ET Reporter Wants to Suppress Bethlehem Whistle Blowers?

Lynn Olanoff is a reporter who covers Bethlehem for The Express Times. She's apparently had enough of my bottom-feeding. She has yet to tell her readers that Bethlehem City Council member Karen Dolan failed to file her nonprofit tax returns for three years in a row. She doesn't think you need to know that Dolan's nonprofit status at Illick's Mill was revoked for at least a year. She'd rather not discuss the $128,000 bill that Dolan ran up with the City, or her conflicts of interest in using her public office to get preferential treatment at a nonprofit where she was the paid Executive Director. She's downplayed that Investigating Grand Jury. She'll decide what you need to know. She's the gatekeeper, damn it! Time to put me in my place.

My report about Dolan's removal from the Parks Committee seems to have been the final straw. I got that out there before the dailies. This is not a knock on them. I have no editor and 5,000 editors. You are my editors. It's a blessing and a curse.

Earlier this week, Olanoff chilled rank-and-file City workers from whispering into the ears of bottom-feeders like me. No deep throats in Bethlehem. She did this by filing a Right-to-Know request with the City, demanding copies of all emails sent by City workers to me. She also wants to know what they're telling District Attorney John Morganelli. As I understand it, the Right-to-Know was sent to somewhere between 50-150 City workers.

Interestingly, this Right-to-Know also comes at a time when Karen Dolan is trying to find out who is leaking all that negative information about her to me.

Now I know I'm just a bottom-feeder, but what possible reason could a real reporter have in discouraging City employees from talking to news sources, even if it's not her?  She actually wants to scare people away from revealing information instead of encouraging it. She is also interfering with another reporter, although I suppose that I don't count.

I called and emailed her. I did not get the courtesy of an answer. It must be beneath her. I did get a reply from her editor, who told me he still loves me and that I am way off base.

Really? What possible reason could Olanoff have for this request other than to find out who is leaking information about Dolan? What possible impact can it have other than to scare City workers, who have enough problems?

How would she feel if I filed a Right-to-Know request, seeking emails sent by City workers to her and Karen Dolan?

Incidentally, what this reporter and Dolan will discover with this Right-to-Know is that I get lots of emails. They're called news releases, along with notices of zoning and planning meetings.

A real smoking gun there.

But I want to thank her. She has unwittingly identified me as the go-to guy for information about government corruption. My email address is BOHare5948@aol.com. Send all dirt my way. Just don't email me from a government account.

Accounting Manager Promoted Despite Nepotism Claim

Lamont McClure

Is it a blessing or a curse to be the child of a highly-placed elected official? That relationship might make it easier to secure a position or a raise. But the person involved could be exposed to all kinds of scrutiny that would never occur if no relationship existed. Mary Allice Einfalt, Northampton County's Accounting Manager, could probably weigh in on this topic. By a 5-2 vote of County Council at their May 15 meeting, she was reclassified as part of a fiscal overhaul to give her additional oversight over many operations. She was also awarded a major salary hike, from $66,504 to $87,307. To some, this promotion and reorganization were long overdue. To others, it was nepotism. Einfalt is the daughter of Council president Peg Ferraro.

Einfalt's reclassification is part of a plan to require accountants to report to accountants, instead of program directors. This problem, along with a lack of tighter fiscal control at Gracedale, has been identified by external auditors as a "material weakness" in internal controls for the past two years. It has also cost the County money. With the exception of Controller Steve Barron, nobody has voiced any serious objection to this reorganization, which also reduces the responsibilities of an accountant at Gracedale and creates a new fiscal administrator for human services. Barron's objection was that the County was putting the "cart in front of the horse." He pointed to outdated fiscal policies and procedures, which go back to 1988, and suggested they be revised first.

Scott Parsons was the swing vote

Nobody challenged Einfalt's qualifications. A CPA, she's been employed by the County since 2010. In that time, she's assumed responsibility for numerous financial statements, initiated paperless pay, eliminated OT in Payroll by 97%, and has taken some Human Resources tracking from there to Payroll. She has identified and eliminated internal control weaknesses missed by the outside auditor and Controller. One glaring example of this is eliminating a practice in which the accounts payable department was permitted to create new vendors. She is a cross-training advocate and also a disciple of Continuous Improvement (CI), which ironically was championed by John Brown's opponent, John Callahan.

But some Council members, particularly Lamont McClure,  had concerns that have also been voiced by County workers.

McClure was put off by the size of the salary hike, a point he mentioned repeatedly at a Council and Personnel Committee hearing

"When was the last time this County gave anyone a 30% pay hike?" he asked Executive John Brown, who was unable to cite an example.

"Unprecedented", "historic" and "massive" are words he used to describe the pay increase.

McClure and Ken Kraft also raised questions whether career service regulations were being followed. When a new position is created, career service regulations require the job to be posted so that others within the County can apply. But Executive Brown told them this was no new position. Einfalt was and remains the Accounting Manager. As a result of a desk audit, her position has been re-classified to add additional responsibilities and give her a larger salary.

Then McClure raised the nepotism issue. It had been raised the previous day by Council member Hayden Phillips, but after speaking to Einfalt, he became "enthused." "I have to tell you, I'm a big fan," he had said at a Committee meeting.

McClure, to put it mildly, was unenthused.

"No one else in this County is getting this kind of raise. Our employees are still shell-shocked over the Easton commuter taxes. ... I'm very concerned that, in order to get this kind of consideration, you need to be politically connected, and I'm just very concerned about that. It's unfortunate."

"That's very uncalled for," retorted Peg Ferraro. .

