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.
14 comments:
The next 4 years are going to be very entertaining. Stock up on reporter notebooks, BO.
I believe that SCOTUS recently ruled that new resolutions or additions to agendas need not be advertised, and can be voted upon by councils without past practices.
You know what grand juries love? Electeds getting deeply involved in procurement
LVH is going to try and brainwash the new council people and mesmerize them with her points of the CC has equal power to the executive. But in reality she is just in this to obstruct the CE because she loves that she can. She has some interest in what is best for the county, but the real nitty gritty is that she thrives on the power to manipulate people and show Bernie how powerful she is. Let’s hope that the new people see through her and make their own decisions instead of being her, what do you call them Bernie? Rubber stamps?
This is a perfect example of her railroading the CE’s power and not letting the new council make up their own minds about this overreach. She doesn’t trust them and they haven’t even been sworn in yet!
LVH is going to try and brainwash the new council people and mesmerize them with her points of the CC has equal power to the executive. But in reality she is just in this to obstruct the CE because she loves that she can. She has some interest in what is best for the county, but the real nitty gritty is that she thrives on the power to manipulate people and show Bernie how powerful she is. Let’s hope that the new people see through her and make their own decisions instead of being her, what do you call them Bernie? Rubber stamps?
This is a perfect example of her railroading the CE’s power and not letting the new council make up their own minds about this overreach. She doesn’t trust them and they haven’t even been sworn in yet!
Lori Vargo Heffner is in violation of the HOME RULE CHARTER but she doesn't understand because she simply doesn't know how to exercise her Legislative powers. As a Council person you serve as a "check and balance" to the Administration. If you serve on a committee that is purchasing materials for the County you are simply serving as a check on yourself with no outside oversight. This is clearly a violation of the HOME RULE CHARTER. Why hasn't her Solicitor told her so? Lori should learn to use her authority as a check on the Administration and learn how to "NOT MICRO MANAGE" through this misuse of her legislative Authority.
Actually, County Council is slightly more powerful than the Exec branch. It is vested with the residual powers in the HRC. It is invested with more specific powers than the Exec. But CC does not administer. That is the Exec's prerogative. Putting up to three or more members on an evaluation committee with PT members makes government inefficient. Plus, I get very leery when someone "volunteers" to review contract bids, especially when vendors are known to make campaign contributions.
I believe that SCOTUS recently ruled that new resolutions or additions to agendas need not be advertised, and can be voted upon by councils without past practices.
It's true that the Pa Supreme Court, not SCOTUS, has recently weighed in on and has weakened recent changes to the Sunshine Act concerning additions to the agenda. But the Supreme Court still ruled that the agenda must be amended at the onset of the meeting to include what was a nonagenda item. This did not happen. Hence, the Sunshine Act was violated. https://law.justia.com/cases/pennsylvania/supreme-court/2025/33-map-2024.html
Could you imagine what the county would look like right now if LVH and Ron, i have great hair, Heckman did not obstruct everything the executive wanted to do, heck the garage would be 3/4 of the way finished already, the new building would be enclosed, The employee health center would be up and running and saving the county millions on costs, the bond issuance would have a lower interest rate, if those two did not drag their feet, Maybe Bernie should do an article on what exactly LVH and Heckman did for the county besides stand in the way of smart government and growth.
I thought Keegan only voted with the other two. Funny to see her think for herself isn't it?
11:10, Let me respond. 1) The garage project could be 3/4 done by now. But part of the reason why it is not near completion is bc McClure tied it to a new county building and took some time to realize that he could get the garage of he dropped the building. 2) The new county building may not be needed bc the county could pursue remote work for HS caseworkers instead of requiring them to all come in every day. That option was not fully considered. In fact, it was not considered at all bc of a poor experience in the past. But it should be. With proper training, remote work is a definite cost saving measure for many employees. 3) I believe the health center for employees was and remains a good idea that would both help employees and save the county money. But Council makes the decision on pulling the trigger, and the administration failed to convince them. I believe McClure was right on this health center, but unfortunately, Council members and McClure had strained relations. They are both at fault for this. 4) I believe the bond issuance would be at a lower rate if floated sooner, but as I explained, the administration is partly responsible for that delay.
HEY as the old saying goes, Even a broken clock is right 2 times a day.
If you don't kiss the great leader's ass, that makes you an obstructionist?
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