NorCo Council Introduces $35 Million Bond For New Parking Deck

In a rare uneventful meeting, NorCo Council last night introduced a $35 million bond. The project contemplated includes (1) the design and construction of a new parking deck at the courthouse complex; (2) renovations and improvements at the jail; and (3) improvements to the emergency management system. A previous and larger bond, which would have included a new office building by the courthouse, was defeated last year. 

The bond ordinance is being co-sponsored by Council members Jeff Warren and Jeff Corpora. 

Absent last night were Council members Ken Kraft, whose father-in-law passed away, and John Brown. 

NorCo Council Needs to Reflect as Well as Reorganize

As it does annually, Northampton County Council will reorganize today. That's when it elects a President, Vice President and Solicitor for the upcoming year. In addition to reorganizing, it should also reflect on what has actually been a very bad 2024. It's nowhere near as bad as the circus at Lower Saucon Tp Council, but it's headed in that direction. 

Last year, the animosity started at the very first meeting, when Lori Vargo Heffner and Ron Heckman were elected President and VP. Ken Kraft, who apparently expected Council to just make him President, immediately began to throw darts. He told WFMZ-TV69 that the election of Vargo-Heffner and Heckman was part of a deal with Republicans, with Executive Lamont McClure adding that the Heffner-Heckman duo is actually being led by Republican John Brown.  Heckman retorted that McClure "had branched into comedy." 

Things went downhill from there. Council started 2024 with three new Council members - Kraft, (Bethlehem District), Jeff Warren (Nazareth District) and Kelly Keegan (Easton District). Despite a plethora of worthy candidates, Council was unable to agree on one person to fill the Council vacancy created by the January 2 resignation of Tara Zrinsk, who had become Controller. The fumata bianca never billowed from the courthouse smokestacks. 

The three newbies insisted on IBEW Business Manager Paul Anthony, which would give Executive a fourth vote. Council member Ron Heckman voted for teacher Deb Hunter. The rest were all over the place. Council eventually had to ask the courts to do it, something that I believe has never happened in the history of home rule. In a hearing before President Judge Craig Dally, Kraft asserting incorrectly that there never had been a motion to send the matter to the courts even though he had seconded the motion himself. 

President Judge Craig Dally appointed Jeff Corpora, someone who was not among the numerous candidates. 

The bad relations continued. McClure, who is Executive and not a Council member, complained about Council member Tom Giovanni's appointment as Chair of the Courts and Corrections Committee, referring to him as a "MAGA Chairman of Committees." He also pointed out that rookie Jeff Warren chairs no committees. He uploaded a picture of Tom Giovanni posing with Republican State Rep. Ann Flood: "And this Fella was just appointed Chair of the Personnel and Courts and Corrections Committees of Northampton County Council by the President. You good with that?"  

Yes, I am. As McClure most certainly knows, most of what a county government does has very little, if any, connection to party politics. The attempt to inject politics after an election is what makes good government turn bad. 

As the year progressed, the bitterness got worse. Kraft accused Vargo Heffner of being a Queen, with some justification. She at another meeting suggested that the Kraft-Warren-Keegan troika were monkeys. 

Council voted again to reject McClure's voluntary employee health center, as it did in 2023. It also voted to reject a county bond that would have financed a new and badly needed parking deck as well as a new office building. A majority was willing to finance a new parking deck, but Warren wanted a vote on everything. This unwillingness to compromise resulted in him getting nothing. Kraft was quick to take Vargo Heffner to task for attending a week-long conference about county government in Florida, even though I know few people who go to Florida in July to have fun. In the meantime, he was absent from the budget hearings at which the real business of Council is done. 

While sniping at each other, Council took no action about serious staff shortages at the jail and in human services. But it did manage to propose several budget amendments that were clearly illegal. 

Notwithstanding the dearth of accomplishments, Warren recently went on Facebook to pat himself on the back for getting things done. This included several toothless resolutions like recognizing pride month and a cap on trailer park rents, although that is a function of the state government. He lauded an ordinance to provide feminine hygiene products in county bathrooms. Though this was originally promoted as a way to help many impoverished women who are unable to afford menstrual products, it eventually became a LGBTQ+ issue for some odd reason. Warren fails to address the Council's numerous failures, which include its inability to properly staff and compensate much needed 24/7 operations. 

For her part, Keegan used social media to insult members of Council outside of the Kraft-Keegan-Warren triumvirate. She also instructed her followers, and there are hopefully few of those, that "You don't have to read the newspaper. A lot of people just don't read any more."  

