NorCo Exec Vetoes Ordinance That Tramples Executive Power; Violates Sunshine Act and Robert's Rules

Northampton County Council may have thought that it conducted its last meeting of the year on December 11, but it looks like it will be meeting again on Thursday night.  A special meeting has been called for the express purpose of overriding McClure's veto of an ordinance adopted on December 4 that appears to have been adopted unlawfully. 

When NorCo Council met on December 4, it had a packed agenda. This included a vote on budget amendments, the budget itself, the millage rate and several related resolutions. Though that should be more than enough business for one meeting, Council President Lori Vargo Heffner wanted to reconsider a proposed ordinance that was previously tabled by Council by a 9-0 vote on August 7, nearly four months before. 

When this proposed ordinance was tabled, it was tabled indefinitely, not to a specific date. Under Robert's Rules, when an item is tabled indefinitely, it dies. If Vargo-Heffner wanted to consider it again, she would need to re-introduce as a new ordinance, and a public hearing would be needed. 

This was the point made by soon-to-be Judge Jeremy Clark at an Easton City Council meeting on December 10 concerning an unrelated ordinance that had been tabled several months before. "If the matter is not addressed by the next meeting, the matter technically dies and then it must be re-introduced and voted on again."

This procedural rule prevents some Council members from blindsiding others, including the public, concerning a matter that everyone thought had been put to bed. It's a matter of basic fairness.   

I suspect that Vargo-Heffner wanted to get this ordinance adopted now because the incoming County Council would hesitate before hamstringing incoming Executive Zrinski. 

In addition to violating Robert's Rules. the resurrection of this dead ordinance also violates the Sunshine Act.  Northampton County Council must publish an agenda for an upcoming meeting 24 hours in advance. This item was missing from the published agenda. It could be added, but Council is required at the onset of the meeting to vote and approve changing the agenda. That never happened. 

In a veto message dated December 11, McClure points out yet another potential Sunshine Act violation. The ordinance requires that the Council President can appoint as many members as she wishes to a committee that evaluates bids. This is an invitation to back-room meetings instead of conducting business in a public spotlight. 

McClure also called the ordinance, which injects County Council into procurement, an impermissible encroachment into the Executive's power to administer county government as set forth in Article IX of the Home Rule Charter. While I strongly support a tight rein on the executive branch, packing evaluation committees behind closed doors with part-time Council members will make county government more unwieldy and present more opportunities for mischief. This goes far beyond legislation and oversight and makes Council members mini-Executives. 

Council member Ken Kraft argued that the now nontabled ordinance, which was "wordsmithed" to include far more Council involvement in the procurement process than in the original proposal, should be advertised before a vote is taken. He also said Council is "overreaching" and that Vargo Heffner is micro-managing. "You're getting in the way," he said. "You're tripping over nickels to save pennies."

Council member Kelly Keegan said she should have had 24 hours' notice and is right because that's what the Sunshine Act requires. 

In the end, Count Council voted for the change in procurement with only Keegan voting No. I have problems with it substantively but am more troubled that it was adopted both in violation of the Sunshine Act and Robert's Rules. 

NorCo Council Tables Ordinance Requiring Evaluation Committee For All RFPs and With Council Participation

Last night, Northampton County Council voted unanimously to table an ordinance designed to give them much more input in the selection of county vendors. 

By way of background, let me fill you in on the current way most vendors are chosen. In addition to sealed bids, one of the ways that Northampton County hires vendors is through a competitive negotiation process called a Requests for Proposals (RFPs). They are opened by the Procurement Officer, with the Controller's office serving as a witness. If deemed necessary, a committee can be formed to evaluate and rank the proposals. If such a committee is formed, a member of County Council must be invited to sit on it. 

Under a proposed ordinance sponsored by Council members John Goffredo and Jeff Corpora, the Administrative Code would require the establishment of an evaluation committee for all RFPs. What's more, up to three Council members would participate in the selection of vendors. The reason for this, according to the ordinance, is that "public trust and confidence in the ethical conduct of individuals elected, appointed and/or employed to serve the County is of paramount importance." Sounds very noble, but this could also be a way for some council members to operate behind closed doors and influence the selection of vendors with whom they are allied, either personally or politically.  

Now, Council President Lori Vargo Heffner did seek and get an amendment that would make Council's participation optional at their discretion, but the ordinance would still require that a committee be formed for every RFP. 

NorCo Controller Tara Zrinski raised red flags about the proposed ordinance during courtesy of the floor, while Council President Lori Vargo Heffner carefully timed her five minutes. Zrinski noted her office, which exists to ensure against fraud and waste of county funds, must be present when RFPs are opened. She first noted that requiring the Procurement Officer to form an evaluation for every RFP would cause unnecessary delays. She then warned that a County Council stacked evaluation committee, which would obviously be meeting behind closed doors, would create the possibility of "outside pressure and interventions in the process," which she later described as "political or inappropriate interventions into the vendor selection process." She made clear she has no reason to doubt the integrity of Council members, but this could put multiple council members "in a position to steer county business to political supporters or donors." She indicated she understands Council's desire for transparency, but the proposed ordinance has too many "negative impacts."

During his moment in the Council sunshine, Executive Lamont McClure said he was unaware the Controller was going to raise an alarm, but he largely agreed with her. He asked whether the ordinance requiring the formation of a selection committee for every RFP would apply to "the chocolate milk at Gracedale." He then asked what a mandatory selection committee with County Council membership is meant to address. He noted most RFPs, which are in such small amounts that no council approval is needed, are administrative functions.

"What is the impetus for this?" he asked. "I'd like to know what specifically the problems in procurement have been that you can identify that would lead me to evaluate whether we should do this or not." 

Crickets.

Vargo Heffner would later complain that she once received a letter from procurement about selecting a Council member for an evaluation committee if one is formed. She thought that was "incredibly dismissive and rude." 

Council member Ron Heckman said he thought it might be appropriate for a council member to sit on an evaluation committee, but strictly as an observer. He also warned that all county power should not be vested in one branch, be it executive or legislative. He concluded that the ordinance could use some tweaking.  

"I don't know whose hair-brained idea this was," said Council member Ken Kraft, who added the current system works fine. He called it a "power grab" by a Council that already controls the purse strings. He moved to table, which was seconded by Jeff Warren. 

It passed unanimously.