"What's uncalled for? What I think is uncalled for is that people who are interested in the issue - you, Madame President, making phone calls to our fellow Council colleagues regarding this issue, in advance of the issue, when you should have, in my view, not been involved in any conduct whatever advancing this issue."

After the meeting, Ferraro acknowledged that she did call Council members, as Council President, to advise them that this matter would be considered. She denied lobbying for her daughter, took no real part in the discussion at Council and in Committee and recused herself from the vote.

McClure, who accused Ferraro of nepotism, bristled during last year's budget debates when a Council member suggested that he was unable to vote for raises to professional employees like his wife, who is employed as an Assistant District Attorney. He pointed out, correctly, that she is part of a class receiving the raise and there was no conflict.

After the nepotism accusation, the vote was quickly taken. Ken Kraft and McClure opposed the promotion, Ferraro recused herself, and the five remaining Council members, including Democrat Scott Parsons, supported the reclassification. Bob Werner was absent as a result of a death in the family.

The other proposals, which reduced the responsibility of Gracedale's Fiscal Administrator and created a new position for fiscal management of human services, passed 8-0.

Gracedale Deficit Could reach $10MM by 2018

Gracedale Administrator Dee Freeman 

Gracedale Administrator Millard "Dee" Freeman told Northampton County' Human Services Committee, at their May 15 meeting that if the County leaves things the way the currently are at the nursing home, it will run a $10 million deficit "or worse" by 2018. If they work at increasing the census, it will still require a $8.5 million County contribution in four years. But he predicted that the facility could break even if recommendations previously made are implemented.

The reason for increasing cost is simple. "Our expenses are outpacing increases in revenue every year," he explained. He went on to indicate that a plan, which is still in draft, will soon be released for review by the unions and county Council.

One of the ideas Freeman proposed to save money was implemented by a 8-0 vote of the full Council in its regular meeting later that day. This is the use of a large pool of LPNs and nurse attendants who are paid slightly more than regular workers, but who would only work one or two shifts every month. They are paid no benefits. Freeman explained this would reduce overtime and provide relief for some nurses who are forced into mandatory overtime.

Freeman also discussed the five-star Medicare rating system for nursing homes. Gracedale is currently rated at two stars, i.e. below average.  He explained that what hurts the nursing home is not the quality of care, which has a four-star rating, but regulatory compliance is where the nursing home has shortcomings because of the age of the facility. There are usually 17-20 building citations. But Freeman predicts that will go up next year because Public Works has begun to implement numerous preventive maintenance measures.

Freeman is an employee of Premier Healthcare Resources, a privatized Administrator hired by the County in response to the rising deficit. Council member Lamont McClure has advocated a return to county administration.

Meet Northampton County's HAL

"I wonder what happens if I push this button?" asks Peg Ferraro, The rotunda popped open and an ICBM was launched at Lehigh County. 

"How may I server you?" asks Al Jordon

At this time last year, Northampton County's sensitive computer room - the nerve center of all County operations, was in complete disarray. Severs and switches were threatened by failing air conditioners, roof leaks and even invading birds and vermin. County Council quickly appropriated $650,000 in this year's budget to fix the problem.

The County's phone system will soon run through these boxes

Before the May 15 Council meeting, like a proud father, Director of Information Services Al Jordan took everyone on tours of the renovated room. It was like stepping into a space shuttle, with thousands of blinking lights and blowers keeping strict control of the temperature.

The only problem was getting out.

"Open the doors, HAL," ordered Jordan at the end of the tour.

"I'm afraid I can't do that, Al," answered HAL.

We had to sacrifice Ken Kraft. May he rest in peace.

Why This Blog Has Been Getting Spammed

Over the past two days, this Blog has been getting slammed relentlessly with hundreds of anonymous comments like this:

"ohare is a revolting liar with a tic tac dick and has an undercurrent rage directed at society"

and this:

"ohare is a fan of NAMBLA and always posts photos of other people's kids without permission"

Although I usually do not track down these kinds of comments, hundreds of them mademe curious. I have identified the ISP and IP range, and this will be forwarded for additional comments.

What inspired these comments?

One reason is that her Superior Court appeal of the $67,140 verdict against her (it's now $67,660) is in trouble. It is a premature appeal and will likely be quashed soon. Another is that the Superior Court disagreed with her belief that she is some sort of super-DA, and gave her a pretty good spanking over her attempt to play John Morganelli and decide who is and is not worthy of criminal prosecution. Finally, her attempt to sue me has been dismissed because she refused to pay her filing fees. She tried to get a judge to reconsider the matter, but her motion was denied yesterday. That's when the spam started.

Apology to Mark Aurand, Scott Parsons

Earlier today, I posted a blog criticizing all three Democrats running for a seat in the 40th Senatorial District. Although all three candidates filed timely reports with the state, I complained that not one of them bothered filing a report in Northampton County, which is a violation of state campaign finance laws. I also ripped them for filing paper reports in Harrisburg, instead of e-filing. This means we would have to wait until after the election to follow the money. But I was wrong, and owe an apology to Scott Parsons and Mark Aurand.

My first major error was in reporting that Aurand filed no report with the County. He did, and filed a timely report. It was buried, out of alphabetical order, but it was in the pile of filed campaign finance reports. I just missed it as a result of my own negligence. So I was completely off base here.

My second big error involves Scott parsons, and possibly the other two Democrats and Mario Scavello as well. Campaign consultant Mike Fleck called me this morning to tell me that Parsons did e-file his finance report in Harrisburg, which should have been available immediately. But instead, Parsons received a notice on Sunday, from the state, that his report was unfiled. As luck would have it, they are having problems in Harrisburg, and the person who really understands the e-filing has been ill.

Parsons did admit to me that he failed to file a report with the County, but corrected that error and will file in Monroe as well.

