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

Goffredo and McClure Spar Over Elections and Gracedale

With a county election coming up in November, relations between NorCo's administration and county council have gone from bad to worse.  At last week's meeting, held September 4, Council member John Goffredo and Exec Lamont McClure sparred over elections offices and Gracedale. Later that evening, Goffredo got into yet another argy bargy, this time with Fiscal Affairs Director Steve Barron over a routine budget amendment that actually was tabled. Today, I'll tell you about the tiff between Goffredo and McClure today and continue with his assault on Barron on Tuesday. 

The meeting started on a sour note. A corrections officer disclosed an "ongoing issue" between his union and the bargaining unit representing deputy sheriffs over the transport of prisoners to medical appointments and to hospitals. Though corrections officers are 79 people short, they are being forced to take on this task. He complained that deputy sheriffs get whatever they want, from extra vehicles to more staff, while his union gets mandates. He said he's been mandated to serve 16-hour shifts on eight separate occasions in August alone. 

Though sheriffs are required to shoulder some of this burden, he and his fellow officers are stuck with it. He noted complaints to Human Resources have been ignored and suggested that's because the HR Director is married to the Sheriff. 

Interestingly, he noted that when the Sheriffs do these transports, they often send only one deputy, while COs must use two. (If the CO is accurate on this point, this practice is both unsafe and unwise.) 

Disputes between unions over work and contracts can be resolved through the labor relations board. 

After this first dissonant chord, GOP county chair Glenn Geissinger approached the podium. He said he'd be brief. He wasn't. His complaint was about Executive McClure's decision to establish temporary satellite offices in Washington Tp and South Bethlehem for county resident who might wish to vote there instead of making the trip to the courthouse for what most people consider early voting, though it's technically ballot by demand. 

He insisted that County Council, and only County Council, has this authority and cited a provision in the Elections Code (25 P.S. 2645) providing that it is County Commissioners who fund elections and asked Council to "end the abuse of power of this executive." He claimed this abuse of power is part of a pattern in which the executive ignores the wishes of Council, which he did with part of $5 million in retention bonuses for Gracedale's career service workers.

This has become the main issue in this year's county council and executive races, which include "Where's the money, Lamont?" signs disingenuously hinting that the money has been stolen.  

After this, it was eventually McClure's turn in the dock. He attempted to get away with an innocuous presentation about suicide prevention, but Goffredo wanted to know why he failed to get County Council's approval to fund these satellite offices. McClure said there was no need because the funds were already in the budget for the elections division.  (Under the County's Home Rule Charter [Section 705], he would only need Council's approval if he was moving funds from one division to another). 

Goffredo then complained that the decision to establish temporary satellite offices was not approved by County Council, but they are not administrators. 

From elections. Goffredo then went on to Gracedale. He was upset to learn that the county plans to use one agency (Tellavera) to require all agency CNAs at Gracedale with 500 hours of working time to transition to work for that agency. 

McClure told Goffredo that Gracedale administrator Michelle Morton was there and could answer his questions, but Goffredo wanted to hear what was going on from McClure. (In the past, Council has complained that McClure discourages county employees from coming to meetings, but now Goffredo just wanted to hear from McClure). 

Do you think that council should be part of these discussions, personally, as the executive?

In advance of doing them?

Yes.

No.

Really?

No. We just had a factually incorrect lecture from Mr. Geisinger about the separation of powers. It's for the administration, and specifically the administrator of Gracedale to administrate Gracedale. And part of that is how you manage the agency relationship. So what we're trying to do is save millions of dollars.

The spat continued. 

But I would like this to be out in the open. That's why I wanted to ask these questions because a lot is happening at Gracedale, which is the biggest issue. It has been the biggest issue and will always be the biggest.

It's only the biggest issue because we're talking about it because you demagogue it. Because you want to make it political. You want to. He's [Tom Giovanni] running on it. He's running his campaign on it.

So when Gracedale's failing, we're failing.

Gracedale's not failing.

Debatable.

It's not failing.

All right, well, that's where I would like to have different conversations and be brought into these issues, because I think staffing is the biggest thing that we're dealing with. I'm hearing that if you have over 500 hours as a temp worker, you either get on with Telavera or you get lost. Is that true?

So you need to ask her [Michelle Morton] specifically how that works because I am not in the weeds on all of the details of that.

Personally as Council, I wish we'd known about this. I wish we talk about his at the human services meeting, the meeting before this, when this was already in the works, literally two weeks ago.

So here's the thing. I know Miss Wandaowski [Human Services Director] at one of the previous meetings, did preview that a process was going to be put in place that would lead to savings with agency nursing staff. They were here and they did it. ... [W]e're trying to save millions of dollars. I understand why you don't want to, because I ultimately suspect you do not want Gracedale to be county owned.

You keep saying that.

Well, that's my personal belief.

Okay, well, I don't want that to happen.

Good.

