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.
22 comments:
This sentence confused me Bernie: "President Judge Craig Dally dismissed the lawsuit brought by County Council against the Executive" because you followed it with "the lawsuit is alive and well". I don't think the lawsuit was dismissed from that order - I didn't read the opinion.
Enter the gladiators, the clown show will dazzle all with their moronic escapades!
Bernie O’Hare to 12:17, the case was dismissed, but without prejudice. This means county council can amend its complaint and try again. But as I said in my story, it would be better if council and the exec could just work something out.
Just fix the shit
Simple and not needing of a lawsuit
HELP WANTED. Elected public officials who operate at an adult level, take personal responsibility, and unselfishly perform to the best of their ability in service to all citizens residing within their designated district.
Council would be wise to let this go. If there ever was a hearing, the evidence is going to be that Heckman’s hardware was the problem.
I think you’re wrong. There are holes in the Charter that need to be filled by judicial interpretation.
If you thought Zohrinski would improve county government from McClure, you were wrong. She's Temu McClure, kind of like the original but with a much lower IQ. Meanwhile, McClure ran scared from the Gracedale disaster he made worse, and won't have a chance in the Congressional race. Does he get to keep campaign donations from his failed campaign?
So, County Council lost due to bad lawyering ?
NORCO - if it wasn't so sad it would be funny.
All the upgrades were completed last year. The case is moot.
There is no hole in the charter that would require a declaratory judgment. Under the Charter, the county executive "shall ... execute and enforce all ordinances of the County." (Section 302(1)). No wiggle room there. The proper legal action to ensure that occurs is through a mandamus action. That is a lawsuit that seeks an order requiring a public official to do his job.
Everything asked for in Giovanni's ordinance was installed, just because Heckman and the staff can't run it does not mean a lawsuit is in order. Maybe if Mr. Xerox could put together a real ask with software etc then and maybe then the system will work
Speaking as a member of the public who watches these meetings on Youtube, I believe the sound quality has diminished on some (not all) devices. Could be me. Could be your system. I agree that Ron, who habitually failed to use his mike when he was present at Council meetings, could partially be at fault. But it is Council, and not Heckman, who voted to sue. But it's silly. This is something that should be resolved without judicial intervention. You all look petty when you sue each other.
Great post@
Bad lawsuit just fix what needs to be fixed and how about we pass a resolution requiring to be in person with a limit on expectations? The Covid days are long gone go in person
If only Ron was as handy with basic tech as he is with his blow dryer, meeting sound would be as fabulous as his hair.
Agree 100% with you Bernie, they look silly and stupid and LVH will not let it go, she insists that they keep the suit going and not let it go. Maybe they will have another executive session thursday to talk about their next move.
I’ve found the audio to be better on my phone than on a PC.
The main issue is talking into the microphones.
I agree with Bernie ouncil’s lawsuit was ridiculous, and they look stupid. Their case got thrown out, and if it’s ever decided on the merits, they’ll really look dumb.
Turning the microphones on and increasing their volume is the big factor here. BO always legitimately harped to council members to speak up, turn on their mic, or speak louder. Most members could project their voice out to the courtroom and be heard if they wanted.
LVH is a very stupid government Representative. She is a nice person that doesn't know how to function properly as a representative of the people. Being Vindictive and abrasive is not going to accomplish anything. Wise up Lorrie.
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