I don't know what is going on with Capozzolo, but know his report in Northampton County was still unfiled as of noon.

Since it appears there may be some sort of clerical problem in Harrisburg, I believe I was wrong to jump all over the candidates so quickly. I was clearly wrong to criticize Aurand for not doing something he had actually done.

I apologize to my readers. I try my best to get it right, but sometimes I really screw up. This is one of those times.

I also apologize to Mark Aurand and Scott Parsons.

Callahan Called Before Grand Jury

Former Bethlehem Mayor John Callahan has been spotted on his way to the investigating grand jury. Located in Easton this grand jury is investigating the mismanagement of a nonprofit formerly directed by Bethlehem city council member Karen Dolan. In addition to a $128,000 debt to the city that was written off, the grand jury is investigating possible conflicts of interest by Dolan. She allegedly used the power of her office to obtain preferential treatment at her nonprofit.

Parsons, Aurand and Capozzolo: Show Me the Money!

I

Note (3:00 pm): This report has some errors. See my explanatory post. 

Democrats Mark Aurand, Joe Capozzolo and Scott Parsons are currently duking it out over their party's nomination to the newly minted 40th Senatorial District. Since this includes nearly all of Monroe and about half of Northampton County, it’s a pretty big deal. While they were willing to attend a debate at the Gracedale Chapel last week in which they largely agreed with each other, I know next to nothing about their campaign finances. Where they get their money from is probably just as important than what they say in a debate, but we know next to nothing about that.

Though they have all filed campaign finance reports with the Department of State in Harrisburg, they filed paper reports. So unless someone is willing to drive to Harrisburg, we’ll have to wait until well after the election is over to be able to follow the money. This defeats the whole point of campaign finance disclosure laws.

In most cases, state candidates file what are known as “courtesy” copies in local elections office. In fact the Department of State directs state senate candidates to "[f]ile with the Department of State and the county in which the candidate resides." Many of the state representative candidates, as well as State Senator Lisa Boscola, have complied.

Capozzolo and Parsons filed nothing in Northampton County. (Parsons filed today).

Whoever wins this race will face State Rep. Mario Scavello in the General election. He’s a Republican from Monroe County and is running unopposed. Unlike his Democratic counterparts, he did file a courtesy copy of his latest campaign finance report, and in Northampton County.

Scavello reports total funds of $406,891.32, consisting of lots of small as well as very large contributions. Despite being unopposed, he spent $110,035.48 in this election cycle. His spending even included a mailer to Democrats.

In any event, Scavello has demonstrated transparency by disclosing who is funding him. All three Democrats have failed a pretty basic test of transparency and accountability

Come on, guys! Show Me the Money!

Updated 12:45 pm. Scott Parsons has filed his campaign finance report. It turns out that Aurand did file his report on May 7. I missed it bc it was buried at the bottom, out of order, under a cover page. An earlier version of this story indicates Aurand failed to file with the County. That assertion was inaccurate and I apologize. 

Brown Proposes NorCo Fiscal Overhaul

Lamont McClure has lots of questions

Northampton County Executive John Brown has proposed a sweeping overhaul of the County's Fiscal Affairs Department. It's a plan that calls for county accountants to be responsible to other accountants instead of department heads. Acting Fiscal Affairs Director Doran J. Hamann, who has been employed at Northampton County for 35 years, likes what he sees, believing it will go a long way towards resolving "material weaknesses" identified in the County's last two independent audits. Brown told Council's Personnel Committee yesterday that, at the end of the day, it should save taxpayers money.

What makes this plan controversial to some is that it calls for a major promotion of an accountant whose mother happens to be Council President Peg Ferraro. This accountant, Mary Alice Einfalt, is a CPA who in four years has taken over responsibility for General Purpose Financial Statements (GPFS) and the Comprehensive Annual Financial Report (CAFR). She's transformed Payroll, initiating paperless pay, eliminating OT there by 97%, and has taken some Human Resources tracking from there to Payroll. She has identified and eliminated internal control weaknesses missed by the outside auditor and Controller. One glaring example of this is eliminating a practice in which the accounts payable department was permitted to create new vendors. She is a cross-training advocate and also a disciple of Continuous Improvement (CI), which ironically was championed by John Brown's opponent, John Callahan. In an interview, she stated she wants accountants reporting to what she calls "other bean counters", not department heads.

But she's Peg Ferraro's daughter, a point that Council member Hayden Phillips mentioned at the Personnel Committee. But after speaking to her, his concerns about nepotism vanished. "I'm very enthused about Mary Alice having this position to the extent that it overcame my concern of even a hint of nepotism," he said. "I really want to make sure that this is purer than Caesar's wife," he added.

Phillips is the only Council member who squarely addressed the nepotism question, which was avoided by other Council members.

"I have to tell you, I'm a fan," said Phillips of Brown's proposal. "I think this is really what the County needs.

Council President Peg Ferarro took no part in the discussion concerning her daughter. Under the County's nepotism policy, put in place in 2007, will be unable to vote for her daughter's promotion

It's a big one. Her salary as Accounting Manager will skyrocket from $66,504 to $87,307.

At the same time, Gracedale's Fiscal Administrator will have his responsibilities reduced. His salary will also be reduced, but only slightly, from $95,341 to $95.005. He will report directly to Einfalt instead of to Gracedale Administrator Dee Herman.

This fiscal overhaul also calls for a new position, Human Services Fiscal Administrator, with a salary ranging between $73,064 and $103,955. Accountants in different human services departments will report to the Fiscal Administrator instead of department heads, giving the County a better idea whether an individual department is going over budget.