What I would like to do is get more county employees. I would like to make it more appetizing to come work at the county, which seems to be an issue, in every department. And I think if we want to save Gracedale, we'd need to get good nurses and good workers to come work for the county. Not, "Hey, let's get a mega temp agency," because they're going to be able to consolidate all these ---. Well, what if they don't? What if they can't? What if they struggle? What if their nurses aren't as good? I don't know anything about them. So, yes, am I annoyed that we're not a part of this process? Yup. We're giving you money, you're saying, well, it's in our budget. You're moving money around all over the place. We don't know what's in our budget. We don't know where the money is.

Well, that's fundamentally false. It's fundamentally false.

If nothing else, it's clear that the animosity between Executive and Council is at an all-time high.  And when Fiscal Affiars Director Steve Barron attempted to defend a routine budget amendment, things got worse. I'll tell you about that on Tuesday. 

Despite Veto, NorCo Voters Will Decide on Term Limits For County Office in November

Lori Vargo Heffner

Northampton County Council last night overrode an Executive Lamont McClure veto of a plan to allow voters to decide this November on term limits for the Executive, Controller and Council members.  

On June 15, Council decided by a 6-3 vote to allow voters to decide whether County Council members and the Executive should be term-limited.  By a 6-2 vote, with one abstention, they also agreed to ask voters whether the Controller should be term-limited. 

Under the proposal, which will be put to voters in November, the following term limits would apply: Executive and Controller - no more than two successive terms; and County Council - no more than three successive terms. 

The legislation would permit elected officials to return to office after taking a break. For example, after serving two consecutive terms, an Executive or Controller could return to the office once held, but would have to sit out one term. 

If adopted by voters, these term limits would go into effect for the terms starting in January 2024 (County Council and Controller) and January 2025 (Executive).

Voting for the measure were sponsors Lori Vargo-Heffner, John Goffredo, John Brown, Tom Giovanni and Kerry Myers. All but Vargo-Heffner are Republicans.

Voting No to term limits for the Executive and County Council were Democrats Kevin Lott, Tara Zrinski and Ron Heckman. Voting No on term limits for the Controller were Kevin Lott and Ron Heckman. Zrinski abstained because she is running for Controller and felt conflicted, even though Council Solicitor Chris Spadoni advised her there is no conflict as a matter of law. 

On June 23, McClure vetoed this plan. He argued that Council had stressed a need to be consistent, but used inconsistent language in the enabling ordinances. He took no stand, however, on the merits of the proposal and decided against addressing his veto in his report to Council last night  

The override was supported by the same six Council members who voted to allow voters to decide whether these offices should be term limited. The veto was supported by the same three Council members who oppose term limits for county elected officials, although Council member Tara Zrinski abstained from the vote for Controller because she's running for that office. 

Tara Zrinski

Zrinski opposed asking voters to make this call in a municipal election because voter turnout is lower than in a Presidential or midterm election. She added that voting on term limits in this election, in which she's incidentally a candidate, would drive turnout by one party over the other, "and that can be seen as influencing a race."

Hmmm. Election interference? Where have I heard that before?

"I do not see the sea of people that we normally get for something that is urgent," she continued. 

Council member Kevin Lott agreed with Zrinski. He questioned Council's motive, noting that he's heard no one complain about a need for term limits among county elected officials. He added there was no study and no experts, but Council instead rushed. "I think something this important should have had a lot more thought," he observed. He also made the argument that local government usually has a problem attracting candidates, and this just pushes them away. "I think it's downright a bad idea to have term limits on local government."

John Goffredo

Council member John Goffredo responded to Lott and Zrinski. "I don't like the insinuation that there's a conspiracy going on ..., "he began. He noted that term limits on a local level would set a "good example" for higher government. "There are people running the country that I wouldn't let run a calculator, in my opinion." He added that support for term limits is widespread from both sides of the political equation, and argued it would open the doors to get more people involved in county government. Moreover, he likes the idea of asking people who voted in a local government election to decide on term limites for county officials. "This is a local government topic that we're talking about. I think it's the perfect election for it to be up in."

Zrinski called Goffredo "naive" and continued her argument that the referendum on term limits would be a "tool to drive out voters."

Zrinski: "This is not something that our constituents want ..."

Goffredo:  " - because we voted for it ... "

Zrinksi: "I'm not done yet. Thank you so much."

Goffredo: "Don't yell." 

Zrinski: "Please let me finish. ... No one has stated why this is happening right now in such an immediate way within two months and what I think that I want to say is that none of us here sitting on Council are Strom Thurmond, None of us sitting on Council today are decrepit. We all have our faculties.

(Council members start to laugh).

Zrinski: "Why would you laugh at that? We all have our faculties and if we wanted to step down, we could. ... ." 

Goffredo: "It's coming up now because we voted on it and it passed democratically. It's going on a referendum democratically. If people say they want it, they will then vote for it. I don't understand why I'm being lectured on how the democratic process works when we're following it right here and now. If you don't like it, vote No. If you like it, vote Yes." 