What Warren and most members of my tribe fail to recognize is that they have exalted the culture wars over the needs of the working class. That used to be the base of the Democratic party, but it has been neglected by a party that would rather appeal to elitists and underclass instead of the very people who work for a living. This neglect is why Trump won in 2016 and why he won again in 2024.

Sodexo Coming to NorCo Courthouse Cafeteria

After several months with no cafeteria service for courthouse employees and visitors, that void will soon be filled by Sodexo, an institutional food services provider that already operates at numerous Lehigh Valley facilities. It has been at Gracedale since the '90s, according to Gracedale Administrator Jennifer Stewart. Its expansion at the courthouse is something new. 

It's a $13,732,790 deal over five years for food services at Gracedale, the Area Agency on Aging and courthouse. According to documentation submitted to Council, 13 firms accessed the request for proposals (RFF) and four potential bidders held talks with the county, but Sodexo was the only one to submit a proposal. "We're looking for your approval of them to continue their good work," said Stewart. 

Council member John Brown wanted to know why no other firms submitted proposals. Stewart acknowledged she had no idea, but Fiscal Affairs Administrator Steve Barron told Council at a committee meeting that few firms can compete with Sodexo's buying power. 

Council member John Goffredo asked Stewart, ""You work personally with this company? You deal with them?" Stewart replied, ""Yes, I have for the 19 years I've been there. They've been a huge asset, especially during COVID. They did things that our counterparts at other facilities were not doing."

Goffredo acknowledged that it's ""good to hear that you're happy with them, considering we only have [one bid], but it always leaves me a little uneasy not knowing any price comparison and a frame of reference, but I appreciate your insight."

Goffredo was the sole No vote on this contract, and also voted against a $165,000 contract with GC Zarnas (a Bethlehem firm) for a flooring project at Gracedale because no other valid bids were received.

Goffredo explained his No vote at the meeting. "I'm going to vote No ... on all of the bids that we only get one bidder on. I feel like we've been talking about this for years. We keep being told that we don't have problems with the bidding process ... , and we're not getting competitive bidding. We're getting one bid contracts, some for a couple hundred thousand dollars, some for a few million, so I will not be supporting this."

The eight remaining Council members voted Yes to Sodexo and the flooring contract at Gracedale. 

All nine Council members, including Goffredo, voted for the following additional contracts:

Nazareth Regional Ambulance - $2 million for nonemergency transport of Gracedale residents over five years. (68 firms notified, 18 accessed Request for Proposal, but only one bid received. 

Eckert Seamans - $300,000 over three years for outside legal services (182 firms notified, 30 accessed the request for proposals and nine firms responded.) 

Lehigh Valley Workforce Investment Board - $953,220.17 for career service training and support over three years (This is a "sole source" contract as the Workforce Innovation and Opportunity Act designates the Board as the sole entity to provide this training and support. 

HT Lyons, Inc - $220,290 for HVAC Maintenance at the jail. (23 firms accessed the proposal and there were three valid bids)

Council member Kelly Keegan had nothing to say during the meeting. But after it was over, she blasted Goffredo for his No vote, and on TikTok, of all places.

"What if everybody voted No?" she asked. "Then the residents at Gracedale wouldn't have any food." She added that Goffredo "gets the luxury of voting No because he knows everyone else is going to vote Yes."

Asked to reply, Goffredo emailed this response:

"I said it at the meeting. I think one bid contracts are putting us as council members at a huge disadvantage. We have no frame of reference of what fair market value is when we get one bid. 

If it was once in a blue moon, I wouldn't make a big deal about it but this happens all the time and the reason why is no mystery. 

I could say more about being blasted on her tictoc, but I think she already looks terrible doing it. I don't need to pile on."

As a bottom-ffeding blogger, I should spend more time reading the Twitterverse and Tik Tok. After being sent Keegan's Tik Tok, I did spend some time looking at her posts there.

Wow! 

I've downloaded a few and will be sharing her "demure," "mindful" and "cutsie videos over the week. Instead of being Kelly Brauche Keegan, her name should be Kelly Kuckoo Keegan. 

