A Judge's Bias on Display in Trial of Police Chief's Son

Jack McMahon, lunatic

Christopher Fitzgerald, son of Allentown's police chief, happens to be black like his dad. Is this why detectives were tailgating him? I doubt very much that detectives, one of them Latino, were thinking much about that at all when they followed him too closely last August. What was going on was an overload of testosterone. They were wrong to tailgate. Fitzgerald was wrong to brake-check. When Fitzgerald pulled over, they could have gone around, but pulled behind him in a fit of machismo. Fitzgerald doubled down by pulling out his firearm. All of this is incredibly stupid. None of it is criminal They were all knuckleheads. But the person who really disappoints in this matter is Lehigh County Judge Kelly Banach. She has demonstrated bias, not against Fitzgerald, but against lawyers who are out of town.

Banach should take a moment out of her busy day to read the Sixth Amendment. It gives every criminal defendant the right to an attorney. Even if that attorney is from out of town. But Banach had a hissy fit a few months ago when Fitzgerald's lawyer, Jack McMahon, was unable to appear at some bullshit status conference. He happened to be in the middle of another trial. He was unwilling to drop everything there just to pay homage to her. Banach said she wasn't "going to put up with much more" and that Fitzgerald could find a good local lawyer who would just have to "walk up the street."

This parochial disdain for lawyers from outside of the County is a common problem among many local judges. It's unfortunate to see in Banach, but is pretty evident. In addition to her complaint about his absence, she refused to let jurors listen to a potion of video that McMahon believed to include a disparaging reference to Fitzgerald's girlfriend. And she also stated he was "acting like a lunatic" when he dared complain about her refusal to instruct the jury on the justification defense.

It's hard enough to get an acquittal when the prosecution brings all its resources to bear on someone accused of a crime. Banach, who was a prosecutor between 1987 and 2003, seems to have forgotten that she has a different role now.

Is Hayden Phillips Going to Primary John Brown?

Though I probably disagree with him philosophically on most issues, Hayden Phillips has been a pleasant surprise on Northampton County Council. He has often stood alone among Republicans in opposing John Brown excesses. He also has been very effective at getting a grip on the County's capital projects by insisting on a three step nuts-and bolts approach: tell me what you're going to do; do it; prove than it's done.

There's a rumor circulating among Republicans that he intends to oppose John Brown should he seek re-election to Executive in two years. I have no idea whether he'll confirm this interest, but am passing along what I hear.

Independent Audit Shows Brown Balanced Budget on Backs of NorCo Workers

The independent audit for last year's spending is in. According to a report from CliftonLarsenAllen, the County finished the year with a $13.7 million unassigned find balance. This is about 15.2% of the annual expenditures from the general fund. This is by no means something to brag about, but is more money than the $1 million projected by Fiscal Affairs Director Jim Hunter.

How did the County end up with more money. The audit cites several reasons.

First and foremost, Brown balanced the budget on the backs of the County workers. He allowed vacancies to increase, this reducing the need to pay out salaries and fringes.

Second, he cancelled a planned addition to the 911 center, which would have cost $3.6 million.

Third, he pulled in revenue from other counties to house children in the County's juvenile detention center.

The report also notes that table games revenue has increased $1 million. I have drawn attention to this table game revenue several times. While there are strict controls in place for the spending of slots revenue, Council has placed no controls on the Executive's ability to dip into that fund for anything that he deems to be in the County's interest. In effect, it is a slush fund. To his credit, Brown has this far avoided the temptation to spend this money to improve his re-election chances. But no one person should have that much control over so much money.

AG Kane's Private Guns Aim at For-Profit Nursing Homes

This blog criticized NorCo Executive John Brown several times last year over his penchant then for no-bid consultant contracts. According to The Philadelphia Inquirer, Attorney General Kathleen Kane has done much the same thing. Though she has a gaggle of her own 180 lawyers, she has hired a law firm - Cohen, Milstein, Sellers and Toll - to go after four for-profit nursing homes. It gets to keep $21 million of the first $100 million in fines collecte d. She gets to keep $10,000 the form gave her campaign warchest. Altogther, she's accepted about $350,000 from ten such law firms for similar sole source contracts.

