NorCo Sheriff Rich Johnston to Retire August 2

At last night's meeting of NorCo Council, Executive Lamont McClure reported that Sheriff Rich Johnston will be retiring on August 2. He stated that Johnston "exemplified the best of what we would want to see in public officials, especially those in law enforcement." 

The Northampton County Sheriff provides building and court room security, transports prisoners, locates and apprehends fugitives, serves legal papers, administers the foreclosure, repossession and sale of real and personal property, and issues gun permits.

Unlike most other counties in Pennsylvania, which elect their sheriffs, the Home Rule Charter makes the Sheriff an appointed position. The Executive ranks his top three choices and forwards them to the courts. The courts in turn can rank the choices in another order or include new names. The Executive has the final say. Johnston was the top choice of both the courts and McClure.

It's mostly gone, but you can still detect a New York accent in Johnston's voice. He started his career there as a NYC transit cop in 1982. While working full-time, he earned an associate's degree in forensic psychology in 1993. In 1994, he was promoted to sergeant for the NYPD, where he supervised anywhere between 20 and 45 officers, depending on which precinct he worked

After putting in his 20 years with New York City, he continued his career in law enforcement here in the Lehigh Valley. He started as a District Security Officer at Easton School District and became a deputy sheriff in 2002. 

Johnston expressed his appreciation to nearly everyone, including deputies who certainly made his life more interesting. 

I have high regard for Rich, both as Sheriff and as a person. He has always been a gentleman, a rarity. 

NorCo Council Considers Elected Sheriff, Home Rule Charter Study

Last week's meeting of Northampton County Council's governance committee was a doozy. I've told you of Council member Lori Vargo Heffner's desire to micromanage what should be an independent pay study. I've detailed the misinformed derision that wannabe Council Solicitor Ron Hackman directed at Executive Lamont McClure's proposed gift ban ordinance. I've chronicled Council member John Cusick's desire to have vacancies among elected officials filled by election instead of lengthy appointments. But there's more. Council also considered, and not for the first time whether the Sheriff should be elected instead of appointed. They also pondered whether the Home Rule Charter needs an enema in the form of a government study commission,  They got contradictory answers from Council Solicitor Chris Spadoni on whether they, or the voters, ultimately decide on government study recommendations.

Council member John Goffredo noted that only two counties appoint the Sheriff and is leaning towards the belief that the people should make this call, as they do nearly everywhere else. He asked if there's any reason why the voters should not be asked to approve a change from appointed to elected by referendum. 

There is. This can only be done by establishing a home rule charter study commission. Council member John Cusick noted that some argue that changing the Sheriff from appointed to elected is a change in the form of government and would require a home rule study commission. Actually, there's no argument. In 2014, Pennsylvania's Supreme Court ruled that changing the Sheriff from elected to appointed would be a change in the form of government and hence would require the election of a government study commission. It necessarily follows that changing the Sheriff from appointed to elected is also a change in the form of government that would require a government study commission. 

At this point, wannabe County Council member Chris Spadoni suggested that it might be prudent to establish a government study commission. Cusick warned that this is a "potential can of worms. You could end up with three Commissioners and an elected Recorder of Deeds." 

Council member Ron Heckman asked Spadoni, who actually is the Solicitor, what Council does with the report of the government study commission. "To be clear, the voters have the say," was Spadoni's first answer. Thirty seconds later, Spadoni contradicted himself and said the County Council could decide which parts of the government study commission's recommendations go to the voters. 

His first answer was the correct one. The final decision on recommendations of a government study commission lies with the voters, not County Council.  

Retired NorCo Deputy Seeks Elected Sheriff

Mike Mohn

Mike Mohn recently retired from Northampton County after 29 years of service. Last night, as a civilian, he asked County Council to consider changing the Home Rule Charter to require that the position of Sheriff be elected.

Mohn's a big guy, about 7'6." I also see him tossing heavy weights like tootsie rolls at my gym. So when he said, "Be nice to me," I better comply.

Actually, he was one of our best. In addition to his physical prowess, Mohn has a degree in criminal justice from Kutztown University. He is also a past President of the Pennsylvania Deputy Sheriffs' Ass'n. In the years I've known him, he's always been very passionate about his role.

Mohn had a handout for everyone, but his argument is simple. "The Sheriff of the County should be accountable to the people, not the County Executive," he said. He clarified that he was making no attack on Executive Lamont McClure, but believes the will of the people should trump the desire of any county executive.