Council member Ron Heckman supports term limits for state and federal officials but thinks they are unnecessary on a local level.  He dismissed Zrinski's argument that this referendum should wait for a Presidential. "I actually prefer the people who vote in local elections. They really take this stuff seriously. And if it's 25 or 30 per cent, that's who votes." He also rejected the conspiracy theory being urged by Zrinski and Lott. "I don't want us to get caught up in the whole nonsense that brought about the other side on January 6. Let's not pretend that couldn't happen to us if we start having litmus tests." 

Council member Lori Vargo Heffner was the last to speak. She was recently vilified as a DINO by presumptive Council member Kelly Keegan for supporting the term limits proposal. She was even besieged by unions. This is nonsense. I periodically ask readers to weigh on on what government reforms they would like to see. Term limits are always near the top of the list, and by people of both conservative and liberal persuasion. It is neither a Democratic or Republican idea. Here's what she said: "I just want to thank my colleagues on Council for participating in the governance process. This was not just done willy-nilly. It was done over time. It was done in committee. It was done with a lot of thought and everybody who sat in those committee meetings added their thoughts, added their opinions, tweaked it and moved it. ... There's been a lot of insinuations about the why and the who and the motive and whatever, and I just think the County Council has done its job and I appreciate everybody here who participated in that process. And anybody who doesn't think it's a good idea and doesn't want to give it to the voters - that's all this is, giving it to the people to vote on. We don't determine what this is today. It goes on a referendum and they decide. And it goes in an election where Republicans, Democrats and independents get to decide. Not hidden in a primary next year. So if people can't figure out how to use this to get more voter participation, I don't know what to say to them. But I appreciate this Council's not being willing to push something down the road, not address the Home Rule Charter ... "

My takeaways:

1) When someone states she has all her faculties, she usually does not. 

2) I oppose term limits for local elected officials, but am enough of a small "d" Democrat to allow the voters to decide. I expect it will pass overwhelmingly.

3) There is no conspiracy to drive turnout one way or the other. Term limits are neither a Democratic nor a Republican idea. 

4) The Trumpesque vilification of Lori Vargo Heffner over this matter by future Council member Kelly Keegan was completely unwarranted. 

What is the State of Northampton County?

Executive Lamont McClure will tell you what he thinks this morning, 9 am, at a public event hosted by Lehigh Valley Economic Development Corporation at Hotel Bethlehem. I'm unsure whether there will be recorded video, but I'll try to summarize. 

Milides Demolition Imminent

Northampton County Executive Lamont McClure told County Council at their August 1 meeting that demolition of the Milides building at the courthouse campus is imminent.

The Milides building was built by prominent Easton attorney Gus Milides. In addition to its convenient location, it includes a 40-space parking lot. In 2007, a divided NorCo Council voted to buy the building for $1.5 million, with Ann McHale ad Ron Angle voting No. McHale believed the price was too high while Angle said part of the property would have to be razed.

As it happens, Angle was correct. Both the former law office and its parking lot are slowly falling off a cliff. This is mostly because it was built on fill that had never been properly packed down. Stormwaters add to the erosion.

The plan is to demolish the building and place an underground tank beneath the parking lot to drain rainwater. After the property is shored up properly, a new parking lot for 104 vehicles is planned. This will include eight handicapped spaces, six of which will be van accessible.

McClure expects that to happen before winter sets in.

McClure Signs Responsible Contracting Ordinance

It's official. Northampton County Council Executive Lamont McClure has signed into law an ordinance that will require contractors performing county work valued at $250,000 or more to have the right stuff and the right people. Contractors who wish to do business with the county will be required to furnish a Responsibility Certificate to show that their employees have all the necessary licenses and registrations to complete the work and that the business is properly bonded. They must also use craft employees who have participated in a Class A Apprenticeship Program for a minimum of three years. The apprenticeship program must be registered with and approved by the U.S. Department of Labor or a state apprenticeship agency. Training received in military service is also acceptable.

“This isn’t just a matter of using taxpayer dollars responsibly,” said McClure. “Regulations for construction are important for the health, safety and welfare of our citizens.” Congressman Matt Cartwright prefers to call them "protections."

The ordinance goes into effect on June 20, 2018.

This ordinance was criticized by some conservatives as a gimmick to force contractors to use union labor. They should be reminded that Donald Trump himself signed an executive order last year to expand apprenticeships as is the case in Germany and Switzerland where classrooms are integrated with on-the-job training.

Brown's Trapp Problem

Amy Trapp is Northampton County's current Director of Human Resources. I'll be the first to admit that when she came here, I was quite impressed. She told me that she would be in all the departments and everyone would know her by name. She said she viewed her role as being an employee advocate. She agreed on the need for a pay study, and said one would be implemented gradually. She also said it was ridiculous to test people on skills having nothing to do with jobs being sought. I was completely conned by her, so it's hard for me to slam Executive John Brown for failing to see through the veneer. But by now, he must know that she is toxic. She has made so many enemies in her short tenure here that it's bound to hurt him in November.

