NorCo Council Members Complain About Gift Ordinance They Passed

Like most municipalities, Northampton County has a gift ban. In 2023, after a great deal of foot-dragging, Council adopted a gift ban ordinance proposed by Executive Lamont McClure to close some loopholes in the Administrative Code. Except for items of de minimis value, like a pen or a coffee cup, the basic rule is that no elected official should accept a gift from anyone who wants something from the county. That includes entities like ArtsQuest and the Iron Pigs, who always want hotel tax revenue. 

At Council's April 3 meeting, Council members Kelly Keegan and Ron Heckman both complained about the ban. 

According to Keegan, "Businesses want us there [at events] as county commissioners, but we have this ordinance that we pay for, that we can't accept gifts. But they want us to be present and they're inviting us but we can't go to everything because it's too expensive to go to everything and not accept a gift."

Heckman bemoaned the ban on free tickets to Iron Pigs games. "You're not being invited to the Plaza Hotel for a Trump announcement with lobster and hors d'oeurves. You're invited to the AAA ball park and let's say they have sodas there, and let's say they have hamburgers, day-old hot dogs, I think it's crazy to say 'Oh somehow, you're doing something and getting something that the general public ... I mean if you go down that rabbit hole far enough, you're gonna' come out ... by saying that some of this stuff had something to do with the JFK assassination."

Heckman and Keegan are both painfully unaware of the question of optics presented when a member of the general public sees an elected official living it up in a VIP tent at Musikfest or the Iron Pigs box. 

Common Cause's Jay Keck has noted, "The real problem in my mind is one of perception. ... Public officials get preferential treatment by being offered these tickets ahead of the rest of the public. ... It creates real cynicism on the part of a lot of citizens about public officials and, frankly, I think public officials, to their detriment, accept things like this and don't think twice about the effect it's going to have on public morale."

If this means you're unable to attend an event because it's too expensive, welcome to the real world. 

NorCo Council Finally Adopts Gift Ban

Last night, Northampton County Council voted unanimously to endorse a gift ban proposed by Executive Lamont McClure. Though the county's Home Rule Charter already contains a gift ban, the county's Administrative Code included so many exceptions as to render it meaningless. 

McClure's gift ban amends the Administrative Code to make it consistent with the Home Rule Charter. 

It follows the gift ban imposed earlier this year by Governor Josh Shapiro. 

Council member Ron Heckman said he was initially "taken aback" by the proposal. But after speaking to Council Solicitor, "I understand what [McClure's] doing and it makes sense.",

Heckman and Council member Kevin Lott sponsored the gift ban ordinance. 

McClure's Gift Ban Ordinance Finally Introduced

After months of foot-dragging, Northampton County Council last week finally introduced the gift ban ordinance first proposed by Executive Lamont McClure in April. It only took them three months to get around to it. 

Northampton County's Home Rule Charter has a pretty clear prohibition on gifts, but the County's Administrative Code contains so many exceptions you can drive a Mack Truck through it.  What McClure has proposed is akin to Governor Josh Shapiro's gift ban. 

Ironically, the ordinance is sponsored by Council member Ron Heckman, who did nothing but complain about it. 

Heckman Fails To Understand Why Gift Ban Needed

Last week's meeting of Northampton County Council's so-called "governance" committee, dominated by Council member Ron Heckman, was actually its antithesis. The main topic was a gift ban ordinance (read it here) proposed several weeks ago by Executive Lamont McClure. It was repeatedly panned by Council member Ron Heckman, although he said he'd support it. He acted as Council Solicitor during portions of the meeting, providing incorrect answers to questions. County Council Solicitor Chris Spadoni not only failed to correct Heckman's errors, but instead acted as though he's now a member of County Council. He engaged in policy discussions with the rest of them. Here are some of Heckman's many complaints: 

"Are we going to have to be constantly looking over our shoulders?

"I wish somebody would invite me to a ball game.

"I think what's already there is clear. 

"You know when you've done something wrong.

"I don't know if we can ever legislate ethics

"Isn't that what the state Ethics Commission is there for?

"I don't have a problem with it in general"

"When you're out of office, you're lucky if they remember your name. I've had that happen on numerous occasions. 