He points out that 99% of the nation's Sheriffs are elected.All but two Sheriffs in Pennsylvania are elected.  He asked County Council to put the question to the voters in a referendum.

One county official told me he believes the voters would quickly agree.

The voters already decided when they adopted our Home Rule Charter in 1977. They want appointed row officers, including the Sheriff.

In many cases, a Home Rule Charter can be amended by referendum. But when it involves a change in the form of government, there must first be a government study commission. Changing an appointed Sheriff to elected is almost certainly a change in the form of government.

Our Supreme Court actually considered this issue in 2013. Lackawanna County, a home rule charter county, wanted to abolish the elected position of sheriff and replace it with an appointed sheriff. The state high court ruled that this is a change in the form of government and requires the election of a government study commission.

If changing an elected sheriff to an appointed position is a change in the form of government, it necessarily follows that the reverse is true.

NorCo Council Confirms New Sheriff

Sheriff Johnston, flanked by his wife Barbara, left,
and daughter Maya, right

At their July 19 meeting, Northampton County Council voted 8-0, with Peg Ferraro abstaining, to confirm Richard H. Johnston as Sheriff.  He is also the joint top choice of both Executive Lamont McClure and President Judge Michael Koury, Jr.

Johnston's salary will be $89,235.

Johnston is the 72d person to serve as Northampton County Sheriff since the county was first formed in 1752. The County's first Sheriff, William Craig, was a Captain in Pennsylvania provincial militia under Major William Parsons during the French and Indian War. Johnston's immediate predecessor, David Dalrymple, was a major in the New Jersey State Police.

The Sheriff's Office goes all the way back to tenth century England, when Alfred the Great divided England into "shires" led by a "reeve." The shire reeve eventually became known as the Sheriff, who would defend the people against Viking incursions.

These days, the Northampton County Sheriff still provides building and court room security. He also transports prisoners, locates and apprehends fugitives, serves legal papers, administers the foreclosure, repossession and sale of real and personal property, and issues gun permits. It is an elective office except in Northampton and Luzerne Counties.

Sheriff Johnston,l eft, with Lamont McClure

You can still detect a slight New York accent in Johnston's voice. He started his career there as a NYC transit cop in 1982. While working full-time, he earned an associate's degree in forensic psychology in 1993. In 1994, he was promoted to sergeant for the NYPD, where he supervised anywhere between 20 and 45 officers, depending on which precinct he worked.

After putting in his 20 years with New York City, he continued his career in law enforcement here in the Lehigh Valley. He started as a District Security Officer at Easton School District, and became a deputy sheriff in 2002. He worked his way up through the ranks until he became a lieutenant in 2008.

He also knows what it's like to suffer adversity on the job. In 2010, he was laid off as a result of a department reorganization. Instead of giving up, he worked for Sands Casino as a security officer and a table games dealer until he was reinstated in 2013.

Johnston has 34 years of experience in law enforcement.

He lives in Bethlehem Township with his wife Barbara. He also has two daughters, Flannery and Moya, who graduated from Freedom High School.

NorCo Sheriffs Have A Rich History

In Pennsylvania, where elected sheriffs are the rule, the guy who wins the election is usually one of the biggest tavern owners. Northampton County is one of the very few counties in which the Sheriff is appointed. Having seen them both, my view is that appointed Sheriffs tend to be far more professional, if only because the courts are given a voice in the selection process.But I'd prefer to see the appointments run for a staggered term of five or ten years to minimize the politics.

Northampton County has quite an interesting history when it comes to the Sheriff's office. As I've told you before, Deputy Sheriff Nathan Ogden was the first American law enforcement officer to be killed in the line of duty, back in 1771.

Sheriff Dave Dalrymple has managed to put together a complete list of the 71 individuals who have been Northampton County Sheriff since 1752.

Marmaduke McMichael was a Lieutenant during the War of 1812. We even have a Samuel Adams. But instead of brewing beer, he made steel and then became a gentleman farmer.

Updated: St. George and the Sheriff

Unlike Northampton County, Lehigh and most other counties elect their Sheriff. Ron Rossi, Lehigh County's Sheriff for the past 27,000 years, has decided against seeking re-election. He threw his support behind Democrat Ed Zucal, a Sergeant on on Allentown's police force. But most of the money, even union money, has gone to Joe Hanna, a Lehigh County detective and the Republican nominee. From J.B. Reilly to Abe Atiyeh, he is the pick of the crony capitalists. Since most of these contributions were made before news of the federal investigation broke, I'd be inclined to give Hanna a pass on accepting nearly $62,000 from what I'll call the Citizens for Oligarchy. But what I won't forgive is the $1,000 he accepted from St. George. I have no problem with St. George slaying as many dragons as he likes or being the patron saint of England. But I do have a problem with St. George donating to a political race.

