Bethlehem 'Canes Win Thanksgiving Tip-Off Tournament

Bethlehem's 7th grade 'Canes team is pretty amazing. Undefeated as 6th graders last year in both tournament and regular season play, the boys got used to winning by thirty or more points.

But that was then.

During this weekend's Thanksgiving Tip Off Tournament, sponsored by Allentown's East Side Youth Center, they struggled. They were actually behind in two different games, but still found a way to come back and win after a long weekend of basketball. They defeated a very tough ... and very tall ... team from Schnecksville to win the championship on Sunday at Dieruff High School.

By two points.

The 'Canes, unlike most basketball teams, are relatively short. But they have explosive speed, ball handling skill and can shoot. And they have Coach Craig Golden, who has led them to a 74-1 record over the last three years. He thought he retired from coaching last year. But his players thought otherwise, and begged him to return.

The Poet President & The Radical

Vonnegut called him our Poet President. To me, he is mankind's greatest achievement after Jesus Christ. I refer, of course, to Abraham Lincoln, our 16th President. Everyone who came after him would agree he's a tough act to follow. Yet now more than ever, the people in our federal and state legislatures would do well to follow his lead. Since it's pretty obvious that few of them actually read books, I'd recommend they take a break between fundraising dinners to see Speilberg's Lincoln, which was released last week. I'd also recommend it to the numerous lever pullers and partisans, left and right, who think they know everything. They might learn they don't.

Spielberg's Lincoln is supposed to be based on Doris Kearns Goodwin's Team of Rivals. Her title refers to Lincoln's cabinet, most of whose members considered his election a colossal mistake. Some of them, like Secretary of War Stanton, snubbed him as a lawyer many years before, laughing at his tattered clothing. They called him an ape, a gorilla. But these same cabinet members slowly realized that Lincoln was just the man our fractured country needed. When our Poet President was cut down by a gunshot wound, it is Stanton who announced, "Now he belongs to the ages."

Even as President, Lincoln was snubbed. He once paid a late-night visit to General George McClellan, commander of the Army of the Potomac, to discuss strategy. McClellan was out, so Lincoln waited, stovepipe hat in hand. When McClellan returned home, Lincoln waited another half hour until a porter came to tell him that the General had retired for the evening.

Lincoln took no disciplinary action. He was used to being snubbed. His was a life of hardship, what he himself would call the "short and simple annals of the poor." In his youth, he lost his mother and sister to illness. As a young man, his first love died as a result of illness as well, nearly driving him to suicide. And as a father, he saw two sons die.

In the movie, you see little of Lincoln's interesting and evolving relationship with his cabinet. You only see glimpses of the deep depressions he often suffered. You see little of the abuse he endured from his mentally unstable wife, who did love him. What you do see in detail is his relationship with a divided House. Just the year before, its members refused to adopt a Constitutional Amendment to abolish slavery. But Lincoln considered that crucial, and he wanted bi-partisan support.

The House's biggest proponent for abolition of slavery was Thaddeus Stevens, a Pennsylvanian from Lancaster. He was an unbending radical, a man ahead of his times. It is Stevens who, here in Pennsylvania, successfully defended a law providing for public education when it was certain to fail. It is Stevens who believed our differences are a cause for celebration, not intolerance.

But Stevens, like most draped in self-righteousness, was also very divisive. Lincoln was worried that this great orator might inflame some House Democrats who would otherwise support abolition.

Lincoln and Stevens discuss this, at least in the movie. Stevens assures Lincoln that a compass will always point true north. Lincoln agrees but tells Stevens that a compass won't tell you about the swamps between you and north.

If you don't avoid the swamps, what's the use of knowing true north, asks the President.

Stevens took Lincoln's warning to heart and moderated his commentary in the House debate that followed, to the chagrin of Democrats attempting to bait him.

Lincoln eventually got his bi-partisan support. The House adopted a Constitutional Amendment to abolish slavery. Black men are free.

Because it's not enough to know true north.

This is a lesson that both President Obama and House Republicans should take to heart. It's a lesson for us all.

Happy Thanksgiving!

A NorCo Naughty Email Update

Back in September, two NorCo Register of Wills employees were canned following a two-year investigation by Director of Court Services Archie (Inspector Gadget) D'Isidore. They were busted for violating the County's "electronic resource policy," which is a fancy way of saying they were sending naughty emails. Playing hardball, the County denied a union grievance and even refused to pay unemployment.

Now one of the two fired workers had her hearing earlier this month, and was awarded benefits. She was represented by Attorney Brian Monahan, who argued that the County was in no position to claim there was any misconduct because it allowed these employees to exchange emails for two years without taking any remedial action. In fact, D'Isidore gave them positive performance evaluations while secretly looking through emails to boyfriends.

An Unemployment Compensation hearing has now been scheduled for the second fired worker, who is also represented by Monahan and will be appearing before the same Referee who has already ruled against the County.

In addition, an arbitration request has been filed.

While one cabinet-level official gets his jollies by going through what really are private emails, Executive John Stoffa has allowed another cabinet level official to conduct an affair with a direct subordinate, in violation of the County's nepotism policy. I guess that's OK.

Different strokes for different folks.

Bethlehem Township to Settle Litigation Against Financial Advisers Who Recommended Streetlight Scam

Bethlehem Township Commissioners have settled litigation against a financial advice firm that recommended a streetlight purchase deal gone awry. At their November 18 meeting, Commissioners unanimously authorized the settlement, although details are under wraps until both sides have signed off.

In 2007, Bethlehem Township financial adviser, Reading-based Concord Public Finance, recommended that the Township buy its street lights from PPL through another firm, Municipal Energy Management, Inc. This firm would then shop around for the lowest electricity rates. Through Concord, the Township borrowed $1.2 million, and paid MEM $832,460 for a "fast track purchase."

But after two years of stonewalling from MEM, the Bethlehem law firm of Broughal and DeVito was hired as the Township's new Solicitors. That firm learned from PPL that the Township borrowed over one million dollars for a project that would only cost $271,180.

Bethlehem Township sued MEM in 2010. Through the discovery process, Township lawyers learned that MEM principals Robert J. Kearns and Patrick J. "PJ" McLaine spent most of the money to support their own lavish lifestyles. The matter was turned over to District Attorney John Morganelli.

In February, a grand jury indictment charged Kearns and McLaine with felony theft, misapplication of entrusted property and felony conspiracy. Their trial is scheduled for January.

Township officials also sued Concord for giving bad financial advice. In addition to the $832,460 paid to MEM, the Township paid $15,000 to Concord following a presentation by Christopher Gibbons, an employee and part-owner of Concord. According to the Township complaint, Concord never verified the financial information provided by MEM and did nothing to ensure that the $832,460 entrusted to MEM would only be used for its intended purpose.

In addition to being Bethlehem Township's financial adviser, Concord's website indicates that it has had numerous local municipal clients, including Bethlehem, Easton, Whitehall, North Whitehall, South Whitehall, Upper Saucon and Bethlehem Parking Authority.

