calls himself Honest Abe. I have linked to him and want to draw attention to one of his recent stories. 

Let me give you the background.

Recently, LC Exec candidate Josh Siegel blasted both his GOP opponent, Roger MacLean. and LV Congressman Ryan Mackenzie because they recently posed in a group photo that included a fellow named Eddie (Eduardo) Aviles. He was apparently canvassing neighborhoods with them.  It's unclear to me whether MacLean or Mackenzie know anything about him. 

Frankly, from what I've seen of him on his Eddie Cares Aviles Facebook page, he's different. I've seen unhinged Facebook lives from him bashing Promise Neighborhoods, an Allentown nonprofit that feeds off white guilt for funds that have done nothing to improve the lives of anyone, excepting two-time convicted felon Hasshan Batts. I can no longer locate those emotional Lives, but WFMZ-TV69 did cover his mini-war against Batts. He fancies himself a champion of the tired, the poor, the homeless, the unwashed, the huddled masses, the refuse of society. Kinda' like an Allentown Statue of Liberty. But I don't know enough about him to reach any conclusion other than that he's failing. That's no dig at him. It happens with everyone, whether it is some well-funded nonprofit, a local government throwing cash this way and that, or even the well-meaning members of a church. 

But Eddie Cares Aviles has a tendency to let his emotions take over and gets in trouble as a result. Charges include disorderly conduct, fighting, accusations of terroristic threats (always dismissed) and possession of a small amount of marijuana. Siegel cited these in a Facebook post. He also linked to a WFMZ-TV69 news article published back in 2013, when he allegedly punched his girlfriend. Interestingly, this charge no longer appears on the state website for criminal cases, so those charges may have been expunged. 

The day after this group photo, Aviles was arrested again and charged by Allentown's constabulary with terroristic threats, disorderly conduct (fighting) and, of all things, jaywalking. Bail was set at $10,000 (10%), but Eddie was sprung by a professional bondsman. A preliminary hearing is pending. 

This was all red meat to Josh Siegel, who thought nothing of marching with convicted felon Hasshan Batts in Allentown Streets and even doxed Allentown's Mayor for the amusement of thugs who called and threatened to burn down his house. 

According to Siegel, "this isn’t new — Aviles has a violent history, is deeply unstable, and even harassed the Mayor of Allentown into needing security.

Yet MacLean and Mackenzie still chose to walk beside him.

They knew who he was.

They still showed up with him.

Because this is who they are:

✅ The GOP wants control over women’s bodies.

✅ They protect abusers and predators.

✅ And now, they walk door-to-door with a man who has a violent past and a fresh arrest.

Enough is enough.

So sayeth the man who walked the streets of Allentown in the middle of the night with abusers and predators to chants of "Fuck the Police."

Needless to say, both Honest Abe and Michael Molovinsky take a dim view of Siegel's slurs. Molovinsky writes, Eddie now gets into what John Lewis used to call good trouble. Standing up for the homeless won't lose votes with most people.

Of course, a GoFundMe has been started for Edie Cares, calling him "a hero who protects us all." According to the GoFundMe, "While peacefully advocating for housing justice, Eddie was arrested and now faces legal charges — nuisance, terroristic threats, disorderly conduct, and jaywalking. Some of the tents and supplies meant for unhoused people were discarded in the process. Eddie cannot carry the resulting legal expenses alone." It has raised $50.

Bethlehem City Council Solicitor Tells Council Members to Shut Up and Circle the Wagons

On Friday, I told you that Zach Cole-Borghi, an elected Lehigh County Commissioner and Bethlehem City's Right to Know Officer, had been arrested at City Hall on Thursday on drug-related charges. Quite obviously, when a public official is accused of criminal activity, the public should know Solicitor. But Stephane Steward, Bethlehem's City Council Solicitor, would prefer to keep you in the dark. She has instructed Council members that if they receive any inquiries, they are to respond with "no comment."  

I would like to know the basis for this "legal" advice. She does not represent Cole-Borghi. She does not even represent Bethlehem. She represents City Council. Individually, they have as much right as you or I do to slam or defend Cole-Borgi, who worked for the City and not for them. 

What I suspect is that Council President Michael Colon, who is afraid of his own shadow and has the backbone of a jellyfish, wants to circle the wagons and Steward has dutifully attempted to muzzle them. 

Here's her email. 

Hello Council members,

I just read of the arrest of Zach Cole-Borghi on the WFMZ website, and I wanted to reach out to offer guidance and to answer any questions you may have regarding comments by Council members. Insofar as Bryan and Grace were contacted and offered the limited comments that they did in the article I read, brief and general comments like theirs, acknowledging the arrest or calling it unfortunate, are fine. That said, if any of you are contacted further, I recommend that if you respond, you do so with 'no comment'. This is the best course of action when faced with a pending criminal matter. My guidance is the same regardless of the forum and would extend to Council meetings and any other opportunities or requests for comment.

I hope you all have an enjoyable Labor Day weekend, and I look forward to seeing you Tuesday evening.

Thank you,

Stephanie