NorCo Council Rejects Election Resolution as " Fluff"

Several resolutions proposed by Council member Kelly Keegan at recent meetings of Northampton County Council have nothing to do with county government and have accomplished little more than further divide an already divided body. But just as a broken clock is right twice a day, a resolution she proposed at the July 18 meeting has everything to do with county government. The administration of elections is a core county function in Pennsylvania. Public confidence in Northampton County elections has been shaken as a result of design errors in the Express Vote XL during the 2019 and 2023 elections. The county administrator was forced to resign after the most recent debacle. It's important that citizens who choose to vote know that their votes are counted. But at the July 18 meeting of Northampton County Council, a resolution endorsing election integrity was rejected by a 6-3 vote. 

Voting No were John Brown, John Goffredo, Tom Giovanni, Jeff Corpora, Ron Heckman and Lori Vargo Heffner. Voting Yes were Ken Kraft, Kelly Keegan and Jeff Warren. 

Whether you lean right or left, chances are you think our American democracy is in peril. Some of us fear the emergence of autocracy while others worry that our institutions are being abused to persecute political enemies and suppress free speech. This concern is even expressed in the way we vote. Some of us worry that the right to vote is being compromised, while others earnestly believe that we have set in place so many ways to vote (in person, on demand mail-in ballots) that it's become difficult to prevent voter fraud. 

With this in mind, a nonpartisan group called Keep Our Republic has been formed to "strengthen trust in our electoral system." It supports three basic principles: (1) Let every eligible voter vote; (2) Let every vote be counted; and (3) Let the electoral vote stand. Executive Lamont McClure drafted a resolution expressing these three basic tenets and Kelly Keegan sponsored it. 

Here's what Council members said at the meeting and in a previous committee hearing:

John Goffredo: "If you take it at its word, I agree, it's not controversial at all. The problem is that I think over the last four years our elections systems have changed dramatically and there have been problems. ... I think it's full of holes and problems. ... We do have problems. I think we've experienced them. And we're going to continue to experience them until we fix them."

John Brown: "A resolution like this ... is kinda' like fluff." 

Ron Heckman: "I don't really need to bend a knee to some out-of-state group asking me to reaffirm what I've said 100 times." 

Lori Vargo Heffner: "Whay are we saying something we already do? ... 

Kelly Keegan: "Why wouldn't everybody support this?"

Jeff Warren: "This county has done a very good job of making sure that every single vote regardless of hiccups, every single vote is the right vote ... . We have had some hiccups [Warren's term for the election disasters in 2019 and 2023] and there have been hiccuops since the time our country has started." 

NorCo Council Sets Salary for Council Clerk at $107,482, Deputy Clerk at $81,545.

Last night, Northampton County Council voted to set the salary for the Council Clerk at $107,482. It also established a new salary for Deputy Clerk at $81.545.  The vote on the Council Clerk salary was 8-1, with Council member Kelly Keegan being the sole dissenter. The vote on the Deputy Clerk was unanimous.

Keegan argued she is unaware of anyone who starts at the same salary as the person who retires from a position. She added that Council Clerks should get annual evaluations just like she does. Council member John Goffredo agreed with Keegan and said the salary is "bad business by us as the bosses."

Council member Ken Kraft, however, noted the precarious position under which Council Clerks work. They are considered "exempt" employees who lack the protection of career service regulations or a union contract. Council member John Brown added that the title "Council Clerk" is actually a misnomer because of the "complexity of the position."

Council President clarified a misperception by Goffredo and Keegan that the Council Clerk would be starting at the same salary being paid to Linda Zembo when she retired as Council Clerk. She said it is "not the same amount that Linda Zembo was paid."

That might be why Goffredo relented and voted Yes, but Keegan still voted No. 

Aline Shafnisky currently serves as Council's acting Clerk. 

Should NorCo Council Decline Consideration of Matters Unrelated to County Business

Lately, Northampton County Council is being assailed at nearly every meeting with toothless resolutions concerning hot button issues totally unrelated to what county government actually does. These are coming from Jeff  Warren and Kelly Keegan, the two newest members of County Council. While they mean well, they are actually preventing County Council from exercising its oversight over proposed county contracts or other important issues like a new county building or parking deck. Meeting are prolonged, and debates on some county matters are minimal because everyone is tired and cranky.

Although you might think these resolutions are a product of our polarized times, it's just what inexperienced Council members tend to do. When he was starting out on County Council, John Cusick was famous for proposing meaningless resolutions. Ron Angle used to joke that Cusick was a "paper hanger."

Ron Angle was guilty of this himself when he first came on County Council, with numerous attempts to plaster the Ten Commandments nearly everywhere.  