$800 popcorn machines. Trips to Vegas and New Orleans. Lunches at the courthouse on the taxpayer dime. The creation of her own fiefdom with people she imported from corruption-plagued Allentown. Attempts to force everyone to use biometric punch clocks without consensus. The "entitled spoiled brat government employees remark," posted on this blog on an account owned by her husband. And lets not forget those $10 and $15 gift cards she purchased with employee money. She's unable to explain what happened to some of them. 

Brown has both kept her and has in fact praised her. Now she's violating the Northampton County's Home Rule Charter's creation of a career service for its nonunion employees. This is designed to attract and retain the best qualified individuals through a fair and open competitive selection process. Vacant positions must be advertised and filled from within, if possible, through impartial standards.

Perhaps the biggest complaint I hear from employees is that cronyism is becoming rampant. People are selected for jobs based on who they know instead of on merit. This has gone on for years, and under previous Executives. If you've ever wondered why 75% of the County workforce is unionized, this is why.

But currently, the biggest offender is Human Resources  - the one department that should be ensuring that all others operate fairly. If you've ever wondered why 75% of the County workforce is unionized, this is why.

HR Director Amy Trapp has routinely passed over county workers who have applied for positions in her department to bring in people from the outside or who caught her eye, and then has spent county tax dollars to train these people because they were unqualified when selected. When she selects people from the inside, she tips them off about the vacancy and tells them to apply.

The most recent example involves a female corrections officer who Trapp wants in her department. This officer has told several of her co-workers that Trapp has approached her and told her to apply for the vacancy. Giving this person a leg up is completely contrary to the open and competitive process envisioned by the Home Rule Charter.

It gets better. Earlier this year, this officer applied for a lieutenant's position. She thought the fix was in then, and told some black officers that they she'd be writing them up if they wore cornrow hair styles or weaves. I'm unaware whether the grooming policy prohibits these styles, but if it does, this appears to be discriminatory.

Someone must have complained, so this corrections officer was passed over for Lieutenant.

But Trapp now wants this person in Human Resources. Instead of merit selection, the system has devolved into blatant cronyism.

And I was scheduled for corn rows on Thursday.

Brown apparently thinks he'll win the election without the support of the workforce. 

Will $1 Million in County Assistance Help "Aging" Communities.

On Monday, Executive John Brown made it official. He announced a $1 million grants and loan program, which is designed to focus more on the aging boroughs than on Bethlehem and Easton. On the campaign trail, he had argued that "[w]e have to get away from Allentown, Bethlehem and Easton, and focus on the rest of the community." His plan, called the Community Investment Partnership Program (CIPP), will actually give priority to applications from the smaller communities. At an economic development hearing last week, DCED Director Diane Donaher indicated that 80% of the grants and funds awarded will go to what she calls the "aging communities" in contrast to the urban core.

Funding Source for CIPP Program

The funding source for this grants and loan program is the $1.2 million in table games revenue that the County gets every year from the Sands Casino. This find has grown to over $3 million, and Executive John Brown has the right to spend it in whatever manner he pleases, so long as he declares that it is in the County's best interest. Council has been aware of this growing fund, but has taken no steps to date to assert its control over these purse strings  "I really think Council should look into controlling this money like any other revenue stream and have say over where it goes," Ken Kraft has cautioned. Right now, the only person who has that control is Executive John Brown.

Emphasis on Aging Communities

This grant and loan program is now available on the county's DCED webpage. Applications are due by the end of July, and include communities, businesses and nonprofits. They will be rated by DCED staff, who have already indicated that preference will be given to smaller communities.

The way Donaher put it sounds almost condescending.  She describes the County's boroughs as "aging communities that lack access to resources. .. They don't have staff. They don't have funding."  She told Council these older communities suffer from "blighted properties and failing infrastructure.".

She wants "to literally partner with them in their comprehensive plan and provide, not just funding, but technical assistance through our new staff and through the Lehigh Valley Planning Commission to help them become stable again."

This is because ""if the boroughs fail, we become unattractive."

Can County really assist smaller communities?

As much as I'm sure these smaller communities will be glad for any technical assistance the County can provide, is the County really up to it?  Donaher has hardly set any job creation records, except within her own department. It's unclear to me whether County government, which has demonstrated a complete inability to manage its own assets and resources, would provide any real benefit to a smaller community. In fact, this grants and loan program requires completed applications by July 31, without any regard for the municipalities that lack the technical proficiency to even accomplish that task.

Does anyone here think West Easton could take stock and apply for a grant or loan in time? Will these smaller communities even know about this program, to say nothing of the businesses in them?

This whole process seems designed to attract applications from municipalities that already know what they are doing, not problem communities like Walnutport, where the biggest business seems to be drug trafficking.