Hamann reminded Council that outside audits have identified "material weaknesses" in the internal controls of Human Services departments. "That's not something you want your external auditors to find about your organization," he observed. "In my terms, a 'material weakness' is something that needs to be addressed immediately, if not sooner." Health Choices, Gracedale, Drug and Alcohol and Children and Youth have been identified as problem areas. He completely supports giving the Fiscal Department greater financial oversight in those departments. "We can constantly, on a day-to-day basis, be involved in what's happening, rather than being involved at the 11th hour," he explained.

Controller Steve Barron, however, had reservations. He said the County's Fiscal Policies and Procedures, last updated in 1988, should be addressed first. On three separate occasions in his monologue, he told Council that Brown was "putting the cart in front of the horse." This expression was later picked up by Council member Lamont McClure, who repeated that phrase twice. Ken Kraft repeated it once.

Kraft suggested that the proposal be reviewed by the Finance Committee first, to determine if it has an impact on the Budget. Brown stated the total impact would be under $50,000, and could save much more money.

McClure suggested he might go along with the overhaul if the Executive committed to shedding Premiere, Gracedale's privatized Administrator. Without answering, Brown noted that many of Premiere's recommendations still need to be implemented by Council, including a pool of per diem workers. He added that, since being sworn into office in January, he has paid close attention to Premiere and Gracedale, "There hasn't been a hard line for the Gracedale account into Fiscal," he explained, referring to a need for greater oversight.

McClure also suggested this reorganization would be unnecessary if Brown just appointed a Director of Fiscal Affairs. The Executive answered that he has yet to determine whether that role needs to be filled, but that the accountability problem would persist even if the position were filled.

Council is scheduled to vote on Brown's fiscal reorganization this evening.

The one accounting rule everyone needs to remember is the rule of five. Are there five votes? Kraft stated he likes the idea, and McClure may go along as well.

NorCo Closes on Wolf Building

Developer Mark Mulligan closed on his purchase of Easton's Wolf Building today. His agreement required him to pay $1.925 million for the property.  County Exec John Brown promised Council he'd a have a more detailed report tomorrow at their Council meeting.

Local Leaders Decry Contractor Fraud; Endorse Mike Stack For Lt. Guv'

(From L to R: Kevin Lott, John Morganelli, Ken Kraft, Lisa Boscola, Mike Stack)

Pennsylvania has a strange-sounding law that most of you probably never hear called the "Construction Workplace Misclassification Act." The latest version, effective for the past three years, is designed to prevent unethical contractors from claiming that their employees are "independent contractors," or just letting them work "off the books". This deprives the government of tax revenue and hurts businesses who play by the rules. Most importantly, it hurts the worker, who is denied the protection of employment and labor laws. Though Governor Corbett pledged to abide by this law, enforcement has been nonexistent. That's the reason for a news conference in the Northampton County Courthouse lobby yesterday, featuring several officials and labor leaders. One of them,State Senator Mike Stack, would like to be the next Lieutenant Governor. He picked up some big endorsements.

Stack shares a laugh with Lisa Boscola 

One of these big endorsements came from Northampton County DA John Morganelli. He claimed that Governor Corbett has been "asleep at the wheel" while the law has been ignored. Another endorsement come from State Senator Lisa Boscola, who said that this lack of enforcement has created an "uneven playing field" in which we all pay for out-of-state contractors who thumb their noses at the law.

Both Morganelli and Boscola scoffed at the Department of Labor and Industry's lack of enforcement. Though the law gives the state the authority to impose administrative fines of up to $2,500 per violation and to issue stop work orders, they complained about lax enforcement.

Boscola disturbed by Labor's nonenforcement

The Labor webpage indicates that 29 complaints were received in 2011, but fails to state how those matters were resolved or identify the construction companies involved.  There is no information listed at all in 2012 and 2013.

Senator Stack, who thanked Morganelli and Boscola for their endorsement, stated he called the Labor Department several weeks ago to learn what happened in 2012 and 2013. "I'm a State Senator and I don't know. The silence has been deafening"

He complimented Morganelli for investigating a recent complaint on his own, although Morganelli stated his office has no authority to issue stop work orders.

Stack would like to amend the law to reimburse District Attorneys who undertake their own investigations, calling Morganelli "a true defender of justice" who is "trying to find a way up and out for people."

Kevin Lott, a Business Agent with the Carpenters Union, pointed to a recent study of a similar law in new York.Last year alone, New York's Department of Labor identified 24,000 instances of employees being improperly classified as independent contractors. This translates to $330 million in unreported wages and $12.2 million in unemployment insurance.

"It's a fairness issue," noted Lott, who pointed out that poor enforcement has caused three problems in Pennsylvania. First, the contractors who are cheating have an unfair advantage over those who play by the rules. Second, these cheating contractors are hurting workers, many of them already vulnerable, from important protections. Finally, the state is losing an important source of revenue.

Wayne Woodman to Step Down as LC Party Boss

At last night's meeting of Lehigh County Republicans, party boss Wayne Woodman announced he will be stepping down next month, when the County Committee will almost certainly elect former Allentown Mayor Bill Heydt to succeed him. You can only burn so many bridges.

Wayne Woodman started his bridge burning a few years ago with Dean Browning, arguably Lehigh County's finest Commissioner. Because Browning was unwilling to bend his conscience to Woodman's political will, he was branded a traitor and tossed out of office by a group of four conservatives spearheaded by Scott Ott. They promised to cut spending, but increased it. They promised to reduce taxes, but increased them. Along the way, Ott made insensitive remarks about the seniors who benefit from meals on Wheels that came back to haunt him when he decided to run for Executive ... and lost.