I think it's time that Northampton County Council should take a stand against issuing statements on public matters unless directly related to county government. This is a position recently taken by Harvard University, and it appears to be the sensible approach. 

Below is a proposed resolution, which I believe is consistent with the public's rights to speak and the Home Rule Charter. What improvements would you make? 

RESOLUTION CONCERNING PUBLIC ISSUES 

UNRELATED TO COUNTY GOVERNMENT.

WHEREAS, under both the Pennsylvania Sunshine Act and Home Rule Charter, the public has a right to address County Council on matters of public concern; and 

WHEREAS, Northampton County welcomes diverse points of view on numerous topics of public concern, considering this essential to a healthy democracy; and 

WHEREAS, while Northampton County considers these diverse views essential to a healthy democracy, its own jurisdiction is limited to county government; and 

WHEREAS, in recent months, several Lehigh Valley municipalities have been assailed with demands from a portion of the public to take public stands on controversial issues, making it impossible for the governing bodies to conduct the public's business; and 

WHEREAS. Northampton County Council has been asked during several meetings to take positions on issues wholly unrelated to county government; and

WHEREAS, while any member of County Council has the right to propose a proposed resolution; County Council should limit its participation on controversial public issues unless directly related to county government; and 

WHEREAS, when the County Council speaks outside its own area of expertise, its public statements tend to undermine its own integrity and credibility; and 

WHEREAS, if County Council routinely takes public positions on controversial issues unrelated to county government, it will inevitably come under intense pressure to do so from multiple, competing sides on nearly every imaginable issue of the day. This is the reality of contemporary public life in an era of social media and political polarization; and

NOW, THEREFORE, BE IT RESOLVED,

1) Northampton County Council shall henceforth refuse consideration of resolutions that are unrelated to county government unless a majority of County Council agrees to cosponsor such a resolution. 

2) Any debate on resolutions unrelated to county government shall be limited to one round of argument by Council members. 

NorCo Council Needs To Stay In Its Wheelhouse

In recent weeks, well-meaning if rowdy college students and pro-Palestinian residents have invaded the city councils of Bethlehem, Easton and Allentown to demand a stop to the conflagration in Gaza. They've been egged on by Easton City Council member Taiba Sultana, but most other local elected officials have rightly recognized that foreign policy is well outside their wheelhouses. They deal with potholes and parking, bridges and administering elections, not the tragedy of war. While Northampton County Council has yet to demand a free Palestine, members are using their elected office to advance agendas that have nothing to do with county government. Lat night, Council member Kelly Keegan introduced a resolution on the divisive topic of abortion. The resilution declares "that the County of Northampton, Pennsylvania declares itself a Right-To-Choose Sanctuary County, recognizing that anyone should have a right to abortion, on-demand, and without question."

In Easton, Council member Crystal Rose told pro-Palestinians, "[W]e want to get back to city business and I think that if we keep bringing this up, we're getting away from the things that the people elected us to do here. I have had an overwhelming amount of people come up to me and email me and ... most of them have been angered that we are focusing on issues that don't involve Easton." Her views sum up the opinions of most local elected officials. They are elected to deal with issues like affordable housing. Easton City Council member Frank Pintabone states residents "did not elect me to represent them on international business. They elected me to represent them in City of Easton business."

County Council member Kelly Keegan has been elected in the Easton district to represent its citizenry on county issues, not hot button topics like abortion or declaring that the county is a sanctuary for this medical procedure. 

I'd love fighting to end everywhere. I believe a woman should be able to choose what she does with her pregnancy without interference. But these are not county issues. 

Keegan's toothless resolution has been tabled for now, but only because Lori Vargo Heffner is uncomfortable with calling NorCo a sanctuary. It will no doubt be brought up again at the next meeting for a vote. All this does is open a Pandora's box for a host of other issues that have nothing to do with county government. 

NorCo Human Services Employees Seek Better Union Contract

At the April 18 NorCo Council meeting, SEIU Business Agent for addressed County Council on behalf of  Human Services employees in Children and Youth, Mental Health, Drug and Alcohol and other human services provided by the county. They are in the process of negotiating a new contract with the county and are unhappy with a "best and final offer" that includes a "twoload pay increase" [I do not know what this means] as well as an increase in the employee contribution to health care. Negotiations continued yesterday. 