Council member Seth Vaughn was wowed by the proposal. "Sounds like you guys definitely have a plan here," he gushed. But Kraft was more cynical.

"I see no economic development going on," he complained. "I see little grants for changing the poster on the side of a building., painting windows, things that create no economic development whatsoever."

Architect of grant and loan program was a NIZ Planner

One of the biggest impediments to economic development in the Lehigh Valley right now is the Allentown NIZ, which has poached businesses from communities outside of Allentown.  Yet the architect for the crumbs being thrown at our aging boroughs is Mark Hartney, a former senior planner in Allentown who was one of the biggest NIZ cheerleaders. He told Council five different times that he's "excited" about this plan.  He can't wait to "get some of this money out into the street and in the communities, working where it should be working."

CIPP Nuts and bolts:

Here are the different kinds of grants and loan programs available:

1) Façade grants. - Despite the creation of little Potemkin villages with fake fronts that are called façade grants, I have yet to see any evidence that they actually work in any meaningful way.I know it gives everyone an excuse to use a fancy French word, so there is that plus. But just as John Brown allowed vacancies to pile up on his desk while he studies performance metrics, I'd like to see hard evidence that fake storefronts actually help a business.

2) Capital Improvement Grants - These could be for as much as $50,000 and require a dollar for dollar match. This makes sense for the most part. I like the idea of improved infrastructure. But it also includes something called "public art." That should be eliminated.

3) Operations grants.- This is a very slippery slope. It's one thing to provide the funding to repair a beautiful building, but the funding of actual operations, whether it is a downtown manager or code enforcement officer. There is no way to effectively monitor whether the County is getting its money's worth. This just leads to jobs for this or that person who knows someone in DCED.

4) Entrepreneurial and workforce development grants. - These typically wil be for $10,000 or less and include certification programs.

5) Business Boost loans. I see no detailed description of this on the County web page, leading me to wonder whether the loan recipients have alrady been identified.

6) Economic Reinvestment Loan. - This, too, contains no detailed description and really makes me wonder, especially since Donaher indicated that about haf of the funding is going for loans.

Civil Division Staffing Shortage At Crisis Level

One of county government's most basic functions is to index and maintain recrords filed in civil and criminal matters. It's how you can prove you own that house you want to sell, or that you don't have some judgment against you like some credit agency insists. It's about as basic as it gets. But after one year of NorCo Exec John Brown, this basic government service is in shambles,

Records there are not being indexed for at least six weeks, thanks to the loss of four deputies and other workers. Brown has refused to fill these vacancies. The result is that important civil pleadings are sitting around unfiled, until there is time to index them. In the meantime, no one can really know for sure what is going on in any case over the past six weeks.

As if that were not bad enough, Civil Division employees are being besieged by an unprecedented number of passport applications. These are very time-consuming, and take the Clerks away from their other work.

When Brown was sworn into office, he said he was here to serve. I suggest he start doing so.

Jerry & Julie Seyfried Recognized For 50 Years of Voting

Julie and Gerald E "Jerry" Seyfried were recognized yesterday by Dee Rumsey, Chief Voting Registrar of Northampton County, for fifty years of voting in every single election. Few people can claim this distinction.

They have a 50-year milestone coming up that is even more important than voting. In March, they will celebrate their 50th wedding anniversary.

Jerry is a former Executive, County Council member and cabinet member. He's seen it all. I could write page after page about his accomplishments, which include being the first Executive to do something serious about open space. But more than this, I know no person who is more knowledgeable about the Home Rule Charter than he.

Though Jerry ran and lost in a council race this year, that's just the politics. He has met with some of the people who beat him to help them be better servants of the people. He has also offered to help Executive John Brown in any way Brown wanted.

Instead of relying on political hacks who know nothing about county government, now might be a good time for Brown to seek Jerry's help. He doesn't even charge.

Blogger's Note: Though I begged her, Dee Rumsey refused to let me take her picture. She knows I'm a terrible photographer.

Brown To Face Tough Crowd Tonight

County Executives, much like Presidents, are often liked a lot more after they leave office than when they're in it. Incumbent Executive John Brown is going to face a hostile crowd of County employees tonight. They're scared. Some think their jobs are in trouble. They're angry. Some can't really afford to pay more for their health insurance. They're frustrated. An Executive who claims they are the County's "most valuable asset," wants most of them to bite the bullet on wages while exalting a few. The biggest problem they have with John Brown right now is they don't really know or trust him. Is this quiet and unassuming man being honest with them, or is he going to balance next year's budget on their backs? Tonight Brown needs to take his case to them. He has made many mistakes in his first year, to be sure. But he is right about one thing. The County workforce really is the jewel of this County, not Gracedale or any program. If he is fair to them, that will erase many of his rookie errors. If he'snot, he's a one-termer.

Does NorCo Have a Cadillac Health Plan? Or Is it a Pinto?

