Baratta Provides a Primer on NorCo Governance

As NorCo's top prosecutor, DA Steve Baratta is a busy guy. Though short-staffed, his office is responsible for prosecuting those accused of violations of both the Crimes Code and Vehicle Code. His office has empaneled a Grand Jury to deal with complex crime and cold cases. He handles civil forfeitures and can bring public nuisance actions against bars that routinely engage in criminal activity. His office can also file actions against public officials who are in office unlawfully. Though his plate is full, Baratta was unnecessarily forced to appear before County Council twice last week in an effort to hire a prosecutor at a reasonable salary. Though County Council readily agreed to give him what he wanted, his trips should have been unnecessary. Unfortunately, the Executive (both current and former) has a rather exalted and authoritarian view of its ability to run the county. This flies in the face of the Home Rule Charter and numerous other documents. He's found it necessary to seek judicial assistance in the form of a mandamus action to clip the Executive's wings just a bit and recently filed an excellent and highly informative brief (you can read it yourself below) that outlines the varying roles of District Attorney, County Council and Executive.   

Over the past two years, there have been 11 instances in which the Exec has prevented Baratta from onboarding new hires. In the lawsuit filed by Baratta, President Judge Craig Dally has already concluded 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." He has dismissed objections filed to Baratta's lawsuit, but the county has basically filed the same objections all over again. 

Baratta's brief should be a primer for anyone interested in county governance. Although reading his brief is the best way of understanding it, here are some of his highlights.

First, NorCo's Home Rule Charter, approved by the voter referendum in 1978, creates a "Strong County Council Form of Governance."  This is completely contrary to assertions made by Exec Tara Zrinski at a Council meeting a few weeks ago that the Charter creates a strong executive form of government. 

To be sure, she is responsible for the administration of a $500,000,000 million budget. She manages a wide array of county departments, from Public Works to Human Services to Court Services to Corrections.  The Charter specifically names County Council as the "governing body" and provides that all residual powers are vested in Council. As Baratta explains, Council has the sole power to legislate and regulate all County business. The Charter also endows Council with perhaps the even more awesome power by granting complete control over county revenue and expenditures, as only County Council can tax our citizens and only County Council can allocate taxpayer funding for county business, It does so by adopting the annual County Budget. As former Council member Ron Heckman was wont to say, Council has the "power of the purse." The Charter even gives County Council veto power of her high-level cabinet picks.

Baratta warns that Zrinski's strained view of the Home Rule Charter has no basis, but "comes out of the playbook for authoritarianism, where governmental power rests with a single person." 

This view is dangerous and erodes our democratic form of government. We've seen President after President (not just Trump) rule by Executive Order. We've seen governors shut down entire state economies with emergency powers they were reluctant to give up.

Even County Council, the governing body, operates under a "rule of five," another Ron Heckman expression. No one person is or should be sovereign. We've known this since the days of Roman Republic, where two consuls were elected to rule together, and only for a year.  

Second, the District Attorney, like the Controller and even the courts, is an independently elected office with immense power under the Home Rule Charter to hire and fire members of the exempt service. The exempt service includes political hires like the cabinet picks made by the Exec or County Council Clerk, It also includes "permanent, part-time professional employees" like assistant DAs.  

Third, the District Attorney recognizes that his authority to hire and pay assistant DAs is limited by the budget appropriated to him and the pay scales set by County Council. "The District Attorney may only spend the monies that are appropriated to him by Council. Each exempt employee may only be paid pursuant to the pay scales approved by Council. As he explains elsewhere in his brief, his guardrails are "the budgetary dictates of County Council, the creation of the position control slots and the pay scales set by County Council for each position control slot." 

Recently, County Council shot down the Exec's request to hire a Fiscal Director at a higher point in the pay scale. If the DA can do this, why can't she? 