Woodman alienated many within his own party. It only started with Dean Browning. He then went on to dissuade Wanda Mercado Arroyo from running a state house race, reportedly telling her Republicans there not ready for a Latina. He slammed an up-and-coming Republican, Ron Beitler, who represents the very best from his party. He alienated Allentown conservative Scott Armstrong and Controller Glenn Eckhart. Republican State Representatives had little use for Woodman, who played the control game far too much.

The surprise is not that Woodman is bowing out, but that it took four years.

$359,000 In Road Improvements Set In Hanover Township

Outside auditor Todd Bushta praises Hanover Tp records

At their May 13 meeting, Hanover Township Supervisors unanimously approved a $359,000 bid award to Stroudsburg paving company Hanson Aggregates. Work will start in the end of May, and should be completed within one to two weeks.

According to Public Works Director Vince Milite, the roads being re-paved this year are Claire Street, Greenleaf Drive, Greenfield Road, Brentwood Avenue, Hemlock Place, Yorkshire Road, Kenwick Circle, Kevin Drive and Timothy Drive. Each road will be milled down, and then new macadam will be spread.

Supervisors also received a "clean, unmodified opinion" from outside auditor Todd Bushta, who reviewed the Township's finances at the end of last year. He found no internal control issues, and complimented Township Manager Jay Finningan and Treasurer Ryan Kish for "comprehensively maintained records."

But unfortunately, not everything is clean. Milite and Township Manager Jay Finnigan described an encounter with  a strange white substance - "really nasty stuff" - that jammed a pump and grinder at the Hanoverville Road Pump Station. "Thank God we had a spare," said Milite, who later confirmed there was also an unpleasant odor. "I don't know what it is," said Milite, who said the material goes into a 20' well that is 10' round.

Hanover Township has no sludge experts.

It does have a flood plain, and it's about to get bigger. As a result of a new flood maps prepared by FEMA, the Township is expected to adopt a new flood plain ordinance in June. Township Manager Finnigan told Supervisors they could ban construction in a flood zone, or permit it subject to FEMA standards. Supervisors have opted to allow construction. As explained by Supervisor Glenn Walbert, "It's a whole new scenario when you start telling people they can't use their land."

In an effort to gain additional revenue, Supervisors also unanimously authorized Solicitor Jim Broughal to advertise a new realty transfer tax. According to Broughal, the ordinance is not aimed at the typical business or residential owner, but at "sneaky lawyers" who have used a loophole in the state law under which one business could sell its stock to another without paying any transfer tax. The state has closed that loophole, but not in time to stop a $160 million stock transfer in Hanover Township earlier this year, from which the Township could have imposed a transfer tax.

Finally, Supervisor Jack Nagle said that an empty police cruiser, parked along different roads in his district, has had a positive impact on speeders.

"I'm looking for a dummy," remarked Finnigan.

"Hey, I'm working now," answered Nagle.

Superior Court Slams Mezzacappa

Morning Call columnist Bill White inducted Tricia Mezzacappa into his Hall of Fame today. Remember the hissy fit she threw over her bizarre firearms application, which was leaked to my attorney? That resulted in the criminal prosecution of one Deputy Sheriff and the termination of two others. But that was not enough for Mezzacappa. She wanted West Easton Borough Council President Kelly Gross prosecuted, too, despite the absence of this little thing called evidence. When Northampton County DA John Morganelli said he was stopping at three, she sued. President Judge Stephen Baratta sided with Morganelli, so Mezzacappa appealed to the Superior Court. Yesterday, that Court laid the smack down on the West Easton Wacko.

Judge Bill Platt, Lehigh County's former President Judge, wrote the Opinion. Mezzacappa "entirely fails to cite to any legal authority to support her claim,." according to Judge Platt. He characterized her Brief on appeal as a series of block quotes from Judge Baratta's Opinion, followed by insults directed at Gross.

Instead of a prima facie case of criminal conduct, Judge Platt rules that her "complaint merely contains unsupported claims against Ms. Gross, insulting language to describe her alleged misconduct, and information regarding disputes between Appellant and Ms. Gross unrelated to the instant matter."

Mezzacappa, incidentally, is running for the Northampton County Republican Committee. Her candidacy has been allowed despite her refusal to pay $1,000 in fines for late campaign fiance reports related to her County Council race.

God help the Northampton County Republicans, who are likely doing all they can to get her to switch sides.

In other Mezzacappa news, she's appealed my defamation verdict against her ... prematurely. the appeal will be quashed. Argument on her post trial motions is set for May 27.

Her lawsuit against me was dismissed because she failed to pay the filing fee after failing in her attempt to get taxpayers to foot the bill. She's filed a petition to open, claiming she is entitled to some sort of six-month payment plan. A hearing on that matter is scheduled for Friday.

She failed to serve both her appeal and her petition to open the judgment, but filed fraudulent certificates of service claiming to have done so. It's what I'd expect from a liar who has a $67,140 verdict against her for defamation. Actually, it is now a $67,648 verdict, thanks to legal interest.

How About Cutting Bethlehem City Council Health Benefits?

Mike Recchiutti

Last week, as a result of a desire to get hold of a looming $4 million deficit next year, Bethlehem City Council very somberly voted, 6-1, to impose a completely unenforceable hiring freeze. Never mind that they approved the budget that includes and funds all these positions. Never mind that the City would have to freeze 80 jobs to get to $4 million. It will look good in a campaign ad.

If Bethlehem City Council is really serious about saving money, they should start with themselves. Here's an idea! Since health care costs are spiraling out of control, why not eliminate the Cadillac health care benefits? Part-time City Council members, along with members of their family, don't have to worry about the medical and dental bills that plague everyone else. Let the taxpayers subsidize them, they say. This is sweet.

