NorCo Council Introduces Civil Rights Comm'n Ordinance

At their meeting last night, Northampton County Council members Jason Boulette and Jeff Warren agreed to introduce an ordinance (you can see it here) that establishes a county civil rights commission. Typically, Council members wait to discuss the merits of proposed ordinances until there is a public hearing. That will occur on March 19.  

The purpose of the ordinance, as stated in the bill itself, is to "declare [the county's intent] to promote the rights and opportunities of all persons to participate in the social, cultural, recreational, and economic life of the County and to assure equal opportunity for all persons concerning employment, housing, education, health care, and use of public accommodations without regard to actual or perceived race, ethnicity, color, religion, creed, national origin, ancestry, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), gender identity, gender expression, sexual orientation, genetic information, physical marital status, familial status, GED rather than high school diploma, or mental disability, relationship or association with a disabled person, source of income, age, height, weight, veteran status, use of guide or support animals and/or mechanical aids, or domestic or sexual violence victim status."

The Commission envisaged by this ordinance consists of seven members appointed by the Executive, which County Council can confirm or reject. Members will reflect the diversity of protected classes. If the commission finds that a complaint of discrimination is substantiated, it can fine the offender up to $600.

Although Council members themselves will make their arguments two weeks from now, the proposed ordinance had support from several members of the public, including Lehigh Valley Justice Initiative's Joe Welsh. In a previous life, Joe Welsh litigated numerous civil rights discrimination lawsuits. He encouraged the creation of a human relations commission, noting that federal and state agencies that oversee discrimination complaints are completely overwhelmed and can take over a year to investigate and resolve complaints. 

Welsh stated that earlier that evening, "I stood here ... and saw every single member of council, put your hand over your heart, and pledge allegiance to the principle of liberty and justice for all. And that is a fundamental goal and cherished aspiration of the United States of America. And this piece of legislation, you can consider the enabling legislation for that lofty goal."

In other business, Northampton County Council voted 5-3, with one abstention, to support a resolution opposing ICE warehouses in Northampton County. The measure was supported by Council members Ken Kraft, Kelly Keegan, Jeff Warren, Nadeem Qayyum and Jason Boulette. It was opposed by Council members Lori Vargo Heffner, Tom Giovanni and Dave Holland, with Theresa Fadem abstaining.

Warren, who is running for State Representative, said that he and Boulette worked on this resolution for several weeks. He noted that Bucks County recently approved a similar resolution and took umbrage with a claim by Upper Mount Bethel's Charles Baltic that the resolution is unconstitutional.

Council Solicitor Matt Deschler assured County Council that the resolution passes constitutional muster.  

Baltic made that claim during courtesy of the floor and wondered why County Council is getting involved in a federal matter when they should be paying closer attention to county finances. 

Why did Fadem abstain? She is a code enforcement officer in Hellertown. "My role in code enforcement requires that I apply ordinances and applicable state and federal laws fairly, consistently. And without bias. Property owners have established rights under the law. And if a proposed use is permitted under zoning ordinance, and the applicant follows all the required procedures, meets all the safety in building and land development standards, and satisfies all their legal requirements. We don't have the authority to oppose that use based on our personal or our political viewpoints. To do so would be inconsistent with the rule of law and the oath that, at least, I have taken."

Vargo Heffner's problem with the resolution was a passage echoing Executive Tara Zrinski's call "for industry and real estate leaders to decline to sell or lease industrial warehouse facilities to the federal government for the purposes of mass detention." Vargo Heffner added, "We don't have the right to say what people can or cannot sell." Holland shared Vargo Heffner's concern and suggested removing that portion of the resolution, but no one made such a motion. 

Kraft supported the resolution because an ICE purchase of a warehouse would remove the property from the tax rolls. In addition, he complained that most warehouses are "tilt ups" set up in a way that may be large, but has little actual living space in terms of restrooms, showers, etc. 

Giovanni opposed the resolution. "We're trying to be a zoning body and we're not," he said succinctly. 

During this meeting, Executive Tara Zrinski provided yet again an exhaustive report of what is going on in the county, department-by-department. I'll share what she had to say on Monday. 

Government by Litigation in NorCo is Never a Good Idea - Part Two

Yesterday, I told you about a squabble between the Northampton County Council and Executive that spilled over into the courts. Was it about the Executive's failure to follow a county council resolution that provided for retention bonuses at Gracedale? Nah. Did it involve a novel interpretation of the Home Rule Charter or Administrative Code? No. It was instead a petty dispute over audio-visual upgrades to Council's meeting room. They both look silly. Today, I have yet another example of government by litigation. This is a second lawsuit, this time by District Attorney Steve Baratta, concerns the Executive's refusal to allow him to fill a vacant "Senior Deputy" position at a smaller salary than its previous occupant.  The Executive advised that only County Council could approve this hire at a smaller salary than the one originally approved. Why Baratta just didn't go to County Council is a mystery to me. Why the Exec insisted on getting Council approval for a position they already established at a higher wage is another puzzler. Instead, they've been more than willing to govern by litigation.