Concord is the firm that recommended Northampton County enter into a swaption scheme that ended up costing $25 million. Concord also recommended Easton to re-finance $24 million in pension bonds, According to Mayor Sal Panto, they are non-callable bonds. "So now the city is stuck paying back these bonds at better than 7% when we can be borrowing money today at 3% and less," complains Panto.

In addition to dispensing financial advice, Concord's Christopher Gibbons is known for dispensing campaign cash to candidates seeking office. According to the state campaign finance website, he's handed out $22,060 over the past 12 years to office seekers, including Bethlehem Mayor John Callahan and former Lehigh County Executive Don Cunningham.

Thanks to Pensions, Allentown School District Facing $40 Million Deficit

Allentown School Director Scott Armstrong, a conservative, never shies away from controversy. But liberal or conservative, we all need to pay attention to him when he rings the alarm about the pension crisis in the Allentown School District.

"What has happened to public education? Why has providing a basic education become so expensive? This is the question facing the Allentown School district as it moves toward the finalization of its budget for the next school year.

"Budget projections indicate in that five short years, with an annual 4% school property tax increase, the district will face a $40 million dollar deficit on a budget of approximately $275 million. What exactly is causing this becomes clear when one studies the numbers. While the district's operating and debt service expenses rise at a rate that roughly matches inflation, the cost of personnel skyrockets. Although a portion of this is due to the escalating costs of health care, the real culprit lies in the retirement benefits paid by the school district on behalf of its covered employees. The reason this increase is so great is because the retirement benefits are in the form of a defined benefit program.

"Defined benefit plans are the most expensive type of retirement program there is. The amount of the retirement benefit remains constant once the employee has retired and is based on payment options and the expected life of the employee at retirement. At one time the standard of pension plans, defined benefit plans are becoming obsolete because of the inherent high cost of the guaranteed payout.

"Much more common today are defined contribution plans. This is a once and done contribution and does not lock the employer in to guaranteeing income after retirement. The standard of the Public Schools Employee Retirement System is the defined benefit program. While this type of benefit is very rare in almost every other economic sector it remains the standard in the public school system? Why?

"Our state and local elected officials are clearly the guilty parties, as they have mandated these benefits not only for themselves but also for the teachers working in the Pennsylvania public school system. The current crisis, which results from their largesse, is a matter that must be dealt with quickly and directly. In the ASD, no reasonable amount of tax increases and staffing cuts can bridge the yawning gap between revenue and expenditures that the fixed pension benefit is imposing on the school district.

"Clearly the state needs to take action. The governor’s office and house and senate leaders need to provide legislative relief from the threat posed to the state’s public school system by defined benefit programs. In addition, public school employees need to become realistic about their expectations for retirement in the current financially challenged and tumultuous economic environment, which experts agree could last into the foreseeable future."

Abe Atiyeh: I Am Not An Animal

Abe Atiyeh 

Developer Abe Atiyeh just missed on his 547,839th attempt to persuade Bethlehem's zoners to allow a drug rehab center tonight. Yes, the vote was 5-0 against him, but it took them a half hour. I'll have a story tomorrow with all the details, although The Express Times's Zach Lindsey has already beaten me.

But before I get into my own rendition, I want to share a little kerfuffle between Atiyeh and City Council Solicitor Chris Spadoni. The Bethlehem Barister was peppering Atiyeh, and Abe finally blew up.

"I am not an animal. If you want to talk to me like an animal, I'll talk to you like an animal."

So nobody talked like an animal.

Chris Spadoni

Now That's Dedication!

Although Bethlehem Zoning Hearing Board member Michael Santanasto is usually attired in dress shirt and tie, he was a bit more casual for the November 20 meeting. He even brought a pillow! But instead of resting his head on it, it was his arm. Earlier that day, he went through a tendon replacement. Even though his arm was in a sling, he still showed up.

He's either very dedicated or hates missing out on that $25 appearance fee.

Callahan Discussing Proposed Budget With Express Times Live Blog

Bethlehem Mayor John Callahan is in the bunker with Express Times editors, defending his proposed 2013 budget. The sitdown is being liveblogged.

Municipal Pensions - The Mother of All Budget Busters

Callahan gets some financial tips from his  younger constituents

When Bethlehem Mayor John Callahan proposed an 8.5% tax hike for next year's $72 million budget, the first thing I did was scratch my head and ask, Isn't that what the casino host fee is designed to prevent? Some of my readers have asked that question, too. They've also asked Callahan. "If I could get a dime for every person who asked me that question, I wouldn't need a tax increase," Callahan told me in an interview last week.

But it's a fair question. The casino host fee was heralded as the Holy Grail of municipal budgets, a cure that would eventually end tax increases and cure malaria, to boot. At that time, nobody was aware that the mother of all budget busters was on the horizon.

The looming municipal pension crisis.

Pennsylvania has over 3,200 local government pension plans, and in 66 of the Commonwealth's 67 counties, at least one municipality is having trouble keeping it funded. Over 1/3 of Pennsylvanians live in a municipality with a distressed pension.

In Easton, Mayor Sal Panto has been forced to impose a commuter tax that he hates himself, and admits that the revenue generated still won't be enough for his 69%-funded pension. In Allentown, a commuter tax was imposed two years ago. But Mayor Edwin Pawlowski still needs more money for the minimum annual payment (MMO) on his 64%-funded pension. So he's selling or leasing everything that isn't nailed down, including the City's water and sewer systems. In Easton and Allentown, the pensions are considered "moderately distressed."

Things are much worse in cities like Harrisburg and Scranton.

Unlike Allentown or Easton, Bethlehem has no authority under state law to impose a commuter tax. Its pension fund just isn't sick enough. It's funded at 78%, which makes it only "minimally distressed." But even if he could do so, Callahan told me last week that he has his doubts. "How am I going to get a new company to move here with a commuter tax?" he asked.

Still, making that annual minimal payment (MMO) is a drain on City finances. In 2004, when Callahan thought he could eventually cut taxes, that annual payment was just $1.5 million. By 2007, it had risen to $7.1 million. And next year, the City will have to come up with $11,129,609. That's a whopping 55.5% increase over the payment made just the year before.

How About That Casino Host Fee?

So let's just use the casino host fee. Problem solved, right? Wrong. The casino host fee, which could have been used to pay the salary of 95 police officers, will instead be gobbled up by pension costs.

In 2009, when the casino first became operational in Bethlehem for a few months, the City pulled in a $1.6 million host fee. That rose to $7.2 million in 2010, after a full year of operation. With the advent of table games in 2011, it shot up to $9.2 million. This year, the money pile is $9,375,000. As good as that is, it's not even enough to pay the $11.1 million needed for the pension.

Can't We Just Change the Pensions?

Another argument I often hear is that city officials in Allentown, Easton or Bethlehem should just wave their magic wands and change the pensions. It does not work that way. You can't mess with a defined benefit pension without violating the constitution, basic contract law and a host of labor laws. Most of these pensions, incidentally, were negotiated before any of the municipal officials we like to blame, including Callahan or Panto, were in office.