Starting in 2018, thanks to Obamacare, a 40% excise tax will be imposed on plans with premiums exceeding $10,200 for individuals or $27,500 for a family (not including vision and dental benefits). These are the dreaded Cadillac Plans, which usually seem more like Pinto plans to those who are in them. Ironically, the so-called "Affordable" Health Care Act is not so affordable after all. Manufacturers have recently asked the IRS for an interpretation. They are working on a repeal of this tax because it just increases costs for everyone, but in the meantime, they need to start planning now. In the private sector, 81% of employers are making "moderate to significant" changes now. George Washington University just announced plans to trade in their Cadillac.

Does this plan apply to public sector workers like Northampton County employees? You betcha'. According to Governing, public sector employers have three equally lousy choices to deal with an excise tax that will cost Northampton County $9.3 million in 2018 and move up to $60 million by 2023. "They can cut employees’ health plans so they fall below the Cadillac threshold; pass the tax cost on to workers; or eat the tax themselves and make other budget cuts."

County workers work for less money than the private sector because the benefits are good. What happens if that changes?

Northampton County health care plan administrators believe Northampton County is offering a Cadillac. Controller Steve Barron said it's a Pinto, but backtracked when pressured by Glenn Geissinger. Chris Moakley, a former County HR worker with all kinds of degrees and accolades, says it's a good plan, but not a Cadillac (plan as defined by the ACA). Neither of those two will be paying the $9.3 million tax if they're wrong.

This question has to be answered conclusively.

If it is a Cadillac plan, the employees plans will have to be cut. But the County should make up for that by increasing wages. And taxes.

Hope I learn more about what is happening today. John Brown's news conference, originally scheduled for 8 am, will be at 2:30 pm.

Thank God.

Rumormill: Slate Belt GOP Told Brown Plans No Tax Hike

Last week, some Slate Belt Republicans were told that, when NorCo Exec John Brown introduces his budget next month, it will contain no tax hike. He instead intends to draw down the reserve, and reportedly will wait until next year before proposing a tax hike. Let me stress that this is only a rumor.  

Brown's Decisions Have Spawned Three Lawsuits

If nothing else, Northampton County Executive John Brown has made some lawyers very happy. His decisions have resulted in three lawsuit over the past three months.

The first of these was filed in February by Jill Mancini, a former Assistant Solicitor who claims she was a career service employee who was entitled to due process before being fired. The second, a declaratory judgment action, was filed by the Controller over the Executive's award of an $84,000 no-bid contract to a public relations firm. Now he's facing a third suit, filed by former Sheriff Randy Miller. Like Mancini, Miller claims he was a career service employee who was fired without cause..

Miller, Bethlehem's former Police Commissioner, is represented by Attorney Jason Schiffer, another former Bethlehem police chief.

Campaign Finance Scofflaw Proposed For Elections Comm'n

Treisenr

Under Northampton County's Home Rule Charter, the Executive selects Elections Commission members from a pool of names submitted by party chairs. They are then confirmed by County Council. That's what happened at yesterday's Personnel Committee. Council reviewed  five names that Executive John Brown submitted for consideration, based upon what he received from the party chairs. Incredibly, one of the persons nominated, Democrat George Treisner, is the very man who just a few short months ago, attempted to deprive voters of their right to see who was funding one of the campaign. He stated that candidate had filed with the state, something the state itself denied. The last place he belongs is on a body dealing with our most fundamental right.

As most of my readers know, I like to review pre-election campaign finance reports. That's how we find out what special interests are backing  a candidate. But last November, I simply was unable to find one for Tom O'Donnell, one of the Democratic County Council candidates. 

I filed a written complaint, and received this response from the elections office:

In response to this matter I just spoke to Tom O’Donnell. I informed him that the Elections Office has received a complaint in writing in regards to him not following finance laws and spending over $250.00 Dollars on his campaign. He stated that his treasure George Treisner has filed all the appropriate paper work to the state. I then informed him that he is not a state candidate therefore it should not be filed with the state; he is a local candidate who must file on a local level. I also told him that he is going to have to file the finance reports to our office and also if he has a committee he must legally form that committee by filling out the Political Committee Registration Statement. He asked me to mail the papers to him and said that George Treisner is out of town and when he comes back, this will be taken care of.

Treisner, his treasurer, was also at that time the Elections Commission Chair. Out of town or not, I decided to track him down. When I got to him, Treisner also told me that he had filed O'Donnell's paperwork with the state.

I told Treisner I couldn't find it. In fact, there was no record he had even formed a committee. 

"Keep looking," Treisner told me, and hung up.

I did. I called the state, and asked them to look. There was no committee registered under O'Donnell's name. There was no online report. In fact, I was told that it would be impossible for O'Donnell to have filed online because he would need a state identification number, and they only would give that to him if he were a state candidate.