Ellis presented a petition signed by over 100 human services employees that states the following:

"We are deeply committed to bettering the lives of our residents and building a strong community. The NorCo Department of Human Services members take their commitment to serving the community very seriously. However, we are deeply concerned about the disparity between our wages and the rising cost of living. County Executive Lamont McClure acknowledged in the March 2024 edition of the NorCo newsletter that stagnant wages are making it increasingly difficult for middle to lower income workers to afford housing in our region. This issue affects our current workforce and our department's ability to retain qualified staff and fill double digit vacancies, exacerbating caseloads and workload issues. Staff turnover has become a consistent problem across multiple county agencies. For residents of NorCo, this could result in difficulty accessing services, inadequate outreach, inadequate protection of our most vulnerable populations and overwhelmed caseworkers."

Bow Your Head

After several years of going through NorCo Council meetings without being stricken by boils, locusts or thunderstorms of hail and fire, the pre-meeting prayer (or moment of silence) has once again begun to rear its ugly head. Now look, I have no problem with bringing in a preacher from any of the counties numerous houses of worship to say a word or two, but County Council is too lazy to reach out Instead, it anoints one of its own to pretend he is a cleric. Up until now, it's just been a moment of silence. I'd actually prefer several hours of that, so that's been no trouble for me. But last week was John Brown's turn. 

"Bow your heads!" he instructed everyone. Amazingly, all but Lamont McClure's three rubber stamps did so. Lori Vargo Heffner even gave an "Amen!"

Yeah, the Supreme Court says its ok for elected officials who take an oath to uphold a secular constitution to open a meeting with prayer. But this same august body is also now interfering with a woman's right to choose. If County Council members want to pray on their own time, have at it. But doing it on the taxpayer dime is inevitably going to lead to preference of one religion over others. 

So far as I can tell, there are no Jews, Muslims, Sikhs or Buddhists on Council. They are all plain vanilla Christians, and one of them is eventually going to start showing preference for his or her religion. 

Better not to start.

Amen. 

NorCo Solicitor Rudas Explains Why She Opposed NorCo Counciil Petition to Fill Vacancy

I received an email from NorCo Solicitor Missy Rudas that attempts to explain what the hell she was doing in Motions Court last week. I'll post her email and respond to it.

I’m writing to provide facts and to correct your post.

On Friday, February 2, I appeared before the Court to object Council Solicitor Christopher Spadoni’s petition and to defend the Home Rule Charter on behalf of the County.

At Council’s meeting on Thursday, February 1, their vote acknowledged that Council had reached an impasse and would let the Court decide. County Council did not vote to authorize a petition that would allow Council Solicitor Spadoni to appear in Court on their behalf. After the Council meeting, I approached Council Solicitor Spadoni to inform him that it would not be proper to appear before the Court with a petition. Filing a petition without Council authorization is a violation of the County’s Home Rule Charter and should not be considered in Court.

Additionally, I did not represent Commissioners Ken Kraft, Kelly Keegan, and Jeff Warren in Court. They have the authority to appear before the Court and file their own petition. They represented themselves, and I made no arguments on their behalf.

My Response: Judge Dally's "Statement of Reasons," which includes both the minutes of the meeting and a transcript of Missy Rudas' appearance before him, pretty much rejects her contentions. I have high regard for her, both as a lawyer and as a person, She is obligated to represent her client zealously, but simply had no standing. 

Her contention (along with that of Council member Ken Kraft) that County Council never authorized the filing of a petition is flatly wrong. It's a misrepresentation of what occurred. As Judge Dally notes, "[t]the County Council minutes belie these assertions; at the February 1, 2024 meeting, Councilmember Kraft seconded the motion made by Council President Vargo-Heffner to petition the courts due to the impasse and ultimately voted yes on the motion. ... Ultimately, the motion to petition the Court was passed by a majority vote of County Council."

She contends that the Kraft-Keegan-Warren troika were on their own and she did not represent them. But according to the transcript, she appeared alongside them and advised the Court that they had their own petition to appoint Paul Anthony. 

When questioned about her standing, she eventually declared that she had standing as a private citizen and as a taxpayer.

The only persons with standing are Council members, their legal representative or a collective of five registered voters. She is none of those, unless she cloned herself four times. It was a mistake for her to have been there. 

Missy incorrectly advised the Court that County Council Solicitor Chris Spadoni was only representing Council President Lori Vargo-Heffner, and not Council as a whole. Spadoni was representing the will of Council as reflected by a 5-3 vote. That's the way majority rule works. Lori Vargo-Heffner's only role was to verify the petition as reflecting the will of a majority of the governing body,   

Ken Kraft, who introduced himself for some reason as the former President of County Council, told Judge Dally under oath that "[w]e're here to serve a petition for somebody else, irregardless [sic] of  this. But Mr. Spadoni was not given authorization to come down here and do this by a vote of full Council." 