What can they do?

One thing Callahan has done in Bethlehem is change the pensions for new hires.

Under the current system, your basic municipal employee will get 70% of his "legacy" after 25 years of service. That includes his final base salary PLUS longevity PLUS differential PLUS overtime that year PLUS holiday pay PLUS Holidays worked last 12 months PLUS roster duty PLUS Sick Bonus PLUS Education Bonus.

That's a lot of PLUSes.

So an employee whose base pay is $68,133 will manage to retire at 70% of his total compensation with $61,754 per year for the rest of his life. Not bad.

Almost as good as the lottery.

But that same employee, under the new system negotiated by Callahan and public sector unions, might actually have to work another job. Instead of 70%, he'll only be getting 50% under the new formula. That's the highest cut Callahan could make under state law. And that same worker will walk away with base pay PLUS Longevity PLUS ... nothing else. That's it. So a worker with a base pay of $68,133 and 25 years of service will see a $36,317 annual pension instead of $61,754.

This is a major change in pensions, and it will help Bethlehem;s bottom line. But down the road, not now.

Can't the City Just Make Cuts?

The Lehigh County Commissioner approach to this problem would be to take out a budget axe and swing away and away, eliminating personnel..That also seems to be The Express Times approach. That newspaper pooh poohs every revenue enhancement proposal, even the no-brainers like an events tax or the PILOT, both of which are designed to lighten the load on the rest of us. But it fails to offer one responsible suggestion.

Cutting with a buzzsaw, suggested by the rocket scientists at a newspaper that is itself financially distressed, is irresponsible. Bethlehem, like Lehigh County, is already a lean machine. Over the last three years, Callahan has cut 69 positions, 10% of his workforce. He's down to 617 employees, which is "by far and away the smallest workforce" he can recall in his years as a Council member or Mayor.

In his proposed budget, he's eliminated anther five positions.

The Express Times financial wizards, who can't seem to keep their own paper in the black, think Callahan should cut even more. But he feels he's at the absolute minimum before city services begin to suffer. "I don't have less streets to plow," he tells me. And a recent citizen satisfaction survey tags the Mayor on that point. He is proud that "we still have one of the largest police forces in the state." Of the City's 617-person workforce, 141 of are police officers.

Perhaps the Express Times would like to see some police officers or firefighters laid off. From their perches, editors declaim, "Taxpayers deserve a look at what the city would have to do to live within its means, starting with no tax hike."

I can already tell you what the City would look like.

Allentown.

So you can see why it just might bother Bethlehem officials, who are already dealing with the largest brownfield in the country, to see a $1.1 billion-endowed university occupying 20% of the City's land mass without contributing so much as a dime.

The Express Times want us to feel sorry for Lehigh and the "real consequences" of being asked to pony up and pay for the frickin' 220 fire calls to which Bethlehem firefighters had to respond at that noble institution last year.

To say nothing of the cost of cleaning puke off uniforms.

But what about that terrible events tax? Why the single hauler proposal? Is the City still robbing Peter to pay Paul? I'll weigh in on each of these questions in the coming days.

In the meantime, if you can come up with responsible suggestions for $72 million in revenue, I'm all ears.

Sometimes, you just have to raise taxes. You can play games and deplete reserves like Jane Baker and Glenn Reibman did, and like John Stoffa is doing now, but you eventually end up with a 70% tax hike.

Bethlehem Township's New Budget Holds Line on Taxes

Andrew Freda

At their November 18 meeting, Bethlehem Township Commissioners unanimously authorized Finance Director Andrew Freda to advertise a no-tax increase budget for 2013. At $16.2 million, the budget retains a 5.99 millage rate, under which a home assessed at $75,000 would be taxed $449.25.

After a thirty-day public inspection period, Commissioners will vote on the budget at their December 17 meeting.

In other business, resident Matt Vrabel complained about "poor stewardship of the canal," referring to the Lehigh Canal towpath, which extends from Allentown to Easton. He took public works to task for failing to maintain the towpath. stating it "should be a showcase instead of a dump." He was particularly irked that, after Hurricane Sandy, some trees were removed from the path and thrown into the canal instead of being cut up.

Township Manager Howard Kutzler reminded Vrabel that there are just 13 people in public works to maintain 14.7 square miles, and "they do a great job." President Paul Weiss added that they worked round the clock during the hurricane. Vrabel was told that public works moved trees that were tangled with power lines so that ambulances and firetrucks could get through.

Township Commissioners will meet again on Monday, December 3, at 7 PM, at the Municipal Building located at 4225 Easton Avenue.

Deely Finally Concedes to Simmons

In a news release, State Rep. Justine Simmons announces that he was called today by challenger Kevin Deely. The Easton High School teacher finally conceded defeat in the race for the 131st legislative district. As of last Wednesday, Simmons was up by 448 votes, with his margin of victory largest in Lower Saucon Township.

State Theatre Wants $35k Increase in Hotel Tax Revenue

State Theatre artist?

At the November 15 meeting of Northampton County Council, Easton's State Theatre asked that its annual allocation of hotel tax money be increased from $25,000 to $60,000. CEO Shelley Browne explained that the explosion of events centers in the Lehigh Valley has made it more difficult for the nonprofit to book acts. "We can't pay what other venues can pay," she stated.

Browne told Council that the State Theatre helps drive Easton's economy, especially the "wonderful explosion" of downtown restaurants, to the tune of $8 million per year. But under questioning by Tom Dietrich, she indicated that Easton has made no financial contributions to the State.

Of course, that's because Easton collects no hotel tax. These are not real estate tax dollars but hotel tax proceeds, which are to be directed to programs that will promote tourism.

Browne and her development director took pains to point out that the State Theatre is a nonprofit, a "dicey financial model."

"I'm concerned that, year after year, we're going to have to contribute more and more of our hotel tax to your bottom line, stated Council member Lamont McClure. Council member Bob Werner told the State that the National Endowment for the Arts has $150 million available for grants.

The average artist's fee is around $50,000, with another $50,000 to produce the show.

From the peanut gallery later in the meeting, the Northampton County Bulldog, Ron Angle, criticized Council for failing to ask one very important question. "None of you asked the two people standing here what their pay was. It may be a not-for-profit, but what do the people working in the not-for-profit make? It may interest you to know it's the low to mid 6 figures for both of them. But again, what's another little handout from the tax money?"

The most recent 990 for the State Theatre on file reveals that, as of May 31, 2011, CEO Shelley Browne was being paid a salary and benefits package of $155,503. It's about $2,000 less than she was paid the preceding year. She is the only employee with a 6-figure income.

I don't like the idea of hotel tax money being used to promote tourism when we have overflowing homeless shelters, but until state law changes, this does seem like a good investment with lots of returns for Easton.