"Isn't the law what the last judge in line says it is?

His remarks and questions betray a basic ignorance about the gift ban ordinance and why it's needed. This has absolutely nothing to do with the state Ethics Code or Ethics Commission. It goes beyond the state law.  It's designed to prevent public officials from trading on their public positions for favorable treatment by those doing business with the county. And yes, it happens. 

PFM Asset Management, which manages the county's hefty pension plan, has a box with the 76ers, Eagles and Phillies. It's good business and is used to keep customers happy. These include public employees. I'd be shocked if county officials would turn down the opportunity to go to a playoff game. 

In fact, in a story advocating a gift ban in Northampton County, a retired government worker had this insight: "Having worked in local government I can say that the amount of people accepting gifts is staggering. Tickets to sporting events (a big one), lunches, dinners, other gratuities were all something that I politely declined. We shouldn't need a gift ban to know the difference between right and wrong. Unfortunately there is no shortage of people willing to take something for free when offered. This includes both elected officials and appointed staff members."

A public official who takes advantage of these percs commits no violation of state ethics law. So contrary to what Heckman asserts, the Ethics Commission would take no action if he attended a Phillies or Eagles game as a guest of PFM or any other county vendor. But it's certainly bad optics. Common Cause's Jay Keck has noted, "The real problem in my mind is one of perception. ... Public officials get preferential treatment by being offered these tickets ahead of the rest of the public. ... It creates real cynicism on the part of a lot of citizens about public officials and, frankly, I think public officials, to their detriment, accept things like this and don't think twice about the effect it's going to have on public morale."

That perception exists locally. In a post about yet another handout to ArtsQuest, I wondered whether elected officials get preferential treatment. A reader responded, "Of course elected officials receive tickets to premium ArtsQuest events. They are not always received directly from ArtsQuest, however. Blue Cross, LVHN and other organizations often purchase them in bulk and distribute them to elected officials and other dignitaries. At Musikfest this year, I encourage everyone to take a closer look at the VIP section of every headliner event. You are likely to recognize some of the faces." 

One example of this is Northampton County Council member Tara Zrinski. She even bragged about it. On her public official Facebook page, she has twice thanked ArtsQuest for "hosting" her. On August 10, she published a Facebook post that includes pictures of her with ArtsQuest CEO Kassie Hilgert during a concert. "Musikfest was awesome tonight," she effuses.  "What a great view. Thank you ArtsQuest and Kassie Hilgert for hosting us."

Hilgert responds, "Thank YOU for all of the support!"

This certainly implies a quid pro quo. It's definitely bad optics. Zrinski is a reliable Yes vote to ArtsQuest requests for county funding, VIP tickets at Musikfest can be expensive. I have no problem with Hilgert doing what she needs to do to secure funding, but have a big problem with Zrinski for certainly creating the impression that she's for sale.  She never responded to requests asking her to explain that incident and whether she accepts free meals and tickets to different events. 

So yes, it happens. And it does includes part-time elected officials like Heckman. 

Heckman claims that what's already there is clear. He's joined in this misimpression by Council member John Brown. Yes, a gift ban is our Home Rule Charter, and it's pretty clear. "No elected official, officer or employee shall receive benefit from the profits or emoluments of any contract, job, work or service for the County or accept anything of value, upon terms for favorable than those granted to the public generally, from any person dealing with the County.  No elected official, officer or employee shall solicit or receive anything of value from anyone dealing with the County. This subsection shall not be construed to prevent elected officials, officers or employees from accepting group discounts, group insurance or other economic advantages offered to all elected officials, officers and  employees."

But get this. The Administrative Code completely guts it. Iin violation of the Home Rule Charter, it actually allows officials to be wined, dined and even accept SuperBowl tickets.  They can accept meals and even cash for lodging, travel, and entertainment if invited to participate in some conference. This blatant deviation from our Home Rule Charter renders the gift ban meaningless. So when Council members John Brown and Ron Heckman say things are just fine as they are, what they are saying is that they have no problem with a meaningless Home Rule Charter. 

In reality, McClure's gift ban ordinance is needed to close a gigantic loophole created by the Administrative Code.  