It's pretty clear that Spadoni was authorized to do exactly what he did. The notion that a separate vote is needed for each and every pleading filed in a court is on its face absurd. 

In addition to petitioning the court to appoint Paul Anthony, Jeff Warren advised the Court that applicant Paul Anthony just happened to be sitting in the courtroom. Judge Dally twice told Kraft that the Home Rule Charter does not expressly authorize a Council member to seek appointment of a specific person. As I've noted before, a petition for appointment can only ask the Court "to fill the vacancy."

Judge Dally yesterday granted Spadoni's petition by appointing Jeff Corpora. He rejected the rubber stamp petition as moot. 

It's pretty clear that Judge Dally was going to reject anyone like Anthony, Peter Melan or Kerry Myers because it would still result in a dysfunctional County Council. His decision to give the position to Corpora, a Democrat, was a nod to the argument that a vacated Council seat should be filled by someone from the same party. 

Hopefully, County Council can finally get to work. It is time for Ken Kraft to realize that his hard-ball tactics have misfired. It is time for Jeff Warren and Kelly Keegan to realize that they were elected to serve the citizens of Northampton County, not Ken Kraft or Lamont McClure. 

What's in the Dueling NorCo Council Vacancy Petitions?

Northampton County Council, at their Thursday night meeting, deadlocked for a second time on appointing a qualified person to fill the vacancy created by the January 2 resignation of former Council member Tara Zrinski. They voted 5-3 to refer the matter to the courts. Council Solicitor Chris Spadoni advised he would be in motions court the very next day to seek judicial assistance. He was there as promised. So was County Solicitor Missy Rudas, who objected to Spadoni's petition.  So were the three rubber stamps. County Council members Ken Kraft, Kelly Keegan and Jeff Warren were in motions court with a petition of their own. What do these petitions seek?

County Council's Petition (2024-790). - This petition was exactly as described by Council Solicitor Chris Spadoni. It noted that County Council was unable to appoint someone to the vacancy despite attempts at two separate meetings. It contained this language from the Home Rule Charter: "If the County Council fails to appoint an individual to fill the vacancy within thirty (30) days after the occurrence of the vacancy, the Court, upon the petition of any member of the County Council or any five (5) registered voters of the County, shall appoint an individual to fill the vacancy within fifteen (15) days after the filing of the petition. The individual appointed to fill the vacancy shall take office immediately upon appointment and shall serve the unexpired term of office of the elected official." It also advised the court that Council had received 20 applications and listed the names of those who applied. It further stated that resumes for each name were on file with the County Council Clerk should the court wish to review them. Its proposed Court Order leaves the name of the appointee blank, as Council has abdicated its responsibility to appoint a qualified candidate. 

The Kraft-Keegan-Warren Petition (2024-791). - Though supposedly pro se, this petition was definitely prepared by a lawyer who understands how to caption cases, obtain verifications and who understands that Pa court practice requires separate paragraphs for each point.  One of the facts pleaded is that the vacated position was held by a Democrat. "In light if this, another Democrat should be appointed to the vacant seat."  While I understand and actually agree with the sentiment, Northampton County's Home Rule Charter contains no such restriction. Any qualified person can be appointed, regardless of party. After pointing out that a Democrat should be appointed to the vacant seat, the petition avers that "[Paul Anthony] is a Democrat and more than qualified." Attached to the petition is a proposed court order that presumptuously appoints Anthony.

The Home Rule Charter authorizes any member of County Council to petition the court to "fill the vacancy," but there is no authority authorizing anyone seeking judicial assistance to fill the vacancy with a specific person. 

The County Solicitor - I am still puzzled about why Missy Rudas, an excellent lawyer and person, allowed herself to be dragged into this mess.  She really had no standing, but her integrity is beyond reproach. 

An anonymous comment posted on my blog yesterday asserts that, right after Thursday night's meeting, the Kraft-Keegan-Warren trio huddled in Executive Lamont McClure's office with Attorney Rudas. If that is so, it explains why they were all in court Friday and with a petition that very obviously was prepared by a lawyer.  This faction is trying their strong-arm tactics on the Court after failing with Council.  Good luck with that! To make matters worse, Ken Kraft misrepresented that Council only voted to declare it was deadlocked when it in fact voted to refer. 

