Phil Lauer on the Tightrope

The re-appointment of Phil Lauer as Solicitor of Northampton County Council is the sole item on tonight's agenda. Lauer, if approved, will be paid $52,405 for what is becoming an increasingly busy job. Though some members of Council did consider replacing him, it appears that he has the five votes needed to last another year.

As a lawyer for a municipal body, do you tell them what they want to hear or give them the law? Accomplished municipal solicitors like Jim Broughal always plays it straight, and that is the route Lauer has taken as Council's legal adviser. But it is a bit of a tightrope act, especially in a divided Council.

Last year, Lauer advised Council that a no-bid contract for PR consultant Sahl Communications violated the Administrative Code. Council Republicans still tabled an attempt to test the contract in court, but the Executive ultimately decided to re-do the contract and seek bids. He also ruled that the Executive's proposed budget for this year, which originally included a $20 million line of credit, was contrary to the Home Rule Charter's requirement of a balanced budget. He was careful to avoid calling it illegal, but a budget that fails to comport with the Home Rule Charter is illegal.

One fair criticism. His delay in reaching this conclusion angered Democrats and Republicans alike.

Lauer has given advice that Democrats disliked, too. He contradicted Lamont McClure, who had argued there was insufficient public notice of a vote, taken at a Budget Hearing, to restore the funding for a bond to benefit St. Luke's Hospital.

Is $20 Million Line Of Credit Legal? Ask Phil Lauer

"Who, me?" Phil Lauer looks into the camera

Is it legal to balance a budget with borrowed money?  More specifically, is it legal to balance Northampton County's 2015 Budget with a $20 million line of credit, as Executive John Brown has proposed? He conceded last night that the line of credit is needed to balance the budget, though it may never be necessary to use it if the County holds the line on spending.

Here's what the Home Rule Charter, Northampton County's Constitution, says:

• Section 703(b): Balanced Budget. The total of proposed expenditures shall not exceed the total of anticipated funds available.
• Section 707: "No revenues from the sale of bonds or other forms of indebtedness shall be appropriated to finance annual operating programs or services, except emergency notes and bank borrowings in accordance with § 1.7-705(b)." [Emphasis added].
• Section 705(b): "Emergency Appropriations. To meet a public emergency affecting life, health, property, or the public peace, the County Council shall have the power by emergency ordinance to make emergency appropriations in accordance with the provisions of § 1.6-603. To the extent that there are no unappropriated revenues available to meet such appropriations, the County Council shall have the power by emergency ordinance to authorize the issuance of emergency notes or bank borrowings, which may be renewed from time to time, but the emergency notes or bank borrowings of any fiscal year shall be paid no later than the last day of the next fiscal year."

Northampton County's Home Rule Charter commands a balanced budget. It bars borrowing money for operational expenses, barring an emergency affecting life, health, property or public peace. There currently is no such emergency. Approving a budget now that authorizes the borrowing of money later, and for the express purpose of paying operational expenses to balance the budget, is completely illegal.

A confident Brown stated he is waiting for a legal opinion, which tells me he's getting one that tells him what he wants to hear as opposed to what the law says.

Though Glenn Geissinger has been reduced to a cheerleader who endorses whatever Brown wants, conservative Hayden Phillips is another story. "I don't think I can sign on to that. This is Basic Accounting 101."

Council has asked for an opinion from their Solicitor, Phil Lauer. I suspect what he says tonight will determine whether Brown's Budget is dead on arrival.

Easton NAACP Prez Acquitted on Theft Charges

Easton Barristers Josh Fulmer, Colin Monahan & Phil Lauer

John Moses Robinson, President of the Easton NAACP and Prison Advisory Board member, has been acquitted of criminal charges that he stole $55,000 from his mother-in-law. A jury of 9 women and 3 men reached a "not guilty" verdict last night, after a four-day trial. They deliberated for little more than an hour.