Treisner, Chairman of the Elections Commission, deprived voters of their right to see who was funding O'Donnell's campaign. It appears to me that he was being dishonest.

The next day, O'Donnell finally filed a report and paid a $100 fine for being late. Though he had campaign signs that say they were paid for by "Citizens to Elect Tom O'Donnell," he formed no committee and filed individually. Every single one of his campaign signs had the wrong disclaimer.

Since he filed individually, there was no campaign treasurer. That appears to be yet another lie.

O'Donnell was ultimately defeated at the polls. But the person who helped him evade campaign finance laws wants to be re-appointed to the Elections Commission. 

This is simply wrong. 

But both a party boss and the Executive have gone along with this utter nonsense.

"How on earth can you appoint someone to the Elections Commission who doesn't even know how to follow campaign finance laws?" I asked Council yesterday. "To me, that's ridiculous."

Joe Welsh, a prominent Easton Democrat, defended Treisner, claiming this little slip up in no way impugns his "great integrity." I think it does. 

I also think he's a sexist, having once referred to a Democratic Vice Chair as a "bitch." What's more, even if he has great integrity as Joe insists, a man who screws up campaign finance reports and actually confuses county and state offices, deserves no spot on an elections commission.

"If you don't know the election laws, maybe you shouldn't be on the committee," mused Personnel Chair Ken Kraft, who himself once chaired the Elections Commission and believes it improper for a commission member to be involved in partisan races.

Council actually listened to me and tabled Treisner's nomination so they could investigate my claims.

I left the meeting in shock.

Actually, I had to leave because my car had broken down and I was hitching a ride with my brother. But don't fret. I caught the rest of the meeting online.

Brown Eyes Mime For Director of Admin

In addition to nominating a voice over artist as Director of Economic Development, Northampton County Executive John Brown is reportedly close to inking a deal to fill out the rest of his cabinet.

Marcel Marceau II, son of the iconic mime, has just arrived from Paris, and is expected to start this week as Director of Administration. Brown hopes to use this artist for media relations as well, along with his reports to Council.

Zoolander hand model J.P. Prewett is also under serious consideration for Director of Public Works.

"All I need now are a few carnies, and we'll be good to go," noted the Executive, before leaving for his daily luncheon with the Lehigh Valley Partnership.

You're a Mean One, Mr. Kraft

On Thursday night, in perhaps one of the most mean-spirited moves I've witnessed in my years of watching Northampton County Council, I watched them unanimously fire the mail room supervisor. They don't really have the power to fire her, so they defunded the position instead. Right before Christmas. When she got up to defend herself, she was told to sit down. She was denied due process, a right guaranteed by the United States Constitution. The same body that had a shit fit when a vendor committed a technical violation of the Administrative Code, thinks that it's perfectly fine to trample the country's founding document.

Under the United States Constitution, the government cannot take our lives, liberty or property without due process of law. That's what sets government employees apart. They can't be fired or even be required to accept a significant pay cut without notice and an opportunity to be heard, unless it is an economic decision that affects everyone, as sometimes happens when people are laid off.

Before the government can shitcan or demote you, you have the right to what is sometimes called a Loudermill hearing, based on the Supreme Court decision recognizing that there is such a thing as due process for public employees..

When County Council on Thursday night defunded the mail room supervisor position, Ken Kraft's asserted there are "too many chiefs" and the position is redundant. He questioned this employee's qualifications as well. There is no position into which she can "bump". She was effectively fired. Kraft stated before the hearing that he was once fired at Christmastime, so I guess this is his payback.

Enclosed are some of my emails to Council, along with Kraft's replies.

Council,

Whatever savings you gained by defunding the mail room supervisor position on Thursday night, they will be more than offset by the money she is awarded when she sues you. It is clear to me, and I am sure your Solicitor will agree, that your mean-spirited action was a blatant violation of the procedural due process rights owed to the person you effectively fired. Merry Christmas.

I will refrain from getting into the obvious motives of a Council member who is also a union agent in advocating the elimination of a supervisory non-union position. I will not explore the attempts by Peg Ferraro to penalize the current mail room supervisor for the perceived sins of her predecessor. None of that matters. What does matter is that you fired a County employee at Christmas time without notice or an opportunity to be heard. In fact, when this 3-year employee attempted to defend herself, you told her to sit down, denying her the right to speak to a matter that directly affected her.

You were willing to engage in all kinds of back channel chatter about this person behind her back. But none of you had the basic integrity and decency to answer the insinuations and accusations you were making about her.

Instead of acting like a governing body, your actions are more akin to a star chamber that decides guilt or innocence without any evidentiary foundation. What you did to this person can be repeated against other employees who may rub you the wrong way.

Fortunately, the rights of this person and other citizens are protected under the United States Constitution. You, as the government, are prohibited from taking the life, liberty or property of a person without due process of law.

If you really are interested in saving money and wish to avoid a lawsuit, I suggest that you reverse course at your meeting this week.