Bethlehem Safest Among 3rd Class Cities Over 30,000

George and Raven make a new friend

Six out of ten Bethlehem residents feel safe, according to a recent survey. That's their perception. But is it accurate? If Pennsylvania State Police Crime Statistics are any indication, that perception is reality. Over the last five years, Bethlehem has been the safest of eleven third class cities in Pa. whose population exceeds 30,000. Of them all, the Christmas City has had the lowest incidence of murder, rape, robbery or aggravated assault. In fact, its violent crime rate is below the state average.

Now in Allentown, Mayor Edwin Pawlowski has insisted for years that the Queen City is really safe. Naysayers like Michael Molovinsky and I are derided as misguided misanthropes who create a false perception. But as you can see in the chart below, which covers a five-year time span, you are twice as likely to get mugged, murdered or raped in Allentown than elsewhere in the state. You're more than twice as safe in Bethlehem.

The most dangerous third class city is Chester, whose residents and visitors are nearly six times more likely to be victimized by violent crime than in the rest of the state.

Why the difference between Bethlehem and Allentown, which are right next to each other?

Bethlehem mounted police have good will ambassadors like George and Raven. Allentown has no police horses, but to be fair, its Mayor has often been likened to at least part of a horse's anatomy.

Both Bethlehem and Allentown have approximately the same police officer to resident ratio. So it's hard to blame the incidence of violent crime on an officer shortage. It might be that Allentown's population is much more transient, uneducated and poorer.

You don't solve that problem with a Johnny Manana's.

Or a hockey arena for the out-of-towners.

Violent Crime Index For Pa. 3rd Class Cities Over 30,000

city	county	2010 census	5 year average	per 100,000   population	ratio to state 5 year average
pennsylvania	all counties	12,702,379	38,455	309.1	1.00
chester	delaware	33,972	561	1651.4	5.68
harrisburg	dauphin	59,528	692	1397.2	4.80
york	york	43,718	476	1088.8	3.74
reading	berks	88,082	714	810.6	2.79
lancaster	lancaster	59,322	416	701.3	2.41
allentown	lehigh	118,032	708	599.8	2.06
erie	erie	101,786	458	450.0	1.55
wilkes-barre	luzerne	41,498	161	388.0	1.33
scranton	lackawanna	76,089	204	268.1	0.92
bethlehem	norco/lehco	74,982	170	226.7	0.78

LV Cities Shortchanged by Colleges & Hospitals

Callahan with LU's Women's Basketball Team Last Week

In Bethlehem Mayor John Callahan's budget proposal, he's including a revenue item that's highly unusual in the Lehigh Valley. It's called a Payment in Lieu of Taxes, or PILOT, under which exempt organizations like colleges and hospitals make a financial or in-kind contribution in recognition of the services provided by that municipality. Although the Lehigh Valley sees little revenue from exempt organizations, the chart below shows that it's a common practice in the rest of the state.


PILOT Contributions to Cities Throughout Pennsylvania

	2011 pilot contribution	2011 gf revenue	% of revenues
lancaster	$1,675,000	$46,189,083	3.63%
erie	$930,000	$60,466,724	1.54%
york	$584,400	$43,839,026	1.33%
altoona	$308,114	$26,707,569	1.15%
wilkes-barre	$489,466	$43,848,830	1.12%
chester	$347,199	$41,631,586	0.83%
harrisburg	$401,522	$55,993,156	0.72%
scranton	$198,000	$74,991,268	0.26%
bethlehem	$58,670	$67,822,462	0.09%
allentown	$50,000	$88,082,868	0.06%
easton	$0	$28,270,465	0.00%
average	$476,522	$52,661,812	1.00%
median	$347,199	$46,289,083	0.83%
rank			bethlehem ranked 10 of 12
beth at ave.			$678,969
beth. at median			$565,626

According to a study done by Public Financial Management, Inc., most colleges recognize a moral, if not legal, obligation to support their municipalities. Franklin and Marshall, for example, contributes 0.35% of its assessed value annually to Lancaster. In addition, it maintains for Buchanan Park. Alvernia, Albright, Kings and Wilkes University all make annual contributions on a voluntary basis, ranging from 0.05% to 0.28%. Widener University pays Chester annually for the cost of two police officers.

But Lehigh University, which has an assessed value in Northampton County estimated at over $204 million, pays nothing.

While making no contributions,tax exempt entities like Lehigh have benefited from City Services, as indicated by the fire calls made in 2011.

exempt entity	fire calls	service costs
lehigh	220	$283,800
moravian	107	$138,030
lv muhlenberg	31	$39,990
st. luke's	0	$0
bethlehem housing authority	84	$108,360
total:	442	$570,180

In addition to fire calls, there are other services provided, from street cleaning to police protection.

For nothing.

Maybe Lehigh should be billed for municipal services, a la carte. After all, it sits on a $1.1 billion endowment. At the same time, senior citizens on fixed incomes struggle to pay real estate tax dollars into the City so that Bethlehem firefighters can respond to the university's false alarms.

Bethlehem Mayor John Callahan thinks it's time for that to change.

Moravian and Northampton Community College, with much smaller endowments than Lehigh University, have informally expressed a willingness to help. So have medical institutions, in the form of in-kind services. But while benefiting from the revitalization of the City's south side, Lehigh University has dragged its feet for the past 6 years on voluntary participation in any PILOT program.

Although acknowledging he lacks the power to force Lehigh to make any contribution, Callahan believes he can persuade them. "I'm going to shame them into it," he stated, noting that it is ridiculous for an entity that takes up 20% of the City's land mass to provide nothing, while smaller schools like Moravian and Northampton Community College are stepping up to the plate despite their own financial troubles.

Like Bethlehem, both Easton and Allentown have received next to nothing from the colleges and exempt institutions inside their borders.

Muhlenberg Survey: 8 Out of 10 Residents Like Living in Bethlehem

The South Side, as seen from Payrow Plaza

Bethlehem residents love its downtown and parks, but they'd like to see improvements in street repairs and snow plowing. That's according to a citizen satisfaction survey of 1573 residents completed earlier this year by Muhlenberg College's Institute of Public Opinion.

Quality of Life

Over 8 out of 10 residents rate the quality of life in Bethlehem positively, with 32% calling the Christmas City an "excellent" place to live. 3 out of 4 rate their own neighborhoods as either "excellent" or "good." Those living on the South Side are more likely to have negative appraisals of their own neighborhoods (46%), although 47% of South Siders do think the City is better today than it was ten years ago. 76% of the City's residents would recommend Bethlehem as a place to live.

Mayor John Callahan said that, although the City may rate highly in different magazines as a place to live or visit, it's the opinion of its residents that matter most to him.

Infrastructure Maintenance

Despite this generally positive view of the quality of life, residents are dissatisfied with city services like street repair, snow plowing and street cleaning. Two out of three residents rate street repairs as only "fair" or "poor." Only 33% are positive about snow-plowing efforts. Although snow-plowing gets a failing grade throughout the City, South Siders have slightly more negative views.