The procedural history of this simple disagreement makes it sound like the case of the century. Baratta starts with a complaint in Mandamus and a Motion for peremptory judgment. The County responded with a Motion to Strike the Motion for peremptory judgment, and Baratta hit back with preliminary objections, to which the county responded with its own set of preliminary objections. 

Who's on first?

After shoveling his way through all the legal manure, sustaining this and overruling that, President Judge Craig Dally (who got stuck with this case as well as the County Council spat) does conclude that there's a "reasonable expectation that the County Executive will continue to attempt to manage the District Attorney's Career Exempt Employees [nonunion] in clear violation of the Northampton County Home Rule Charter, unless a resolution is promulgated by this Court."

Judge Dally not only dismissed the Executive's attempt to strike the DA's motion for peremptory judgment but has actually scheduled a hearing on that matter for March 18 in a separate order from what you see below. 

The office of District Attorney is a constitutional office and is an independently elected office. In numerous cases filed by former District Attorney (now Judge) John Morganelli, the courts have long recognized that the DA, like the courts, has the right to hire, fire, promote and demote as he sees fit. His only real limitation is the budget approved by County Council. The Executive should never have injected himself into another independently elected office. 

DA v. McClure Decision on Preliminary Objections by BernieOHare

NorCo Council to Consider Establishment of a Human Relations Commission

At tonight's meeting of Northampton County Council, an ordinance establishing a Human Relations Commission will be introduced.  The text will be available tomorrow, at which time two sponsors will be identified. Bethlehem, Allentown and Lehigh County have all established Human Relations Commissions. Most human relations commissions were inspired by the Civil Rights movement in the '60s. 

In other business, Council will consider an "ICE warehouse resolution."

Government by Litigation in NorCo is Never a Good Idea - Part One

Government by litigation is always a bad idea. But late last year, a frustrated Northampton County Council sued former Executive Lamont McClure over unfinished or defective audio and visual upgrades to County Council's meeting room. 

After several requests went unfulfilled, Northampton County Council actually adopted an Ordinance for these upgrades in late 2023. According to the terms of this Ordinance, the upgrades were to be completed by June 2024. Under the Home Rule Charter, the Executive has a duty to enforce and fulfill County Council ordinances. 

Then Exec McClure vetoed the Ordinance, but the only Council member who voted to sustain that veto was then Council member (and now Executive) Tara Zrinski. At that point, the Executive had a duty to enforce and fulfill County Council ordinances. That's what the Home Rule Charter requires. 

Ron Heckman, a former Council member, was participating in meetings remotely and routinely complained that he was unable to hear or see what was happening. When he would speak at meetings, his voice would often cut off, and no one could hear him. It was suggested that he might be responsible himself for his technical difficulties, but he insisted that this was a systemic problem that the Executive branch chose to ignore.

I myself have noticed that the sound quality of meetings has deteriorated, although there are still tooo many Council members who forget to use their mikes. 

Northampton County Council actually adopted an Ordinance for these upgrades in late 2023. According to the terms of this Ordinance, the upgrades were to be completed by June 2024. Then Exec McClure vetoed the Ordinance, but the only Council member who voted to sustain that veto was then Council member (and now Executive) Tara Zrinski.

After Tara Zrinski was sworn in as Exec, I thought County Council and the Exec would reach some sort of agreement over this matter, especially since she campaigned with two of the new faces.  This should have been resolved. Nobody wins when one branch of government sues another. It is a waste of time both for the lawyers involved as well as the courts. 

Unfortunately, for reasons that elude me, the case continued  The County Exec argued that a complaint for Declaratory Judgment is an improper form of action. I personally thought that a Mandamus action is probably more appropriate but am unsure whether the court wished to exalt procedure over substance.

It did.

In a decision filed Monday, which you can read yourself below, President Judge Craig Dally dismissed the lawsuit brought by County Council against the Executive. Because Council was requesting the Executive to do his job, and not just determine rights and obligations, the proper form of action is Mandamus. 

McClure also contended that the County and/or the County Administration should have been named as Defendants. Judge Dally disagreed, noting that the Home Rule Charter specifically provides that it is the Executive's responsibility to enforce County Council ordinances. 

To sum it up, County Council's lawsuit is still alive. It can amend its complaint and seek relief in mandamus and without joining any parties aside from the Executive. I would hope that County Council and the Exec can now resolve this matter without wasting everyone's time. 

Unfortunately, there is another case between the DA's office and the Exec that is even more wacky than this one. I am still trying to figure out all the goofy pleadings filed. There's even a third action that has been in the appellate courts and back a few times over a former improperly fired employee seeking back pay. I'll tell you about them tomorrow. 

