Northampton County's Right Not To Know Law

On October 13, I told you that an arbitrator has upheld a grievance on behalf of AFSCME Local 1435 over healthcare reductions unilaterally imposed by Northampton County Exec John Brown last year. This impacts about 650 Gracedale employees. By Brown's own admission, this could end up costing the County $1 million.

On the day I was made aware of this ruling, I also filed a Right-to-Know request, seeking a copy of the order or ruling. It was a perfunctory request for information to which the public is clearly entitled, as a matter of law. I did not seek a copy of the underlying opinion, just the order itself.

I was shocked when County Right-to-Know Officer, Daniel O'Donnell, invoked a 30 day extension. I thought he was a lawyer, not a lackey. Yet he has allowed himself to be used to impair the public's right to know concerning a matter of vital importance to both employees and taxpayers. The deliberate foot-dragging concerning this information betrays a lack of transparency, which remains a hallmark of the John Brown administration.

Yesterday, just before the deadline, O'Donnell sent me an unsigned and undated "Award and Remedy." I have no way of knowing what union entity is involved or who the arbitrator is or whether this even involves Northampton County. It is a simple two paragraphs:

"The grievance is sustained. As a remedy, the County is directed to provide employees in 2015 with the same health insurance plan they received in 2014 and to make whole any employees who incurred losses under the new health insurance plan.

"The Arbitrator shall retain jurisdiction of the case for the sole purpose of resolving any disputes over the implementation of the remedy."

I've advised O'Donnell that "I need a signed copy of the Order or an affidavit from someone who can attest to its legitimacy or I will appeal this bad faith response." If the only way the County can prove it is legitimate is by attaching the Opinion it should do so. It can redact what it wants to keep from the public, which is apparently everything.

NorCo Refuses to Produce Any Emails With Cost Control Consultant

According to the Commonwealth Court, our Right To Know Law is "designed to promote access to official government information in order to prohibit secrets, scrutinize the actions of public officials and make public officials accountable for their actions.” But in The People's Republic of Northampton County, it might as well be called the Right-Not-To-Know Law. Northampton County is refusing to supply any of the emails between its staff and an outside cost control consultant. It's the same outfit that advised Executive John Brown to help balance his budget by squeezing the worker. The County would prefer to keep the public in the dark

The C3 Group, a Scranton area-based company, is the cost control consultant that Northampton County Executive John Brown hired to come up with a new health care plan that digs deep into the pockets of county workers. Its employees sat in in several meetings with employees to discuss these reductions.. In response to questions at one meeting, C3 employee Colin Healey told a worker, "Nobody subpoenaed you to work here."

On October 9, I filed a RTK request with the County seeking the following:

1) All Contracts between Northampton County and C3 Group, LLC, from the time Executive John Brown was installed to the present.

2) All email correspondence between C3Group, LLC, representatives and andy [sic] employees of Northampton County during 2014.

RTK Officer, Daniel O'Donnell, Esq., invoked an automatic 30-day extension until November 15. He then responded timely, on November 14. He supplied the three contracts about which I've already written.  But he refuses to produce a single email.

Not one.

He raises seven different exemptions outlined in Pennsylvania's Right-to-Know Law. He claims disclosure will reveal medical histories; labor relations and negotiations; drafts of policies; internal, predecisional deliberations; insurance proposals; notes prepared by county employees for personal use; and risk management related documents.

That's bullshit.  There is simply no way that all emails are privileged, nor do I believe most of these exemptions are applicable. They are simply speed blocks thrown up by an administration that lacks transparency.

This denial will be appealed. I will demanding in camera review, which means the County is going to have to produce all emails for inspection by the Office of Open Records.

The one exemption I find particularly insulting is the claim that these emails are part of labor negotiations. Negotiations require more than one person. Brown's problem all along has been his refusal to negotiate. he just waved his sceptre and imposed draconian health plan reductions unilaterally.

Also, it's amazing that he could call these internal predecisional deliberations. The C3 Group is not part of the County government. The company is an external company, as are all the other consultants he's hired.

Is ET Public Payroll Database TMI?

The Express Times has managed to compile a payroll database for all public employees in several local Northampton County municipalities. While it's nice to know who is making lots of money, I question whether it is an invasion of privacy for many low level clerks who are just trying to keep their heads above water. Now all their nosy neighbors can see how much money they make, and what public interest is served?

Under the Right-to-Know Act, this is all certainly public information. But just because you have the right to ask for something, doesn't mean you should. It is this kind of behavior that results in laws that will prevent disclosure of this kind of information when it is really needed. Then when real violations of transparency occur, like when NorCo Council member Mat Benol advocates for violations of the Sunshine Act, the Express Times looks the other way.