Parking

On the South Side, 7 out of 10 residents give poor grades to parking. Downtown, West Bethlehem and Northeast Bethlehem have a slightly better experience, but overall, only 4 out of 10 Bethlehem residents rate parking as either "excellent" or "good."

Public Safety

Over 6 out of 10 residents feel safe, with nearly 3 out of 4 residents giving police services a positive rating, even on the City's South Side. But after snow plowing and street repairs, city residents would like to see more resources directed to crime prevention.

Recreation, Arts and Culture

Residents gave consistently high ratings to the City's recreational resources as well as its arts and cultural programs. Women, college-educated and white residents give higher ratings to the City's arts and culture programs than men, minority residents and those without college degrees.

Water and Sewer

Over 8 out of 10 Bethlehem residents rated drinking water quality in Bethlehem positively, with 40% calling it excellent. Similarly, 3 out of 4 residents have favorable views of the City's sewer system.

Garbage Collection

Although 58% of the City's residents have positive views of garbage collection, 30% rated garbage collection negatively. A majority of residents - 56% - believe the current trash collection system can be improved, and would support switching to a single hauler if it meant improved services and reduced cost. About 3 out of 10 residents would still oppose a switch.

Dent, Gerlach To Welcome German Ambassador on Monday

Washington, D.C. – Congressmen Charlie Dent, a German-American Caucus member, and Jim Gerlach, co-chairman of the House German-American Caucus, will be welcoming German Ambassador Peter Ammon to Eastern Pennsylvania.


When:     Monday, November 19, 2012

Schedule:      12:30 – 1:30 PM

Visit to Kutztown University

McFarland Student Union Building, Room 223

15200 Kutztown Road, Kutztown, PA 19530

2:00 – 3:30 PM

Business Roundtable Discussion

Lehigh Valley Heritage Museum

432 West Walnut Street, Allentown, PA 18102

3:55 – 4:10 PM

Tour of Zion’s United Church of Christ, Home of the Liberty Bell Museum

620 West Hamilton Street, Allentown, PA 18101

4:30 – 6:00 PM

Walking Tour of the Historic Bethlehem

Start at Moravian Museum

66 West Church Street, Bethlehem, PA 18018

6:00 – 6:30 PM

Presentation by the Bach Choir

440 Heckewelder Place, Bethlehem, PA 18018

Ex-Candidate Mezzacappa Disorderly at Boro Hall, Sez District Judge

District Judge Richard Yetter

District Judge Richard Yetter has convicted former West Easton Borough Council candidate Tricia Mezzacappa of disorderly conduct, following a 1 1/2 hour hearing yesterday afternoon. Those charges stem from an August incident in which Mezzacappa allegedly threatened to kill Council President Kelly Gross, and to punch Solicitor Peter Layman. There was also testimony from two witnesses that she repeatedly used the word "fuck."

After receiving an email from Borough Solicitor Peter Layman, denying one of Mezzacappa's incessant Right-to-Know requests, she "barrelled" into Borough Hall, according to Clerk Jill Garcia. Sweating, wet and shaking, Mezzacappa reportedly used the word "fuck" between 10-20 times. She told Garcia she was going to punch Layman in the nose and twice stated she was "going to fucking drag [Council President Kelly Gross] to the river and drown her."

A videotape, without audio, showing Mezzacappa in action, was introduced into evidence.

"I was scared," said Garcia." It was frightening."

Mezzacappa left after being told the police would be called, but returned a few minutes later to rip some documents off of a bulletin board.

Garcia's testimony was corroborated by tax collector Elizabeth Haney, who could hear the death threats from her office, about 25' away from the lobby.

Easton Police Officer Charles McMonagle, who ably tried the case for the prosecution, told Judge Yetter that he had to escort Mezzacappa from Borough Hall in January. He warned her that if she became disruptive again, he would cite her.

The tiny courtroom was packed with West Easton supporters, including several members of Council. Mezzacappa's sole supporter was Phil Lauer, whom she paid to represent her.

Testifying on her own behalf, Mezzacappa admitted what she herself called "explosive behavior," and acknowledged using the word "fuck" once or twice. She acknowledged she did refer to Council president Kelly Gross as a bitch.  She called it "verbal judo." She denied threatening any physical violence, in contrast to testimony from two witnesses.

She blamed her behavior on nicotine withdrawal, claiming she had just quit smoking.

Lauer's submitted several cases holding that the mere use of the word "fuck" is not disorderly conduct, even when directed at a police officer. He submitted no case, however, establishing that it is legally permissible to use that word 10-20 times in a public building.

But his main argument, in essence, is that although malcontents like Mezzacappa are trying, they are essential to a democracy. Judge Yetter refused to accept that argument as a basis for justifying death threats.
.
He did, however, dismiss a harassment charge against Mezzacappa.  Lauer persuaded the judge that two separate incidents in January and August were insufficient to establish a "course of conduct."

Mezzacappa was fined $200 and has 30 days to appeal. It is unclear at this point whether she will do so.

Updated 10:50 AM. - On her blog this morning, Mezzacappa shrouds herself tn the First Amendment. "Although it appears that the First Amendment stalled out on Butler Street yesterday, the second amendment is alive and well. And I'm off to Cabella's."

Alrighty then.

NorCo Bulldog Kills Payraise for Council, Exec

"You talking to me?"

Ron Angle is more dangerous than ever. Though he lost his bid for a third term on Norco Council to Scott Parsons, he now occupies the highest office of them all - that of citizen. And at November 15's Council meeting, it is largely his efforts as a citizen that killed proposed payraises for the next Exec ($10,000) and Council President ($300). It was the bulldog at his worst. It was also the bulldog at his best.

Council member Ken Kraft, who sponsored this proposal, was sure he had five votes. But he watched that support vanish as Angle made his points during a public comment period, despite an effort by Council president John Cusick and member Bob Werner to muzzle the bulldog.

Saying that the $300 reminded him of a "wart on a water buffalo," Angle asserted he had no doubt why the $10,000 salary hike was being proposed for the Exec.

"The next County Executive, and that's unless the good Lord comes down from the sky and runs on the Republican ticket, will either be Mr. [Glenn] Reibman or Mr. [John] Callahan. And I'm sure for the Democrats on Council, it's been suggested to them that in the case of Mr. Callahan, he would need more than $85,000 a year to come over here and be Executive. So how fitting do you think it is, when the rest of the world is struggling and they didn't get raises? Many of them wish to hell they could hang on to their job.

[At this point, both Cusick and Werner told Angle to wrap it up, although they allowed State Theatre representatives to drone on for 35 minutes on why the annual allocation for the artsy-fartsys should go up from $25,000 to $60,000. The attempt to stifle Angle failed.]

"If you don't like what I have to say, maybe you shouldn't be in office. You're going to raise it $10,000. You're negotiating contracts with employees. At a time when you're asking them to give back and take freezes."

Sounds pretty good, eh? When Ron sat down, I asked him, "Ron, didn't you make the exact opposite argument just a few years ago?"

