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