NorCo Exec Vetoes Ordinance That Tramples Executive Power and Violates Sunshine Act and Robert's Rules

Northampton County Council may have thought that it conducted its last meeting of the year on December 11, but it looks like they will be meeting again on Thursday night.  A special meeting has been called for the express purpose of overriding McClure's veto of an ordinance adopted on December 4 that appears to have been adopted unlawfully. 

When NorCo Council met on December 4, it had a packed agenda. This included a vote on budget amendments, the budget itself, the millage rate and several related resolutions. Though that should be more than enough business for one meeting, Council President Lori Vargo Heffner wanted to reconsider a proposed ordinance that was previously tabled by Council by a 9-0 vote on August 7, nearly four months before. 

When this proposed ordinance was tabled, it was tabled indefinitely, not to a specific date. Under Robert's Rules, when an item is tabled indefinitely, it dies. If Vargo-Heffner wanted to consider it again, she would need to re-introduce as a new ordinance, and a public hearing would be needed. 

This was the point made by soon-to-be Judge Jeremy Clark at an Easton City Council meeting on December 10 concerning an unrelated ordinance that had been tabled several months before. "If the matter is not addressed by the next meeting, the matter technically dies and then it must be re-introduced and voted on again."

This procedural rule prevents some Council members from blindsiding others, including the public, concerning a matter that everyone thought had been put to bed. It's a matter of basic fairness.   

I suspect that Vargo-Heffner wanted to get this ordinance adopted now because the incoming County Council would hesitate before hamstringing incoming Executive Zrinski. 

In addition to violating Robert's Rules. the resurrection of this dead ordinance also violates the Sunshine Act.  Northampton County Council must publish an agenda for an upcoming meeting 24 hours in advance. This item was missing from the published agenda. It could be added, but Council is required at the onset of the meeting to vote and approve changing the agenda. That never happened. 

In a veto message dated December 11, McClure points out yet another potential Sunshine Act violation. The ordinance requires that the Council President can appoint as many members as she wishes to a committee that evaluates bids. This is an invitation to back-room meetings instead of conducting business in a public spotlight. 

McClure also called the ordinance, which injects County Council into procurement, an impermissible encroachment into the Executive's power to administer county government as set forth in Article IX of the Home Rule Charter. While I strongly support a tight rein on the executive branch, packing evaluation committees behind closed doors with part-time Council members will make county government more unwieldy and present more opportunities for mischief. This goes far beyond legislation and oversight and makes Council members mini-Executives. 

Council member Ken Kraft argued that the now nontabled ordinance, which was "wordsmithed" to include far more Council involvement in the procurement process than in the original proposal, should be advertised before a vote is taken. He also said Council is "overreaching" and that Vargo Heffner is micro-managing. "You're getting in the way," he said. "You're tripping over nickels to save pennies."

Council member Kelly Keegan said she should have had 24 hours' notice and is right because that's what the Sunshine Act requires. 

In the end, Count Council voted for the change in procurement with only Keegan voting No. I have problems with it substantively but am more troubled that it was adopted both in violation of the Sunshine Act and Robert's Rules.