"Shhh!" he whispered.

Too late. Ken Kraft noticed the reversal as well, pointing it out and also claiming that he was still waiting for Angle to pay off some side bet the two had. That brought an indignant Angle to his feet for a few more minutes, as he and Kraft parried back and forth.

In fairness to Angle, the economy was much better when he supported raises, and the timespan without one had gone on much longer.

At some point, Angle claimed Reibman had run the County into the ground and Callahan had run Bethlehem into the ground.

"Will any of them perish if they don't get this pay?" he asked.

There goes his Christmas presents from them. He also managed to insult John Cusick, Bob Werner and several members of the audience. One of them, Jack D'Alessandro, waddled over and attempted to lunge at Angle before leaving, but missed. Then he just floated away.

Cusick admonished Kraft about attacking Ron from the dais. But the Council Prez just does not understand that real people like Ron Angle and Ken Kraft love to mix it up. Angle's a slater and Kraft is a union dude. They were fiery, rude and having a great time. It was entertaining as hell.

The music of democracy.

Much better than polite hypocrites telling each other how wonderful they are.

Though despised by nearly every Council member, Angle's arguments were persuasive. Tom Dietrich and Peg Ferraro, two of the Council members who deposed Angle as Council President just two years ago, echoed many of his sentiments. Ferraro, in particular, noted that the County had just asked the Gracedale union to make concessions. Cusick argued that 37 county employees make more than the Exec, as well as nearly every Township Manager. But Ferraro retorted that perhaps Townships should ask their managers to give back instead of increasing the Executive's salary.

Maybe his absence has made their hearts grow fonder.

Probably not.

Aside from Kraft and Cusick, who incidentally would also like to be the next exec, Council members voted the raise down. After the meeting, anti-union Angle and union business agent Kraft joked with each other.

Angle's replacement on Council, Scott Parsons, has been an excellent representative, and after seeing him in action, I understand why people voted for him and like sincere and humble approach.

But the world is a little better with one Northampton County bulldog. Maybe he's even better as a citizen. The State Theatre will cost Northampton County $240,000 over the next four years. Angle's argument, despite the attempt to muzzle him, just saved taxpayers $41,200 over the next four years.

Stoffa: We Need Early Voting

Northampton County has 149 precincts. All but two of them - one in Forks and the other in Palmer Township - worked smoothly on election day. But two was enough for a turkey from The Express Times:

"Northampton County election officials have some homework to do. They have four years to get it done, but it’s best to start now. Surges in population in Forks and Palmer townships have overburdened polling places in the fastest growing areas, which became painfully obvious in Tuesday’s balloting. Some people reported waiting in line to vote for up to three hours. Many made several trips. At the same time, some wards in cities and boroughs have no lines. It’s time to redraw the map, starting with those precincts that can’t handle the crush of a presidential vote. Split ’em up."

Stoffa disputed this criticism at November 15's County Council meeting. "I think we've been judged pretty harshly," he said. He pointed out that the number of registered voters at both polling places is about the same number it was four years ago. So the suggestion that long lines were the result of a growing population, is simply wrong.

In addition, Stoffa pointed out that "judges of election," who run each precinct, are independently elected, and appoint their own helpers. "We have no control over that," said the Exec.

But he'll agree that there certainly is a problem, which he outlined in his own laconic style.

"I think voting in Pennsylvania stinks. We have no early voting. I don't know why we put up with that. Imagine if the election would have been held one week before. It would have been chaos."

Council members Ken Kraft and Bob Werner both volunteered to serve on a committee to lobby Harrisburg on this issue.

Call Him Ismael

That's Ismael Arcelay, not Ishmael. As you can see below, his quest is not Moby Dick, but something far more dangerous - a seat on Northampton County Council. But he's enlisted the services of Mike Fleck, campaign manager to Allentown Mayor Ed Pawlowski.

The Allentown Hizzoner must still be upset with the Bethlehem Hizzoner, Mayor John Callahan. Although Pawlowski has claimed that his special tax zone (the NIZ) in the Queen City will help everyone, Callahan believes it could hurt business in Christmas City.

It's no secret that Callahan intends to run for NorCo Exec next year, and it is possible that Arcelay is part of a Pawlowski-Reibman-Fleck cabal.

On paper, Arcelay looks like an excellent candidate. He's a realtor with Cassidon, a "Special Assistant" to Pawlowski, a Pennsylvania Human Relations Commissioner and even has something to do with the Center for Humanistic Change and its "holistic, humanistic approach to education."

In Northampton County, he's served as an appointed member of the Elections and Personnel Commissions. He also did a three-year stint as an appointed member of Bethlehem City Council.

But that's on paper. So far, he's been unsuccessful in actually getting elected. He's lost twice in City Council races.

While on Council, he clashed with DA John Morganelli over a civilian review board for the police. Arcelay felt more oversight was needed, but Morganelli argued that's his job. He also crossed swords with Bethlehem Mayor John Callahan when he sought some sensitive information concerning individual police officers.

Arcelay, the City's first Hispanic member of Council, supported Bethlehem's recently enacted human relations ordinance. He has stated that if he walked down a Bethlehem street without a suit and tie twenty years ago, he would be treated much differently because he is a Latino. He claims there is still "disparate treatment," and it extends to Bethlehem's educational institutions and even exists inside City Hall.

From: Sam Ruchlewicz [mailto:sam@fleckconsulting.com]
Sent: Monday, November 12, 2012 1:58 PM
To: friendsofismaelarcelay@gmail.com
Subject: Holiday Party for Ismael Arcelay

 

 

How Do You Spell Superstorm Relief? CACLV

Alicia Karner, president, CACLV Board

In October, Northampton County's Emergency Management Center was the command post for local emergency response to Superstorm Sandy. As Humvees raced in and out of the lot, Emergency Management Services Director Bob Mateff kept in contact with local municipalities and their residents. But the scene was much more tranquil at the Upper Nazareth Facility on November 14, when Mateff announced the formation a task force to provide $40,000 in financial assistance to low-income and elderly homeowners who suffered damages during the hurricane.

As bad as Sandy was, Mateff doubts whether the Lehigh Valley will qualify for federal or state assistance. So the Community Action Committee of the Lehigh Valley (CACLV) was able to raise $40,000 to help those who suffered. Half of this money comes from NorCo's GPA, with the rest coming from ESSA Bank, the LV Labor Council, retired PPL CEO William Hecht and an anonymous donor.

Hal Black, retired Air Products Exec

Retired Air Products Executive Hal Black will coordinate response, which will provide up to $1,000 for Lehigh or Northampton County homeowners whose properties were damaged by Hurricane Sandy. They must be 65 years of age or older or have physical limitations preventing them from making the improvements themselves. They are ineligible for any damages covered by their homeowner's insurance. The program only applies to households that fall below 200% of the federal poverty. For a single resident, that's an annual income below $22,340. For a family of two, it's $30,260. For a three-person household, the cutoff is $38,180.