Baratta addresses that situation as well. He notes that "the process for hiring exempt employees for the District Attorney is different from the cabinet level exempt employees hired by the Executive. The Charter places no restriction on the District Attorney's hiring of exempt employees other than the Council's budgetary decisions, which include the pay scales. Whereas the Charter endowed with Council that duty to provide advice and consent to the Executive with regard to exempt appointments, including cabinet level appointments, by the Executive.  Therefore, the Executive must submit exempt employee candidates to Council for prior approval before they can be hired. Likely, the difference is Council's over-arching duty to legislate, budget and supervise the County Executive related to the delivery of governmental and social services to the citizens. Whereas the District Attorney's duties are fundamentally different from the duty to govern; instead, the District Attorney's duties are constitutionally based as a separate branch of government charged with prosecuting citizens who violate the Crimes Code." 

Fourth, Zrinski complains that Baratta seeks "unfettered authority to cut checks from a checkbook that belongs to the County." But Baratta only seeks to spend money out of what has been allocated to him by County Council in his annual budget and according to Council's pay scales.  He "recognizes that the County is currently suffering significant financial stress, apparently related to the inability of the Administration to meet its expenses from the $500,000,000 budget to the Executive by Council. However, poor fiscal management and/or overspending Council's budgetary funding has not been a problem created by the District Attorney. ... Should the Executive have continuing concerns about protecting 'her' money, the District Attorney assures the Executive that it is OK with him if she keeps all her checkbooks and money locked in her desk drawer."

Before leaving this story, I noted that the County used outside Council to litigate this matter.  The firm being used is the one that usually deals with union issues. But what is involved in this casee goes far beyond a simple employee matter. It involves important questions about the power of the Executive, County Council and independently elected offices. In a case like this, the Solicitor's office should be taking the lead.  

Baratta Brief by BernieOHare

Baratta Brief by BernieOHare

Ortiz Claims She Resigned from Allentown Redevelopment Authority Because of Mismanagement, Conflict of Interest

On Wednesday, I told you that Allentown Redevelopment Authority (ARA) is being sued by Allentown-based developer Nat Hyman.  In January, on the motion of then board member Jessica Ortiz, ARA voted to seek proposals (called RFPs) to redevelop the old Allentown Toy Factory, located at 725 10th Street, with an emphasis on affordable or workplace housing. But Ortiz has since resigned from the ARA, claiming she "resigned months ago because I felt there was conflict of interest ( not with me) , miss management [sic] and [s]o much more."  At a hearing, Ortiz can be asked to elaborate on this conflict of interest, mismanagement "and so much more." 

Hyman proposed buying the property for $10,000 more than it cost the ARA, proposed 20 apartments with all on-site parking and without any financial contingencies. 

But after a back-room meeting in which at least two board members participated, ARA went with developer Warren Lim. Under his proposal, ARA would lose between $50,000 -$100,000 over what it cost to acquire the Toy Factory. He proposed either 6 apartments and a daycare, or 12 apartments. His deal is also contingent on his ability to get a $1.39 million loan. There would be no on-site parking.  

Why Does Kraft Pressure Zrinski To Deliver Quick Reports?

When Lamont McClure was NorCo Exec, he often delivered lengthy addresses, although his focus was usually two or perhaps three matters. I heard no complaints from Council member Ken Kraft. 

Executive Tara Zrinski has provided lengthy reports as well. But unlike McClure, she goes into detail about what is going on in numerous county departments. They are very informative. But last night, as he has done several times before, Kraft pushed Zrinski to be as quick as possible. In an effort to comply, she began speaking fast. When she was done, Kraft revealed he actually timed her. 

I have to wonder why Kraft never complained to McClure during his sometimes-lengthy reports. Could it be because McClure, unlike Zrinski, is a member of the penis club? 

Zrinski is the county executive and should be free to take the time she needs to update Council and the public about what is going on in the county. If this is too much for Kraft, he should resign.

After Zrinski was finished, Council member Theresa Fadem thanked her for these informative reports. I like that. It was one woman sticking up for another in what certainly seemed to me like a perfect example of discrimination against Zrinski because she is just a woman.  