Lehigh and Northampton County's part-time legislators, who probably spend more time on the job than city council members, get no such benefit. Nor do most Township or Borough governments, where the focus is on public service. Locally, Easton City Council members stick it to the taxpayer for their health care costs, but they have a commuter tax.

In 2012, when John Callahan was still Mayor, he attempted to stop the obscene practice of letting taxpayers fund the health plans for these part-timers. He said it could save $70,000, though I think the savings is closer to about $20,000-30,000 per Council member.

Not surprisingly, Mike Recchiuti, the very Council member who proposed a freeze hiring because he so concerned about out-of-control costs, was unwilling to make any cuts that might impact him. Karen Dolan also voted this idea down.

So basically, these members of Council are willing to impose a hiring freeze that will reduce City services, but want to keep services that directly benefit them. In fact, last year, Dolan wanted to give city Council a raise.

They support cost cutting services to you, but not to them.

Latest NIZ Winners and Losers

J.B. Reilly, Chairman of the urban growth regime, was in all his splendor last week for the groundbreaking at Three City Center in the "Miracle That Is Allentown." The property is part of the Neighborhood Improvement Zone (NIZ), special 130-acre zone created just for the Queen City by a 2009 state law in which development will be funded by diverting state and some local taxes. The major "announcement", dutifully reported in both dailies, is that the Norris McLaughlin law firm will be occupying two floors of the building. RETTEW Planning and Consulting, will be moving into the building as well.  No new business was attracted to this site from outside the Commonwealth. No new jobs. Just shuffling employees and businesses from one municipality to another. And this is supposed to be good economic development? Instead of announcing this, J.B. Reilly should be hiding somewhere in his Upper Saucon estate.

Losers:

South Whitehall Township - lost Norris McLaughlin
Hanover Township, Lehigh County - lost RETTEW
Commonwealth of Pennsylvania- lost money and gave it to winners

Winners:

City of Allentown - Pawlowski astounded at how easy this is
J. B. Reilly - ditto
Joe Topper - ditto
Ed Pawlowski - ditto
Norris McLaughlin - will get to gorge on NIZ benefits, in terms of legal fees for Reilly and subsidized rents
RETTEW - will get to gorge on NIZ benefits, in terms of engineering and planning fees for Reilly and subsidized rents
Jim Gentile - continues to get fat on CM fees from Reilly, et. al.

But the biggest loser of all are the people who are supposed to be helped by Commonwealth taxes. .

In Defense of Nepotism

For as long as I can remember, there's always been a stigma attached to the son or daughter of a powerful politician who also ends up with a government job. They are viewed as incompetents who only got the job they have because of their family connections. In some cases, it's true. But most of the time, it's not. That child wants to do what his mother or father did, and wants to make them proud. But instead of getting the opportunity, excellent people are often deprived, simply because of their family connections. It works against them. This week we will learn whether one excellent County worker is going to be handicapped simply because her mother, Peg Ferraro, is the Northampton County Council President.

Her name is Mary Alice Einfalt, and she is currently an Accounting Manager in Assessment. She's been with Northampton County since 2010, having previously worked in the private sector for Air Products. She is a CPA. A few weeks ago, the whispers started. There were several anonymous comments, published on this blog, that Einfalt would be the new Fiscal Affairs Director. This was the price Peg Ferraro supposedly demanded for her vote on some key administrative initiatives.

I contacted Ferraro, who told me her daughter had no interest in being the Director of Fiscal Affairs, which is an exempt position subject to the political winds.

Then I began hearing new rumors. This time , it was that a major promotion was in the works for Einfalt. I was told that her new raise would be paid for by taking money from Gracedale's budget. I was also told that one of the accountants there would be reduced in pay.

This bothered me. I don't begrudge anyone a promotion, but not when it's on the back of another worker. So I ran the rumor down.

Here's what I know.

1) County Executive John Brown is planning a major reorganization in the Finance Department. Details may have gone to Council members on Friday, but they have not been released to the public. That will probably happen today or tomorrow.

2) Einfalt is being proposed for a major promotion and increase in salary, commensurate with an increase in her responsibilities.

3) Brown will propose a new person at Gracedale, which is a $5 million annual drain on County costs, to keep an eye on finances

4) One Gracedale accountant is seeing his responsibilities reduced in accordance with what he actually does on the job, although his salary will remain where it is.

As with anything, the devil's in the details. But on the surface, this kind of reorganization seems to me like a good idea. That includes the promotion of Einfalt, who has taken over responsibility for General Purpose Financial Statements (GPFS) and the Comprehensive Annual Financial Report (CAFR). She's transformed Payroll, initiating paperless pay, eliminating OT there by 97%, and has taken some Human Resources tracking from there to Payroll. She has identified and eliminated internal control weaknesses missed by the outside auditor and Controller. Glaring examples include a payroll staff that had unlimited access to employee information, and accounts payable being permitted to create new vendors. She is a cross-training advocate and also a disciple of Continuous Improvement (CI), which ironically was championed by John Brown's opponent, John Callahan. She wants accountants reporting to other beancounters, not department heads.

She also has a bit of humility. She told me she's nowhere near ready to assume the responsibilities of Doran J. Hamann, the County's Acting Director of Fiscal Affairs. I have asked around about her, and she has an impeccable reputation at the courthouse.

If Mary Alice were completely unrelated to Ferraro, everyone would be congratulating Brown for recognizing and rewarding her abilities. But because she's her daughter, a number of people insist it is favoritism.

Really?

Do you like Mars candy bars? Nobody seems to complain about the nepotism at that family-owned business, which has existed since 1912. How about the company that built the Hoover Dam? That's been owned and operated by the Bechtel family for four generations, and no one seems overly concerned that the damn will burst. I never heard anyone boycott Coors beer over the fact that it was in the same family for too long.