Robinson's estranged wife thought she'd be getting that money, even though her mother actually lived with Robinson and his three children.

"I have been told we have a verdict, although I don't know what it is," Judge Michael Koury announced as he came into the courtroom.

While everyone waited for the jury, an apprehensive Robinson sat next to lawyers Phil Lauer and Colin Monahan. Robinson's children sat in the row behind their Dad. Five deputy sheriffs were strategically located throughout the courtroom.

While waiting, onlookers whispered to each other about just when the jury left to deliberate, 6:15 PM or 6:25 PM. "The jury went out to deliberate at 6:11 PM," answered Judge Koury. "The acoustics in this room are excellent!"

Either that, or he has superpowers.

Veteran prosecutor Mike Filingo arrived a few minutes before the jury, with a disgusted look on his face. He seemed to sense he had a loser.

There were three charges, so the jury's foreman had to answer "Not Guilty" three times. But as soon as he announced the first "Not guilty" verdict, there was a visible sign of relief from the largely pro-Robinson crowd.

After announcing their verdicts, Judge Koury thanked the jury. "Thank you for staying here late tonight. You have arrived early and stayed late. You have served the County of Northampton very well and you are free to go." He then turned to Robinson. "Mr. Robinson, you have been found Not Guilty by a jury of your peers. You are free to go."

It was only then that Robinson, dressed in his finest, began to really cry. Turning around, he reached out for his children and they all hugged each other. His nightmare is finally over.

Normally very talkative, a very relieved Robinson had few words after the verdict. Joined by his children, he quickly left the courthouse.

All the might and power of the Commonwealth of Pennsylvania had been brought to bear against him. That even included Northampton County Controller Steve Barron. I knew he already considers himself a County Executive, asbestos investigator and union organizer. Apparently, he's a criminal investigator, too. Although absent for the verdict, rendered at dinner time, the $65,000 per year Controller spent the entire week sitting in on this trial.

How can Barron audit the DA's office when he works for them? Isn't that a built-in conflict? And while he's running around playing detective, who's minding the finances of Northampton County?

At the magistrate's level, Barron essentially usurped the fact finding role reserved to juries. In addition to detailing Robinson's bank transactions, Barron would add they were "interesting," raised red flags and even revealed a "veil of deceit."

Thanks to a good defense team and a fair prosecutor, this nonsense stopped once a jury got involved. Lead defense attorney Phil Lauer, objecting to Barron's qualifications as some kind of fraud expert, filed a motion in limine to preclude the County's supposed fiscal watchdog from essentially telling the jury that Robinson is guilty.

After some initial opposition, prosecutor Filingo agreed, especially since it appeared likely that Judge Koury would rule in Lauer's favor anyway. To his credit, Filingo kept Barron on a tight leash during the trial, shutting the Controller down when he still tried to stray into matters that are beyond his competence.

As a result, Barron had little to say.

You might say justice was done because Robinson was innocent anyway ... or because he had good character witnesses ... or because a jury saw through Robinson's estranged wife, who wanted that money for herself. You might even be right.

I say justice has nothing to do with it. Robinson won because he had a good legal team.

Easton lawyers Phil Lauer, Josh Fulmer and Colin Monahan did a great job in jury selection, making sure that the jury of Robinson's peers actually included three African Americans. And 9 women? That's obviously because Lauer was going to argue that this was a "Hell hath no fury like a woman scorned" case, as opposed to a criminal matter. Although it's hard to generalize, you do that in jury selection, and women do tend to be tougher on each other than they are on men.

In addition to picking a sympathetic jury, Lauer effectively clipped the Controller's wings.

If the Commonwealth ever decides all its resources down on you, it helps to be innocent. But you better have a good lawyer, too. Fortunately, Robinson had one of the best.

Colin Monahan, incidentally, is the son of another good criminal defense lawyer, Brian Monahan. This was Colin's first criminal trial. I told him to quit now and he can claim he is undefeated.