Northampton County Council v McClure by BernieOHare

How Do Congressional Candidates Feel About Strike on Iran

Incumbent Congressman Ryan Mackenzie -". The world will become a safer place in the long run because of President Trump’s actions."

Robert Brooks -"The Iranian people deserve freedom. Our kids deserve a country that learns from its mistakes. And our troops deserve better than another war in the Middle East. Especially without Congress signing off."

Ryan Croswell - "No one doubts the Iranian regime is dangerous and repressive, but starting a war without a clear objective, without a defined end state, and without Congressional authorization, puts our troops at risk and weakens the very rule of law they swear to protect and defend."

Aiden Alexander Gonzales - nothing on Facebook. 

Lamont McClure - refers to it in passing as an "undeclared, unauthorized war in Iran."

Carol Obando-Derstine - "Regarding the strikes in Iran today - the American people re-elected Trump in hopes of seeing lower gas prices, lower utility bills, and less inflation. But, what we're seeing is unilateral and unchecked decisions to deploy illegal tariffs, launch foreign wars, and experiment with regime change. We deserve better."

Lewis Shupe - nothing on Facebook.

The Attack On Iran Was Overdue

Regular readers of this blog know I detest President Donald Trump. But I agree completely with his decision to authorize a joint US-Israeli attack aimed at Iran. It's about time. 

We've been at war with Iran since 1979, when that country's militants attacked our embassy in Tehran and took 66 hostages. That war has continued with the murder of American troops in Beirut and with the IED devices it supplied to kill hundreds of Americans in Iraq. It has been a state sponsor of terror, arming Hamas, Hezbollah, Palestinian Islamic Jihad, Houthis and Shia militias. While denying nuclear ambition, it had enriched uranium nearly to the point in which it could build a nuclear bomb. This is the country that has referred to the US as "the Great Satan." It has called Israel a "cancerous tumor," using language that would make Hitler proud.

It brutally represses dissent. It has killed thousands just over the past few months. There is no gender equality. Women are inferior and can be beaten or fined if caught without a hijab. If you're gay and caught in a relationship, the punishment is death. Prostitute? Death. Blasphemy? Death.  

So yes, this attack is overdue.

Is it legal? Many experts say No and that Trump needs Congressional authoriztion. They are forgetting his Article II powers, which are provided for in the Constituion. I believe it imbues the President with broad authority to use military force as he sees fit. This is also what past Presidents have done.

The Gracedale Resident Who Called Wolf ... 275 Times

In Aesop's Fables, the little boy who cried "Wolf, Wolf!" only succeeded in fooling villagers twice before they stopped believing him. At Gracedale, resident Tanya Hatch has cried "Wolf!" at least 275 times over an 18-month period. Her incessant 911 calls, which now have come close to 300, has landed her in hot water with Upper Nazareth Tp police. She's been charged with an assortment of misdemeanors and felonies over her penchant for calling 911 to complain of nonexistent medical emergencies as well as an attempt to falsely incriminate a nursing aide. 

Hatch is just 29 years old. This strikes me as an unusually young age for someone living in a nursing home. At one time, that may have been true. These days, around 20% of nursing home residents are under age 65.  

She's been charged in two separate complaints, filed February 18 and February 21, which you can review yourself below. 

In the Complaint filed February 18 by Officer Cory Fluck, Hatch is charged with false alarms to public safety agencies (a first-degree misdemeanor) and misuse of 911 (a second-degree misdemeanor). She had placed 275 calls to the 911 emergency number for nonexistent medical emergencies between July 23, 2024 and January 6, 2026. After being told to stop crying "Wolf!", she placed 22 more calls to 911. 

In addition, she's been charged with making a false report with the intention of implicating another (a second-degree misdemeanor). According to an affidavit of probable cause filed by Officer Fluck, a nursing assistant watched her lay on the floor and prop her head up on a tub to make it look as though she had fallen and hit her head. When confronted, Hatch accused the nursing assistant of recording her in her private room.  

A second Complaint filed February 21 by Officer Zach Dugan charged her with a third-degree felony for two more false alarms within a 20-minute span despite previous warnings and criminal charges. 

First degree misdemeanors carry a maximum sentence of five years imprisonment. Second-degree misdemeanors carry a maximum sentence of two years in jail. A third-degree felony is punishable by up to seven years in jail. 

Can a nursing home resident who engages in criminal behavior be evicted? If it's a Medicare and Medicaid nursing home like Gracedale, the answer is generally No. A resident can be evicted "if their welfare, or that of other residents, is endangered by their continued presence, such as when behavior poses a threat to safety or health. Discharge is also permissible if the resident’s needs cannot be met by the facility, meaning the required care exceeds what the nursing home provides. Finally, a nursing home can discharge residents if the facility ceases to operate."

Hatch Criminal Complaint by BernieOHare