Given that she already has a fairly large staff, I have a problem with deputizing another aw firm to do the work she is supposed to do. But what really bothers me is that these are no-bid contracts.

Morning Call Features My Grandson's AAU Basketball Team

My grandson Dat Lambert and head-banded Mikey Esquilin, are the
two players in white who were selected all-tournament in Ohio.

Time to brag a little. Sorry. After basketball season finished last year, my grandson immediately started playing AAU basketball. After school, he hits the books, and then starts shooting until it's time for practice. His team, the McHoops Blue Chips, was just featured in The Morning Call. It's a collection of 8th and 9th graders from Becahi, Central Catholic, Parkland, Emmaus, Easton and Whitehall. They are coached by Dawud Abdur-Rahkman, an assistant coach at Muhlenberg College. The team has outright won two tournaments and came in second at a recent tournament in Ohio. It was just invited to play in this weekend's Parkland's Trojan Classic AAU tournament.

Dat with Jared Sullinger

So far, I've missed all but the first tournament. I've been assigned dog-sitting duties. But on Saturday, I'll get a chance to watch them play.

In case you're wonder how a freshman guard stacks up against an NBA player, wonder no more.

In Ohio, Celtics power forward Jared Sullinger, 6'9", came to watch the kids play, and posed with my grandson Dat during a break. Now Dat is nearly six feet tall, but compared to Sullinger, he looks like a peanut.

I think I could take them both, but don't want to embarrass them at such young ages.

The Great Jail Raid: Much Ado About Nothing

Let's say you're a bad guy, someone who smuggles contraband into Northampton County Jail, either as a corrections officer or as a visitor. The last day you'd do this would be on a Wednesday, when jail staffing is at its highest, and everyone is crawling over each other. Yet that's precisely the day that NorCo Corrections Director Dan Keen chose for a surprise shakedown. Over the course of six and a half hours, 79 state corrections officers and 14 K-9 dogs searched every inch of the place. And found nothing. A dog and pony show that afternoon created the false impression that drugs had been found in two cells and a locker, but District Attorney John Morganelli confirmed on Thursday that the massive search had yielded nothing worthy of his attention.

All they found were lots of autographed pictures of me!

Basically, state taxpayers wasted about $40,000 in wages and salaries for a wild goose chase. I'm sure state investigators will come right away the next time Keen cries "Wolf!"

Just so you know, there's no doubt in my mind that there really is a contraband ring inside the jail, as there is in nearly every jail. But instead of letting professionals look into the matter, Executive John Brown listened to Cathy Allen, a Deputy Director of Administration with absolutely no experience or education in corrections or criminal investigation. She conducted her own investigation, developed her own stoolies, persuaded Brown to hire Keen and then arranged with Keen for this sweep, which was doomed to failure from the start.

Keen had assured everyone there would be tons of drugs and cellphones .But he picked the worst day possible in a sign of naivete and inexperience that have become Brown trademarks.

Morganelli, who actually has gone through a few of these, could have told them they are wasting their time and our tax dollars. "It's hard to get into a locked down facility," he explained, noting that word always gets out.

On Thursday, when it became clear that no drugs or criminal contraband had been found, Keen stopped taking questions from The Express Times.

There's a rumor that about eight corrections officers were escorted out of the jail last week, but nothing has been referred to Morganelli for prosecution.

Updated 12:13 am: Morganelli told The Morning Call's Riley Yates that this search was "like the search for weapons of mass destruction in Iraq." Keen has apologized for any "miscommunication" when he asserted that drugs had been found in two cells as well as someone's locker. Jail inmates were apparently strip-searched.