Should the courts seek an outside judge?  - Probably. They do business with the County Council and Executive on a regular basis, and their choice might make relations with both branches more frosty. Having said that, there really is no legal basis for punting this matter. So I expect there will be a decision on or before Feb. 19. The courts can appoint anyone who is a US citizen and who has resided continuously within the county for a year prior to the commencement of Zrinski's term of office, which began in January 21. If you'd like to serve, I'd suggest you call the court administrator at your earliest convenience. 

Kraft, Keegan and Warren Prove They Are Rubber Stamps

When I left you last week, I told you that Northampton County Council was deadlocked in appointing someone to fill the County Council vacancy created by the January 2 resignation of Tara Zrinski. After two failed ballots, they voted to send the matter to the courts. County Council Solicitor Chris Spadoni advised Council that he'd be in motions court on Friday to petition the court to appoint a qualified candidate within 15 days, as required under the Home Rule Charter. Spadoni was there as he said he would be, but so were Council members Ken Kraft, Kelly Keegan and Jeff Warren. They were joined by County Solicitor Missy Rudas, who introduced this troika and presented motions court with a dueling petition seeking the appointment of union business agent Paul Anthony.  They used the County's own lawyer, who serves at the pleasure of the Executive, to file a motion filling the open Council slot with the person Executive Lamont McClure wants installed. Despite their constant denials that they are rubber stamps for the Executive, their actions on Friday prove that is precisely what they are. 

I'll be reading the petitions today, but can tell you I'm more than a bit confused about why the County Solicitor was there. She is supposed to represent the County's interest, not those of a faction seeking to consolidate more power in the hands of the Executive.   

What bothers me even more is that facts were misrepresented. According to Lehigh Valley News, both Rudas and Kraft argued that, while County Council voted the previous evening to declare an impasse, they never voted to send the matter to the courts. 

This is incorrect.

After two failed ballots, this is the motion as stated by Council President Lori Vargo-Heffner. "At this time, I'd like to make a motion to send this to the courts since we're going to have an impasse ... ." 

Kraft actually seconded this motion, the one he now denies was ever made. 

In addition to proving once and for all that the Kraft-Keegan-Warren triumvirate are rubber stamps, they also displayed the behavior of petulant schoolchildren unhappy they did not get their way. 

25 Apply For Vacant Seat on NorCo Council

It's a strange world. There is a dearth of choices for President, but 25 people have applied for appointment to a vacancy on Northampton County Council. I have asked for a complete list, which will probably be supplied after the appointment, I know they include some highly credentialed candidates, some opportunists and a sprinkling of wingnuts. Council President Vargo-Heffner stated at the last County Council meeting that everyone who applied will get an interview. They start on Wednesday at the Personnel Committee and will likely continue during the regular County Council meeting on Thursday. 

This large number of applicants is proof of a healthy democracy, at least on a local level. It could be argued that many people want to be part of a government led by Executive Lamont McClure. It could also be argued that many people perceive a problem. 

McClure Slams Vargo-Heffner's Election as NorCo Council President

Tuesday's election of Democrat Lori Vargo Heffner as Northampton County Council President was a rare demonstration of bipartisanship in a country divided along party lines. She received votes from the three Republican Council members, Democrat Ron Heckman and herself. She expressed her appreciation on her government official Facebook page, noting that "[w]e serve every citizen in the county. Looking forward to working productively this year." Whether that will be possible remains to be seen. Instead of building bridges to a Council President selected by five democratically elected members of county council, Executive Lamont McClure is more interested in burning them.

McClure's Director of Fiscal Affairs, Steve Barron, kicked things off with this snide remark: "Which one of these guys nominated you to be Council President?," followed by a picture of Council member John Brown standing next to a cardboard cutout of Donald Trump. 

McClure followed this up with a complaint of his own: "It’s unfortunate you needed to do so [get elected] by being nominated by former Republican County Executive John Brown, notoriously one of the worst Executives in County history, and with the votes of Brown and the other two minority Republican council members."

I have a few problems with this reaction. First, it is petty, beneath the dignity of the office of Executive. Second, it betrays a fundamental misunderstanding of local government in a purple county. There is no Democratic or Republican way to repair a bridge or run a nursing home. Third, McClure's agenda as Executive, which has included a reduction in benefits to career service employees, is actually Republican. So is his his opposition to a fund set aside by Council to help employees pay off student debt. 