NorCo Council Opposes Hercules Cement's Desire to Release More Nitrogen Oxide and Volatile Organic Compounds Into Our Air

Elected officials will dispute this, but they tend to be a lot more responsive to developers and vendors who give them huge chunks of money, than they are to the unwashed masses. But there are rare occasions when one person can make a difference.

Two weeks ago, Upper Nazareth resident Becky Bartlett asked the county to oppose a proposal by Hercules Cement (these days it's called Buzzi Unicem) that will allow what is now an Italian conglomerate to spew more nitrogen oxide and other volatile organic compounds into the air we breathe. Last night, NorCo Council listened. By a 7-0 vote (Council members Lori Vargo Heffner and Jason Boulette were absent), they adopted a resolution to urge the Pa. DEP "to deny Buzzi Unicem's request and require the facility to retain strong NOx and VOE emission controls."

You can see the resolution yourself here. A similar resolution has already been adopted in Upper Nazareth Township. 

Interestingly, there is no data on NO releases by Hercules' Stockertown plant. But its TRI release for 2024 indicates that it does release a helluva' lot of volatile (and toxic) organic compounds. It spewed 6,000 pounds, with ammonia being the biggest amount. Ammonia is both corrosive and highly irritating to human tissue. It also releases mercury and lead compounds. 

Currently, PennDOT is hard(ly) at work, fixing a Rte 33 bridge near Hercules for the third time. There is little doubt in anyone's mind that work at the quarry causes sinkholes everywhere.  

NorCo Jail on Track for $4.5 Million in OT in 2026

DeeAnn Lawrence, Northampton County's Corrections Director, told County Council in April that there were just 161 corrections officers (COs) in a jail even though there should be 212. Things are going from bad to worse. 

Brandon Dunstane, the county's budget administrator, reviewed the county's finances over the first half of this year. We all recognize that the vacancies at the jail create a stressful environment for staffers who can be and are mandated to pull 16-hour shifts.  But this also places huge financial burden on the county. 

Dunstane told Council Prez Ken Kraft that corrections officers are now down to 135 from what was reported in April. As a result, it has already burned through its $2 million overtime budget for 2026.  Dunstane believes the county is on track to spend $4.5 million in OT, more than twice the budget. 

The county's second largest financial concern is Gracedale, the county-owned nursing home. Dunstane noted that the county adopted a budget amendment early in 2026 to make a $6.8 million county contribution to the nursing home because it ended 2025 with a $6.8 million deficit. 

After this contribution, however, it soon became apparent that Gracedale was not as badly off as originally thought. Some of its Medicaid applications (Gracedale usually has about 100 Medicaid applications outstanding at any given moment), were approved during the first three months of 2026, and this reduced the $6.8 million deficit to just $3.6 million.  As a result, Gracedale has a fund balance of $3.2 million which might be large enough to cover this year's deficit. 

Dunstance stated that Gracedale's deficit at the end of June was $1.1 million with an average census of 475. This is below the 520 census needed to break even, and it continues to drop and is currently in the 460s. Dunstane predicts the census at year's end may be more than $2.2 million. But if I understand him correctly, a county contribution for 2026 might be unnecessary because of its $3.2 million fund balance. 

He also mentioned a few other items of interest.

Dunstane indicated that the cost of the daycare at Gracedale comes out of the Human Resources budget. I believe this more appropriately belongs with Gracedale budget since this perk exists for Gracedale employees. 

Durstane indicated that two county sheriff cars were totaled and had to be replaced. 

He finally indicated that Executive Tara Zrinski, who can be seen just about everywhere, is blowing through her travel budget for 2026. He will be seeking a small increase for her to continue to attend conferences and lobby for the county. 

Allentown's Redevelopment Authority Playing Games With Toy Factory

Back in January, Allentown's Redevelopment Authority (ARA) voted to issue what is known as a Request for Proposals (RFP) for the old toy factory located at 725 10th Street. Amazingly, two then members of this five-person board (Jessica Ortiz and Christopher Raad), just happen to be realtors. No conflict there. 