Nepotism, by itself, can sometimes be a good thing. Our judges have recently been told they can no longer employ relatives as tipstaffs. It looks bad. Really? Isn't a judge entitled to have one person around which he is free to be himself? One person in front of whom he can act intemperately, pick his nose or blow off some steam? And who better for a job like that, which pays lousy and has unsteady hours, than a relative? Who else would want it?

In the name of political correctness, we often do stupid things. Let's hope that a good person is allowed to save money for Northampton County, even if she is related to an elected official. Under the County's nepotism policy, Peg Ferraro is barred from voting for or against her daughter's promotion. That strikes me as a sufficient safeguard.

Rumor Mill: Cunningham, Marcincin Eyeing Bethlehem City Council

Though it's early, the rumor mill has been in overdrive concerning the Bethlehem City Council races next year. Several sources tell me that three heavyweights are eyeing the seats currently held by Michael Recchiuti, Cathy Reuscher and Willie Reynolds.

Dr. Terry Marcincin, a Bethlehem dentist and son of former Mayor and long-time City Council member Paul Marcincin, is reportedly interested. So is Lynn Collins Cunningham, wife of former Mayor Don Cunningham. Finally, there's Tom Donchez, the Liberty Hall School grad who became a lumbering fullback at Penn State, after which he distinguished himself at Air Products.

I've been unable to confirm whether the rumor is true. But Donchez, Marcincin and Cunningham are well-respected in Bethlehem, and would have to be considered early favorites.

Reuscher, in contrast, is an appointed member of Council, picked to fill the seat held by Mayor Bob Donchez. In a February interview, she told me she was undecided on running for office. It's unclear to me whether she has any real interest in politics.

Recchiutti, who chairs the City's Democrats, is much more political. An attorney, he was first elected in 2011 in his second try for office. He was the lowest successful vote getter. He outdistanced all Republicans by over 1,000 votes, but is in trouble if a prominent Democrat enters the fray.

Willie, who is very popular in his own right, and nearly won the Mayoral race last year, would seem to be the most likely to survive.

Next year's City Council races will almost certainly also draw Jim Gregory, a PFA offender who should be out of state prison by then. He will lose, but will in the process make himself and everyone around him look like a joke.

In recent months, City Council has needed no help from Gregory in looking like a circus. Council member Karen Dolan used her office to attempt to get special concessions at Illick's Mill, where she was the Executive Director. She has become the focus of an Investigating Grand Jury in the biggest scandal I can remember in Bethlehem City Council.

Dolan, along with Reuscher and Adam Waldron, recently demeaned stay-at-home moms by the way they grilled and then rejected Diana Morganelli, the Mayor's pick for a seat on the unpaid Parking Authority. Morganelli is the wife of the District Attorney. Most recently, Council imposed a completely unenforceable hiring freeze on the Donchez administration.

The Cunningham, Donchez and Marcincin names will likely be viewed as a welcome relief to those tired of seeing public office used for personal gain and political mischief.

Jesus Watches State Senate Democratic Hopefuls

Joe Capozzolo, Mark Aurand, Scott Parsons

Three Democrats vying for the nod in the new 40th state senate district were on their best behavior during a debate before about 50 people last night. They had no choice. Not only were they in Gracedale Chapel, but they were seated directly below a gigantic picture of Jesus Christ. A golden cross and open Bible were right behind them. Scott Parsons and Joe Capozzolo looked a bit out of place in that setting, not knowing whether they should genuflect, drink holy water or kiss the Bible. But for Mark Aurand, the son of a Lutheran preacher, this was like having a home field advantage. He was the most polished of the three in an evening during which the candidates mostly agreed with each other. Scott Parsons, a blue collar type despite being a member of County Council, came across very well as the Everyman. Capozzolo displayed the most humor.

Jesus is not running. He forgot to register. 

The 40th Senate District, incidentally, is made up of the northern half of Northampton County and most of Monroe County. State Rep. Mario Scavello is the sole Republican running, and will face the victorious Democrat in November. He's been running for the past two years, and is well financed.

Scott Parsons, a quarry worker, is a member of Northampton County Council and has served as president of Wind Gap Borough Council. Capozzolo, a clothing manufacturer, is the Mayor of Bangor and served as an appointee on Northampton County Council. Aurand is an attorney practicing in Allentown, and has been an activist for the past six years.

Though Jesus was in the background, he played no role in the debate. It was hosted by the Northampton County League of Women Voters. I love to tease them, but I'm very thankful for their efforts. Lafayette College's John Kincaid served as moderator. He posed questions, and gave the candidates an opportunity to ask one question of each other.

Voting

As might be expected, all three Democrats oppose the Voter ID law. Aurand called it a "solution to made up problem." Even Governor Corbett has vowed to take no appeal of a ruling that found the new law to be unconstitutional. All three support early voting.

About 50 attendees

Fracking

There are slight differences between their stances on this topic. Parsons supports a moratorium for fracking on publicly owned land, as well as a 5% severance tax. But he supports fracking. "We need the natural gas," he argued,

Capozzolo and Aurand, by contrast, support a complete moratorium on fracking, whether it is on public or private land. "We need to protect our water," said Capozzolo. He supports a 7.5% severance tax,  and noted several times during the evening that Pennsylvania is the only state in the country that imposes no severance tax.

Aurand called fracking an example of a "big money interests" that "have come into Pennsylvania and have been able to get what they wish." He pledged to stand up for the people, and wants a severance tax as close to 10% as possible.