His proposal is less draconian than Bethlehem's. It does allow for gifts of de minimis value. Heckman started ranting about the use of Latin. "Nobody has determined where that line exists," complained Council member Lori Vargo Heffner. That line is defined in the ordinance itself. It is "any property or service the value of which is so small as to make accounting for it unreasonable or administratively impracticable."  

Council Solicitor Chris Spadoni never told Vargo Heffner and other Council members that their question is answered by the language in the ordinance. He apparently never read the ordinance himself. 

If a Council member has a question whether an offered gift crosses that line, he or she should just say No. 

Another objection spun by Heckman is that people can just complain to the state Ethics Commission. That's false. There's nothing in the state Ethics Code that bans public employees or officials from accepting gifts. Spadoni failed to correct that misinformation, disseminated primarily by wannabe Solicitor Heckman, 

Council member Tara Zrinski, who arrived late to the discussion, worried that the gift ban ordinance could be weaponized to remove disliked Council members like herself from office. Wannabe Solicitor Heckman incorrectly told her that a violator can be removed. That's false. The only way an elected official can be removed from office is if he or she is convicted of an infamous crime or by the Governor after impeachment and conviction by the state legislature. Spadoni failed to correct this misinformation as well. 

There were some rays of sunlight. Council member John Cusick summed up his sentiments in two sentences. "I have nothing. I think that it's fine." Council member John Goffredo seemed to be on board. And other than having questions that could be answered by reading the ordinance and the charter, Vargo Heffner had no issues. Tom Giovanni was mercifully silent. 

It will pass unanimously, but Council members like Heckman and Brown made clear they dislike it. That's something to keep in mind should either seek re-election. 

Heckman Both For and Against McClure's Proposed Gift Ban Ordinance

Council member Ron Heckman, who is rarely at a loss for words, made perfectly clear that he is both for and against Executive Lamont McClure's proposed gift ban ordinance. He really hates the idea of "looking over my shoulder" every time he takes a freebee. He thinks the current ban which has so many holes  to render it meaningless, is just fine. But he's reluctantly willing to go along with a ban that actually does ban gifts.

He also complained that people stop saying Hello to you once you're out of office. 

Last night, Northampton County unanimously agreed to delay introduction for two weeks so Heckman can tweak it a bit. 

NorCo Council Poised to Consider McClure's Proposed Gift Ban

Pennsylvania is among a minority of states that still allow gifts from vendors and prospective vendors so long as they are disclosed. Northampton County's Home Rule Charter ostensibly banned them, but the subsequently adopted Administrative Code created so many exceptions that it rendered the gift ban completely meaningless. Elected and appointed officials and county employees could attend an Eagles game or ArtsQuest concert with a prospective vendor sitting next to him and do no wrong. Most of us need no one to tell us this is wrong, if only because it undermines public confidence in honest government. For the rest, there's a gift ban. 

In April, Executive Lamont McClure proposed a comprehensive gift ban (you can read it here) similar to one imposed by Governor Josh Shapiro for executive employees.  Yes, you can accept items of de minimis value like a bottle of water or bag of chips. But it will prevents public officials from accepting gifts from anyone who has or wants a relationship with the county. 

I know of very few NorCo elected or public officials who have used their office to grease vendors . But it happens, perhaps without realize that it makes that official and everyone around him or her look corrupt. 

It is my hope that all nine Council members would want to sponsor this proposal. 

Where's the Gift Ban in Allentown and Easton?

Some people like former NorCo Executive John Stoffa have a deep sense of personal integrity. He once refused a bag of pretzels from someone who wanted money from the County. He refused to accept a parking spot just for him, choosing instead to trudge up the hill to the courthouse until his hip gave out. In Bethlehem, former City Council Clerk Cindy Biedenkopf refused a gift of tickets to some event she wanted to see, choosing instead to write out a check. Vic Mazziotti would tell NorCo vendors who wanted to buy him lunch that they could, but they would never do business in the County. Some people do the right thing without others telling them. For others, there's a gift ban policy like the one recently announced by Bethlehem Mayor Bob Donchez. Why has neither Allentown's Fed Ed nor Easton's Sal Panto imposed a similar ban? Their silence on this topic speaks volumes.