Unlike a sealed bid, a request for proposals gives the selectors a lot of wiggle room. They can actually award a project based on factors other than price, though I'd hope that a governmental entity would at least try to be frugal. 

Surprise, surprise! That's not what happened with the Toy Factory. There were two proposals, and the ARA is going with the one that makes the least sense, at least for now. A lawsuit recently filed by Nat Hyman, whose proposal was rejected, has thrown a monkey wrench into things.

Though he actually lives in Allentown and is one of the very few developers who actually has a track record of successful projects inside the Queen City. But he's no ass-kisser and generally refuses to bend the knee to those local governmental officials who can be both supercilious and officious.  

Hyman proposed buying the Toy Factory for $410,000, about $10,000 more than it cost the ARA. The stated purpose of the RFP was to create workforce and affordable housing. Hyman proposed 20 affordable apartments and would be able to provide parking on the site with no need for off-street parking. 

Hyman has a history of 41 projects creating 1,480 apartments. None of these has ever required any taxpayer assistance, no matter how blighted the property may have been.

What about the other proposal? That came from Warren Lim, another realtor who has done 4 projects with 26 apartments. Unlike Hyman, his deal is contingent upon his ability to obtain financing for $1.39 million. Lim had two alternatives. On both of his options the ARA would lose between $50,000 and $100,000 over what it spent to acquire the toy factory. Option A would provide just 6 apartments, a daycare and no off-street parking. The other would create just 12 apartments with no on-site parking. 

It gets better. After both proposals were submitted, Lim was called in for a back room meeting with three of the five authority members, which certainly appears to be a Sunshine Act No No, along with staffers like Vicky Kistler, who reputedly smeared Hyman for daring to insist in an unrelated matter that a homeless encampment was a public safety nuisance. 

After that back-room meeting, the ARA decided that Lim, and not Hyman, was the best choice. That's right. They went with the project under which taxpayers will actually lose money. They are backing a project that is contingent on financing. They are backing a project that will result in less affordable housing.

Along the way, Alan Jennings, who participated in that private meeting along with a quorum of the authority, condescended from his self-adulation to instruct Hyman to apologize for telling the authority that they are full of shit. (figuratively, of course). 

Hyan sued instead. 

By the by, the authority also awarded realtor Lim the project at 540 W Hamilton. 

Governing Notes Allentown Mayor's Push For SNAP

Governing, one of my favorite online sources for local government, published a story yesterday about Allentown Mayor Matt Tuerk. He is one of about 200 mayors asking the Senate to roll back or delay SNAP benefits.

According to Tuerk, about 6,000 people in the Pa. 7th are among the 4 million people who have lost benefits so far. And this is just the beginning. 

Under Trump's One Big Beautiful Bill Act, states will have to assume more of the administrative costs and implement work requirements. If Arizona is any indication, people are in for a rude awakening. In that state, which implemented changes ahead of schedule, half of its food stamp beneficiaries are now off the rolls. This is not the result of fraud elimination but is instead the result of staff shortages and paperwork errors.

 

Tuerk referred to these during his interview: 

"I talked to a woman outside a bodega last week who was on a two-mile walk back from the county assistance office. She had just filed her SNAP benefits renewal paperwork. She's going to have to keep doing that, and at some point, she’s not going to fill out the right form, or something's not going to happen the right way. She’ll lose her benefits."

Tuerk, who grew up using an orange card so he could eat lunch, said his family relied on food stamps to get by. He explains how the loss of this benefit would affect Allentown: 

"When people are facing food insecurity, it changes everything. If they were counting on SNAP benefits to offset the cost of food, and now they can't count on that, it exacerbates rent challenges and can contribute to homelessness. People who are food insecure face health challenges that show up for our emergency responders.

"When our chief of police looks at an environment in which people don't have ready access to food stamps, his concern is that there'll be greater instances of retail theft as people do what they have to do to put food on the table."

I've seen those who always have an angle and know how to milk the system. They will sell their food stamps for cash or cigarettes. But I see many more who simply do not get enough.