Scott Parsons

Transportation Funding

All three Democrats support the recently enacted transportation bill, but all three are displeased about the rise in gas taxes to pay for it. Aurand suggested that an infrastructure bank be set up that could provide low interest loans. Parsons stressed more uniform bridge designs that would reduce costs significantly. Capozzolo would pay for the transportation bill with the severance tax. In fact, he proposed the severance tax as the source for just about all new spending he supported throughout the night.

Public Education

Capozzolo would impose a moratorium on charter school applications, complaining that the funding formula is unfair. Parsons added that it is the state's obligation to fund 50% of a school district's needs, and argued that charter schools and similar programs should be incorporated into vo-tech schools. Aurand stated "there's a place" for charter schools, but noted that the Corbett administration drastically cut spending. "We need to reverse that," he noted, adding that he recently discovered that schools in Stroudsburg only get 23% of their funding from the state.

Joe Capozzolo

Property Tax Reform

Capozzolo noted that every election cycle, there is a proposal to eliminate property taxes, often accompanied by a patriotic-sounding name like HB 1776. Holding up a dollar bill, he asked if anyone wanted to bet whether it would be enacted. "It's not going to pass," he predicted. "It's not going to see the light of day."

Parsons complained that the proposal is unworkable because it creates a sales tax that will hurt seniors, and an income tax that will disproportionately hurt low and middle income workers.

Aurand called the proposal "well intentioned," a "response to pleas of the people." But the chief problem in his view is that all the money would go to the state. "Local people aren't going to have any say," he observed. He also noted the bill would actually help places like Wal Mart, which would have no property tax. "We need to find a better way to deal with this problem" he concluded.

Mark Aurand

Medicaid Expansion

All three Democrats support Medicaid expansion in contrast to the Governor's proposal to create a private market option for 520,000 Pennsylvanians in need of health care coverage. "Our Governor decided for political reasons not to participate," complained Aurand. Cappozzolo would pay for it, like everything else, with the severance tax. But Aurand had another source. He noted that Republicans have cut business and corporate taxes by $1.2 billion. Parsons added that the expansion, which would help people in the gap, would also create between 35-39,000 jobs.

Gun Control

Parsons supports the 2d Amendment, adding that "criminals aren't going to abide" by tighter laws. Capozzolo said everyone in his family is a hunter, and he supports both the 2d Amendment and "more stringent background checks." Aurand stated he respects the right of people to have guns, but not those with mental health issues or who engage in domestic violence.

Silly Time

When it was time for candidates to question each other, Capozzolo gave a speech about being positive and then demanded Parsons to name all the municipalities in Monroe County. Parsons started and was up to about 12 when his time ran out. Aurand rejected the question. "It's more important that I talk to the people than that I know the name of the municipality.'

Parsons asked Capozzolo why some of his campaign literature lacks the union bug. Capozzolo answered it was done by a local Bethlehem business.

Aurand was asked why he never ran for anything, and is suddenly running for state senate. Aurand noted he has been an activist and later stated that he is an attorney who advocates and negotiates."It seems to me that's pretty good training to be a lawmaker," he reasoned.

Audience

Though most of the crowd were in one of the three camps, there were a few undecided voters present, like Helen and Aaron Newman, from Bushkill Township. They are concerned about negative campaigning by Democrats in the Governor's race.

There were also Republicans in the House.

"What's the enemy doing here?" I asked Republican Ben Hedrick, who was with County Council member Hayden Phillips. "I'm here to listen to both sides," he told me.

As I was leaving, I asked Gracedale Administrator Dee Freeman about why the Chapel seems to be set up exclusively for Christian services. He turned into Samuel L. Jackson.

"And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee."

All right, all right. .

I'm guessing a Menorah is out of the question.

Who Will Replace Ott?

Dean Browning

I told you yesterday that Scott Ott is resigning his seat on Lehigh County's Board of Commissioners. He's goin' where the stars at night are big and bright, deep in the heart of Texas. But who will replace him on Lehigh County's Board where his successor, like he, must be a Republican. Three names have already surfaced.

Norma Cusick. - This Salisbury Township resident is reputedly being sponsored by Percy Dougherty. She's run before, in 2011 and 2013. She lost both races, but has served as a Salisbury Township Commissioner and on the Salisbury School Board. She is the mother of former Northampton County Council President John Cusick. Her husband, Dr. Richard Cusick, once ran for Congress as a Democrat.

Nathan Brown. - This Emmaus Borough Council member ran against Mike Schware in last year's primary, but lost. He believes Lehigh County is headed in the wrong direction under the so-called Reform Team formerly led by Scott Ott. Commissioner Brad Osborne is reputedly promoting this candidate.

Dean Browning. - A former Commissioner, Browning stood against a push by Ott, Wayne Woodman and others to force then Executive Don Cunningham to rework a budget that proposed a 16% tax hike. They did so knowing it was impossible and having done nothing themselves to cut costs. Dean, who met weekly with Cunningham to present the leanest budget possible that did not sacrifice services, refused to play along with the political panderers. It cost him his seat, but he kept his conscience.

If the man with a conscience seeks this seat, he should get the appointment.

Commissioner Vic Mazziotti is a great admirer of St. Thomas More. Dean Browning, not so much,.

But there are similarities. Thomas More was beheaded for following his conscience. Dean's head is still firmly planted on his shoulders, but his refusal to play politics certainly damaged, if not killed, his political career. Browning refused to "pin my soul to another man’s back, not even the best man that I know this day living: for I know not where he may hap to carry it.”

Dean refused to pin his soul to the Wayne Woodman and Scott Ott political machine. Now Ott is gone, and from what I hear, Woodman will resign as party boss.

Lehigh County could do far worse than to select a man with a conscience.