Despite these partisan complaints, what really bothers McClure and Barron is that five Council members would rather provide oversight than be rubber stamps.   

Instead of attacking Vargo-Heffner, McClure should meet with her before every Council meeting to review the agenda. This was routine in previous years and could help prevent some of the misunderstandings that arise.  

Would You Like to Serve on NorCo Council?

Northampton County Council is seeking applications (see below) for the Council vacancy created by Tara Zrinski's resignation on Tuesday. They're moving fast because they only have 30 days to appoint someone. 

Names I have heard include former Council members John Cusick and Kerry Myers, along with retired educator Deb Hunter. Both Cusick and Hunter would provide oversight, but the appointment of Kerry Myers would be a mistake and would be correctly perceived as an attempt to get even with McClure for Myers own failure to gather signatures for his own re-election or wage even a half-hearted campaign to secure the Republican nomination. As a Council member, Myers can best be remembered for undermining the authority of our Sheriff by brazenly stating that he would refuse to take orders from him if he were a deputy. To make matters even worse, he stupidly used social media to chat with bots he mistakenly believed were attractive women.   

Notice is hereby given that the Northampton County Council is accepting the names of individuals who are interested in filling an At Large vacancy on the Northampton County Council. An individual filling the vacancy must comply with Northampton County Home Rule Charter Section 103 "General Qualifications" which provides, "During his term of office each elected official shall be a citizen of the United States and shall reside continuously in the County. Each elected official shall have resided in the County continuously during the year preceding the commencement of his term of office."

Individuals interested in filling the vacancy should e-mail a letter together with a written resume to lzembo@norcopa.gov or mail same to the Office of the Northampton County Council c/o Linda Zembo, Northampton County Courthouse, 669 Washington Street, Easton, PA 18042 or fax to 610-559-3106. Applications must be received in the Northampton County Office by Friday, January 12, 2024, no later than 4:30 p.m., prevailing local time. Notice is further given that the applications of those interested in filling the vacancy will be reviewed and the applicants interviewed at the Personnel Committee Meeting on Wednesday, January 17, 2024, commencing at 4:00 p.m. prevailing local time, and at the Northampton County Council meeting on Thursday, January 18, 2024, commencing at 6:30 p.m., prevailing local time, in the Northampton County Council Meeting Room, Room 3116, third floor, Northampton County Courthouse, 669 Washington Street, Easton, PA. Individuals with questions may contact the office of Northampton County Council by telephone at 610-829-6596.

Who Will Serve the Final Two Years of Zrinski's Term on NorCo Council?

In January, Tara Zrinski will be sworn in as Northampton County's new Controller. She will be required at that time to resign her seat on NorCo Council. The remaining eight members will have 30 days to replace her. If unable to do so, any member of Council or any five registered voters can petition the court to make an appointment. The court must do so within 15 days of receiving the petition.

Qualifications: The person appointed must be a US citizen who has resided continuously within the county for at least a year prior to appointment. The candidate is barred from holding any other elective office. County employees are barred. So are "officials" of political parties.  There is no prohibition against appointment of a person simply because she belongs to a different political party than the holder of the office being vacated. Thus, a Republican or Independent could be appointed to fill Zrinski's vacancy, even though she is a Democrat. 

Appointing Body: The eight members of Northampton County Council making this appointment will be five Democrats - Ken Kraft, Ron Heckman, Kelly Keegan, Lori Vargo Heffner and Jeff Warren and three Republicans - Tom Giovanni, John Goffredo and John Brown.  Though Democrats have a 5-3 majority, both Heckman and Vargo Heffner have resisted attempts by Executive Lamont McClure to control them. Thus, I think it unlikely that they will go along with appointing a rubber stamp. 

Most Qualified Persons: The most qualified persons for this seat are John Cusick (his term just expired), former Exec Gerald E "Jerry" Seyfried, former Clerk Frank Flisser and former Council member Ron Angle. They all know the Charter inside out, and Cusick religiously follows the county's quarterly financial reports  

Though Council can appoint a Republican, I consider that highly unlikely. Ron Angle would have trouble attracting even Republican support. 

That leaves Democrats. Seyfried is too busy visiting his swamp and is even stepping down from the Retirement Board. I also doubt Flisser has any interest. 

Others: I believe Deb Hunter has a realistic shot if she is interested. She was vocally opposed to the Express Vote XL and is willing to say No to the Exec. So is Bob Werner or his wife, Sandy O'Brien. 

Who do you think they should appoint?