Alicia Karner, who is President of the Board of Directors at CACLV urged Lehigh Valley residents to apply if they need help, even if they think they might fail to meet the criteria. She explained that doing so would enable her to better assess the need. "When I worked for Senator Boscola, this is exactly the kind of call we used to get," said Karner, who is also Northampton County's Economic Development Administrator. "It's very frustrating to tell someone there's nothing there for them," she added, hopeful that these donations will help those in need.

Those who think they might be eligible are asked to call CACLV at 610-691-5620.

Simmons Win 131st State House Seat By 448

Justin Simmons (L) and Kevin Deely (R)

For Justin Simmons campaign manager Mark Sterner, the past few days have been pretty nerve-racking as elections officials in two different counties have tallied votes in a surprisingly strong challenge by Easton High School teacher Kevin Deely. Simmons saw his Lehigh County lead dwindle to just one vote at one point in the process. But now that all the absentees and provisionals have been counted in both counties, Simmons can claim a 448-vote lead.

Acting Lehigh County Dem Chair Bar Johnston points to this election as proof that one vote really can make a difference. She's unsure at this point whether Kevin Deely will seek a recount. "That's a decision he must make," she tells me, adding that many Deely supporters are urging him to go for it. If he does, Sterner will likely have to be hospitalized.

Simmons' lead in Lehigh County has grown from one to 16, thanks to absentee ballots due yesterday.

In Northampton County, where canvassing of his district was completed today, a 430-vote lead went up to 432.

All told, the final tally in both counties shows him up by 448 votes.

Is Callahan's Proposed Tax Hike Political Suicide?

From his perch in the Big Apple, urbanist Jonathan Geeting regularly instructs all of us in what we're supposed to think. And I'm a bad boy who would certainly be sent to re-education camp in his Orwellian world. Yet I find myself in agreement, at least to some extent, in his post about Bethlehem's proposed budget. It is innovative.And it displays political courage in a world where that quality is in short supply.

Details are contained in Lynn Olanoff's Express Times account, and include the following:

* A 5% ticket tax for entertainment events at venues like the Sands Casino.

* $1 million payment in lieu of taxes (PILOT) from entities like Lehigh University and Moravian College, which are exempt.

* $1.2 million from the sale of city-owned parking lots to the Bethlehem Parking Authority.

* Raising $500,000 per year by converting to a single trash hauler.

* An 8.5% property tax hike.

As Geeting points out, this is a pretty gutsy move by Mayor John Callahan, especially since he is eyeing a run at Northampton County Executive next year. His proposal almost guarantees that former Executive Glenn Reibman will mount a challenge. I can see the mailers now.

But after years of juggling money between different accounts to keep current, this is a refreshingly honest approach to government. It also avoids the game that politicians like Reibman play. They deplete cash reserves until the cupboard is bare, and then impose massive tax hikes.

The ticket tax and sale of city-owned parking lots are no-brainers. I particularly like the ticket tax because it softens the blow on home owners with fixed or even reduced incomes. The PILOT is great ... if you can get it.

But two aspects of the proposed budget are troubling.

Converting from 19 to a single trash hauler is simply insane. In 2010 and again in 2011, Callahan was nearly ridden out of town on a rail for merely suggesting the idea.

These 19 private trash haulers are the very kind of small business that made this country great. They do things you just won't find if a big operator like Grand Central takes over. When someone is down on his luck, they will sometimes "forget" to bill the customer.

I also question whether Callahan could ever get support for a single trash hauler from City Council. At a debate last year, Council members Bob Donchez, Willie Reynolds and Recchiuti all stated they oppose the idea.

Then there's the 8.5% tax hike, which seems a tad high for a City getting so much casino money. But services have already been cut to the bone. Additional cuts would likely be irresponsible.

Suffice it say that Bethlehem is facing a long budget season because nobody, including the Mayor, likes a tax hike. But instead of cooking the books, as politicians are wont to do, it's refreshing to see an honest approach.

Caesar's Rule in Northampton County

Yesterday, I told you all about naughty emails. Two NorCo Register of Wills clerks could tell you more. They were fired in September because, from time to time, they exchanged vulgar emails with each other and an ex-boyfriend or two. A union grievance was denied, and the County also opposed paying unemployment. Late last week, an Unemployment Compensation Referee ordered the County to pay up. He reasoned that the County was in no position to claim willful misconduct because it acquiesced in the naughtiness for two years without taking any disciplinary action of any kind.

Don't get me wrong. I can certainly understand the reason for this policy. Over two thousand years ago, Julius Caesar applied it to his own marriage. When his wife Pompeia was caught in a compromising position with a young aristocrat named Publius, he divorced her on the spot. It made no difference to him that his wife had dispensed no sexual favors. "Caesar's wife must be above suspicion," he ruthlessly reasoned.

That same reasoning would apply to vulgar or offensive emails. Public employees, like Pompeia, should do nothing to place Caesar, i.e. their public employer, under suspicion. But Caesar's rule also applies to nepotism.

In Northampton County, a cabinet level official has a relationship with an employee under his direct supervision. To my knowledge, they live together. I'm happy for them. But their relationship, by itself, places Caesar, i.e. the County, under suspicion. Though I have no reason to believe they have failed to act with honor, the very fact of their relationship presents an appearance of impropriety.

Northampton County Executive John Stoffa, in 2007, signed a nepotism policy (you can see it here) that prohibits this kind of nepotism. Yet for years, he has acquiesced in its violation. How can he fire some poor clerks for exercising poor judgment with emails while allowing a cabinet level official to brazenly thumb his nose at Caesar's rule?

It's hypocritical to apply Caesar's rule unevenly, depending on the class of person involved. But that's exactly what is happening in Northampton County.

Incidentally, I've been asked to name this cabinet level official. I have declined, for the same reason I have declined to name the fired employees. But 95% of the courthouse knows.

Ron Angle is Hiring

ABC Misnames Petraeus Book ...

... "All Up in My Snatch." It even included a video!

Truth is stranger than fiction. I better not post a picture.

Black Friday Strike at Walmart?

A group calling itself Lehigh Valley Strike is organizing a strike at Walmart on Black Friday. The site urges local Walmart employees,

"Walk out or call in sick on Black Friday -- you won't be alone!

"Send a message: every customer not rung up, every shelf left unstocked, every inconvenience to upper management is a direct hit at the Waltons' pocketbook. That'll teach them to not pay poverty wages!"

More Naughty Emails

Nothing like a good old-fashioned sex scandal. Everybody's in hot water. General Petraeus was certainly "All In" ... and out. And in and out. Paula Broadwell was definitely embedded. Now comes word that the FBI agent who originally investigated this matter pulled a Weiner and began sending shirtless pictures of himself to raven-haired Jill Kelley. Her sole offense, like that of many Lebanese women here in the Lehigh Valley, is that she is simply gorgeous.