Actually, St. George is innocent. My real beef is with Hanna and the St. George Antiochian Orthodox Church. According to Hanna's campaign finance records, he accepted $1,000 from the St. George Charity Fund on 1/21/15. Not only is this contrary to state election laws, it also us contrary to the IRS ban on political activity by churches and charities.

Most of St. George's parishioners are from Syria, Greece or Allentown. There is no shortage of needy families in any of these places. I am appalled to see a charity fund perverted for a political campaign.

12:40 pm Update: St. George Slays the Blogger! - St. George does not just slay dragons. He gets bloggers, too. While the above posat is accurate, it fails to tell the complete story. In my effort to play gotcha', I failed to look at the post-primary report filed by the Hanna campaign. It reveals, quite clearly, that Hanna returned the $1,000 contribution made by the St. George Charity Fund. He returned the money on May 13, approximately four months after it was made. It likely dawned on someone in his camp, maybe Hanna himself, that this kind of contribution is unlawful.

Had I done a bit more research, this would not be a story. While the Church obviously abused its tax exempt status, the error was caught and rectified. I am quick to point out errors on campaign finance reports, so I have to acknowledge mny own mistake, and apologize to anyone who was misled by my faux pas.

(Originally published 12:07 am.)

Will Joe Hanna Finally Run For Lehigh County Sheriff?

Two former Allentown Police Chiefs may be on the ballot next year. Michael Molovinsky speculates that former Chief Roger MacLean may run for Mayor. If he does, he might be joined on the ballit by former Police Chief Joe hanna.

Lehigh County's Sheriff For Life Ron Rossi has been the top crime dog there since his election in 1991. His latest term of office is set to expire next year and may be his last. In fact, there is some question whether he will complete his current term in office. Rossi is currently in a nursing home, undergoing some form of physical therapy. I wish him a speedy recovery.

Joe Hanna is currently employed as a detective for Lehigh County DA Jim Martin. I have not confirmed this with him, but have learned has a “Special Announcement & Reception” set for 6:00-8:00 pm Monday (Dec. 8) at the FOP Home at 26 North St. in Allentown.

Sheriff Miller Needs Six Deputies

When a Sheriff tells you he needs more people, it's hard to say No. I found that out years ago, when Council balked at then Sheriff Jeff Hawbecker's request for more manpower. All he had to do was say the magic word - Columbine - and he got everything he wanted.

Northampton County Sheriff Randy Miller told Council last night that he needs six more full-time deputies Currently, he has 59, as well as 14 part-time deputies. In Lehigh County, Sheriff Miller stated there are nearly 90 deputies. Miller told Council that his staff is so busy that even the part-timers are working 40-hour weeks. Because everyone is tied up in court, there's no time to train. They are now transporting juveniles, something that has only started in recent years. He also noted that Sheriffs are falling behind in serving process, opening the door to private service processors.

One complication for the Sheriff is that there is a 13% call off rate among deputies, i.e. deputies who call in sick or take personal time with only one days notice. This means there is a 1 in 9 possibility that a Deputy assigned to a particular task that day will call off. Miller stated that issue is being addressed in contract negotiations. But this high call off rate might also be an indication that deputies are overwhelmed..

Council's Personnel Committee headed by Ken Kraft unanimously voted to move Sheriff Miller's request forward.  Kraft did note that, starting next year, this will increase personnel costs by $500,000.

The Sheriff stated that Deputies will be hired within two weeks of Council's approval.

McClure Wants An Elected Sheriff

At last night's County Council meeting, Lamont McClure made a pitch for an elected Sheriff, suggesting the Home Rule Charter needs to be changed.  His argument was that the Sheriff reports both to the Executive and the Courts, an inherent conflict of interest. "No man should have two masters," McClure posited.

I see.

Well, if two masters are bad, wouldn't 297,735 masters be even worse? That's the population of Northampton County, according to the latest census.

What McClure is really arguing for is an elected Sheriff who owes his office to the public sector union that helps elect him.

Kinda' like McClure himself.

Executive John Stoffa told McClure he would be unable to support a referendum on this topic, noting that it would lead to unqualified people seeking the office.

Kinda' like Barron von Footinmouth, a Controller whose degree is in political science.

There was no rush to join McClure from any other Council members.