You should all be ashamed of yourselves. I know I am ashamed and disgusted by each of you.

Kraft replies:

I do not like being falsely accused, we eliminated the funding of this position simply because it is no longer needed. I will not tolerate this accusatory type of email. It is our duty as a body to fund positions that are needed and to defund positions when they are no longer beneficial to the County. This is our job.

Moi:

Really? It is your job as a union agent to make sure you have union work. If you were really interested in saving money, you would not have insisted on a PLA at the new human services building.

I'd like to know what money you saved by opening up the county to a civil rights lawsuit based on a flagrant violation of procedural due process rights. Your actions were so despicable that I could see punitive damages.

The county just settled a civil rights claim predicated on your treatment of another employee. I can see you have learned nothing.

As a union agent, it is your job to screw nonunion employees. You refused to even look at the memo she prepared, and were too much of a coward to let her address you, face to face, as you tried to fire her.

Your actions, and those of the eight council members who went along with refusing to even let this woman speak, are shameful. More importantly, they violated the Constitution. I hope you have a Merry Christmas knowing that you fired someone without even listening to her side of the story.

You should be embarrassed. You should. I am embarrassed that people like you speak for me.

Oh, and Merry Christmas.

There were a few more exchanges, but I think you get the point. Not one other Council member bothered to respond. They were probably Christmas shopping.

The three words that best describe Kraft
are, and I quote: "Stink. Stank. Stunk."

Lifestar Awarded $644,520 Contract For Gracedale Transport

Northampton County Executive John Stoffa has issued an Executive Order awarding a three year, $644,520 contract, for nonemergency edical transport services at Gracedale. Lifestar was the lowest of three sealed bids. The other tow were Nazareth Ambulance ($818,820) and EMStar ($914,400). According to Stoffa, Lifestar is the most responsible and responsive bidder.

In two previous occasions, Northampton County Council rejected proposed awards to Lifestar. Council member Ken Kraft expressed concern that Lifestar was deliberately low-balling its estimate to drive Nazareth, the next closest competitor, away. Though a majority of Council believed that the County should award the contract to Nazareth, some members like President John Cusick argued that County taxpayers would actually be subsidizing Nazareth Ambulance.

After failing to get the answer he wanted from Council, Executive Stoffa decided to put the contract out to sealed bid. That removes Council from the equation. He no longer needs their approval.

Council at this point will have to decide whether the "sealed bid" process is a ruse and violates the Administrative Code. If that's what they conclude, Council and the Exec may end up in court.

Why Is Lamont McClure Smiling?

Why is Lamont McClure, or as the unions call him, "Maclure," smiling? His Pre-Primary Campaign Finance Report, filed on Friday for the period between January 1 and May 6, is nothing to smile about, unless his entire candidacy is a joke. He raised just $18,450.00 on top of the $15,342.96 he had at the beginning of the year. He spent more than he had, $41,256.54, putting his campaign in the red. At this moment, there is $16,270.31 in unpaid campaign debt.

Considering that McClure is incapable of managing his own campaign finances, I question how he could possibly hope to manage a $330 million budget, especially since he's already made a no-tax hike pledge. That might sound good to some guy sitting in a bar, but it's irresponsible, just like McClure's finance report.

Looking at that report a little more closely, there's only $350 in contributions of $50 or less, and only $2,050 in contributions between $50 and $250. If McClure really had the grassroots support claimed, there should be page after page of small donations.

How about unions? After all, AFSCME endorsed him. Their Business Agent, Justus James, was at McClure's announcement. They've given him nothing. Nada. SEIU has held back, too. Private sector unions have kicked in about $4,500, but that's laughable in an Executive race. They obviously smell a loser. While McClure is willing to spend money he doesn't have, unions aren't that stupid. They won't waste money on a candidate who is going to lose.

District Attorney John Morganelli, who is friendly with McClure and employs his wife, always contributes to McClure's campaigns. But not this time. Even Peter Angelos, the mega-gazillionaire who employs this asbestos lawyer, gave him nothing.

McClure did get $3,000 from Charles "Don't Call Me Charlie" Dertinger, a former Council member who was defeated four years ago. He also picked up $250 from Tim Brennan, the Mike Fleck hired attorney who was disgraced in Court after trying to scare Kim Velez off the ballot in Lehigh County.

To be fair, McClure does have one big supporter. Abe Atiyeh, the scourge of Bethlehem, has placed Lamont's puss on his controversial LED billboard on Route 22. According to McClure's report, that's worth $10,000.

But when Bethlehem voters learn that Atiyeh is backing McClure, they will flock to Callahan or Reibman.

It is increasingly obvious that McClure's candidacy is half-hearted at best. I theorized before that he had no intention of winning, but merely wants to raise his visibility for a DA race down the road.

Updated Tuesday, Noon: The Morning Call reports McClure did receive $2,000 from AFSCME. I missed that in my own review of his finances.I will check again.