I'm pretty sure I dated her. And Paula Broadwell. General Petraeus, too. And I've been getting shirtless emails from Ron Angle.

 

About Those Naughty NorCo Emails

Back in September, two NorCo Register of Wills employees were summoned to the Human (or is it Inhumane?) Relations Office on the oxygen-deprived Third Floor, with one hour's notice. In an email, they were told they could be losing their job. And they did. I saw one of them on her way to the firing squad. Were they stealing? Nah. Excessive absenteeism. Nope. It was something far more sinister than mere theft.

Naughty emails.

That's right. Two single mothers were shown the door because, from time to time, they exchanged a few naughty emails with each other and one or two ex-boyfriends. No employees were harassed. Nobody was threatened. But some of those emails were downright vulgar and racy, and we'll have none of that in the People's Republic of Northampton County. Never mind that a cabinet-level official has been carrying on with one of his subordinates for the past few years, with the full knowledge of the County Executive. That's different. We'll have no naughty emails with the hired help, unless it's to or from General Petraeus.

Now you might think these women are independently wealthy, and were just working for pin money. Actually, they both have families to support, and were working second jobs to feed and clothe them. That meant nothing to the County, even though the words "justice" and "mercy" are proudly proclaimed on the County seal.  Union grievances were summarily denied. Pouring salt into the wound, County officials denied claims for unemployment compensation, too.

So for the past two months, with little income from part-time jobs, these women have been trying to make ends meet.

Now we all know naughty emails are a bad thing. Very bad, indeed. Especially for Directors of the CIA. But a firing offense? For courthouse clerks? After letting it go on for two years, without saying a word? This punishment just doesn't fit the crime.

While these ladies are being crucified, some corrections officers at Northampton County jail are charging inmates $100 a pop for tobacco pouches, according to a recent civil rights lawsuit settled by the County for $200,000. Funny how no investigation has gone into that mess.

This type of uneven treatment, more than anything else, is why unions prosper in a workplace like Northampton County Government. Employees will flock to them. Once they get their foot in the door, we're stuck with them. Northampton County is stuck with eleven.

But are they worth it?

You'd think AFSCME, the union representing these workers, would be on a holy tear. After all, it went all the way to the Supreme Court for some Philly union dude engaged in sexual harassment on the job. But not for these single mothers. AFSCME's business agent, himself a former corrections officer, only reluctantly filed a grievance. He dragged his feet about filing a request for arbitration. He's done nothing about unemployment compensation.

Some union.

Enter the Evil Lawyers.

Thankfully, these women had the good sense to hire Easton attorneys Brian and Colin Monahan, a father and son team. After a 4 1/2 hour hearing last week for one of these two woman, unemployment compensation has been granted.

During this lengthy hearing, Brian Monahan established that, contrary to what has been claimed, the County's "electronic resource policy" does permit workers to use the Internet for personal business, so long as it is not abused. It is true that a first-time violator can be terminated.

Director of Court Services Archie D'Isidore decided to conduct an "investigation" into the private business of these two ladies and God knows who else. For over 2 years, he snooped through their private emails. While collecting their emails, he never once put them on notice. In fact, he actually gave them positive performance action reports. No warnings. No restrictions on email.

D'Isisdore, incidentally, is the rocket scientist who recommended one of the administration's pets as the new Register of Wills. She was named over a Deputy with 13 years of experience. That Deputy had the backing of both the courts and the retiring Register of Wills.

D'Isidore explained that he needed those 2 years to show a pattern of Internet abuse. But Referee Gary Wardecki disagreed. "The employer's failure to take any disciplinary action for two years indicates the actions were not considered misconduct."

And they were't. What D'Idsidore really did was bide his time until the retiring Register of Wills, Dot Cole, was gone. Then he lowered the boom, launching a pre-emptive strike against two woman who had noticed some of his own antics. This includes bringing his own ex-secretary in on weekends to get OT to do their work.

Since the County is self-insured, what this ruling means is that County tax revenue will be used to pay two Register of Wills employees to sit on their asses. And when they get re-instated, and you can take that to the bank, it will mean even more money and attorney fees.

Brilliant.

It gets better. The County may have opened itself up to a civil rights action. Courts are increasingly concerned about protecting the privacy rights of public sector employees. In fact, the Commonwealth Court has thus far blocked attempts by reporters to obtain teacher home addresses, even though that information is available in most phone books. Canada's Supreme Court has also recently ruled that employees do have privacy rights, even with workplace computers.

So do I condone naughty emails on the job? Not at all. It's just horrible. I'll bet nobody does it. Those few who do are shot on the spot.  But you don't wait two years and then unload the hammer. Emails to family members and loved ones, incidentally, should really be above scrutiny. Anybody who spends 2 years looking at those, with his door closed, is just downright creepy.

Where has County Executive John Stoffa been during this nonsense?  Obviously, he supports the termination. But to fire single mothers for violations of some prudish code, while acquiescing in a cabinet-level official who is involved with a subordinate, is simply unconscionable. He knows this. But with top-notch cabinet officials like John Conklin and Vic Mazziotti gone, he's getting bad advice from people who know nothing about County government or, more importantly, people.

It would be one thing if his poor judgment affected only him. But this will cost all of us in the end, to say nothing of what it is doing to courthouse morale.

When John Stoffa was first elected, he was heralded as the anti-Reibman. But with an indifference to the County workforce, coupled with a Budget that dips too deeply into the reserve, he's become just like him.

Blogger's Note: I scanned the Unemployment Compensation ruling, redacting the name of the employee.

88% of Deely's Money Comes Wrapped in a Union Label

Deely at Labor Day Parade in Bethlehem

State House candidate Kevin Deely, an Easton High School teacher and union activist, clearly derailed at the DeSales debate. After that, I wrote him off as a serious candidate. He is seriously uninformed on most state issues, and that became apparent very quickly. But I forgot that few people in the Lehigh Valley watch televised debates. Fewer still read the blogs. So quite a few Democrats in the 131st District, who had already decided to vote for Obama, voted straight party. As a result, incumbent Justin Simmons is hanging by a one-vote lead in Lehigh County, although he's still up by 430 votes in Northampton County.

In addition to the lever pullers, Deely's campaign was heavily funded by the unions. 88% of his $130,000 warchest is wearing that union label. His biggest union contributor is PSEA. After all, he was President of the teachers' union in Easton, where he's known for rejecting federal funding when tied to teacher performance. He also organized a rally when school administrators balked at an average 12.57% average raise for teachers in the height of the Great Recession.

That union label is apparent among his individual contributors, too. They include union activist James Schlener, who lost his job as a Bethlehem firefighter after being picked up for DUI while supposedly on sick leave. Schlener and other contributing union activists, like Jim Gregory and former LV Labor Council President John Werkheiser, live outside the 131st legislative district.

Simmons raised about the same amount of money as Deely. His largest contributor, by far, is $30,000 from the House Republican Campaign Committee.

But Deely does not list the $98,000 that state Democrats paid for TV ads. Maybe he forgot.