RIP, Willard Mohn

Former Upper Nazareth Tp Supervisor Willard Mohn passed away on Wednesday. He's a former Nazareth police officer who went on to become police chief in Stockertown and Upper Nazareth. He advocated 24-hour police protection and was also a proponent of the Nazareth Library when less enlightened souls were trying to close it down.

"It is a sad day for the Officers of the Nazareth Borough Police Association," stated their President, Fred Lahovski. "Officer Mohn embodied all the things that are righteous about the police service. He has influenced generations of Nazareth Police Officers in encouraging the golden rule, 'Treat other as you wish to be treated.'"

Lustig Hot Dogs Coming to Bethlehem

John Lustig, Jr.

Remember Lustig hot dogs? They were the wieners used at Potts, Willie Joe's, Pete's, Richards and other revered hot dog stands. You could buy them at Laneco foodliner, too. They were the staple of John Lustig's Meats, which operated out of Quakertown between 1966 and 2000. Now John Lustig, Jr. has an innovative way for selling hot dogs in Bethlehem. Instead of off the grill or out of a frier, his dogs will be encased on site, cooked in a smokehouse for two hours, and go directly from there onto your bun. At their May 27, 2015 meeting, Bethlehem's Zoning Hearing Board unanimously approved his application for a special exception to operate a hot dog business at 835 N. New Street. Their only complaint was that he failed to provide a few samples of his fare.

His eatery will be open six days a week, between 11 AM and 6 PM. It will be strictly take out, and customers standing in line can watch as their hot dogs, made of beef, pork and seasonings, are encased and smoked. It will be strictly take out. He will also sell chips, milk and bottled soda. Because his dogs are bigger than the normal fare, he will charge $2.50.

Lustig explained that 99% of hot dogs are actually cooked twice, first at the meat processor and again at the eatery that serves it up. His wieners will be fresh.

As a former employee of the US Department Agriculture, Lustig became what he calls a "clean freak." So much so that the employee handling cash will be kept away from the workers making the dogs.

The smokehouse will be vented outside. "There will be a smell, not a strong smell," he admitted.Neighbor Frank Baran complained that he is "not really fond of the smell of smoked meat," and also worried about the litter. Jerry Bozio, who owns the property next to Lustig, complained about the increased traffic this would cause. Lustig, who is under no obligation to provide off street sparking, suggested he would be willing to convert a portion of the lawn into a parking lot.

While zoners deliberated, Lustig reached out and spoke to Baran and Bozio about their concerns.

After granting him approval, Chair Gus Loupos placed an order.

A Ron Angle Controller Race Would Help Elect Sam Murray

Although the official tally is not expected until later this week, WFMZ-TV69 has gone out on a limb and reported that Ron Angle has attracted enough write-in votes to get on the Republican ballot in the Controller's race against Steve Barron. I'll go out a little farther and report that Angle has over 550 write-ins, well in excess of the 250 votes required. A few votes went to RAT candidate Anthony Catino, who wanted to twerk his way into office. There was even a write-in vote for the "Mediterranean Manslab" in Bethlehem's eighth ward. But Angle, who spent no money and did no campaigning, really kicked ass. Nobody will be more grateful than Sam Murray, if Ron really runs. And that is a Big If.  

If the judicial race between Democrat Sam Murray and Republican Vic Scomillio were held today, Sam would lose. He would go down even though there are more Democrats than Republicans.The reason for this is that Republicans vote in municipal races while Democrats watch John Stewart. This is why John Brown, who was widely unknown, was able to beat John Callahan in 2013.

Republicans are pretty smart in these races. Look at Bethlehem and Easton. You'll see there are no Republicans on the ballot. Even in the County Council races, Republicans offered no challenger in Bethlehem or Easton. As a result, Democrats stay home in the urban centers. They think they have no real reason to vote. And the Republicans crush everywhere else, especially in county races. So despite having the Brown anchor around his neck, I believe Scomillio is currently the odds on favorite for judge and that Sam is going to have to do everything he can to bring out the vote if he expects to win.

In the old days when there were real party bosses like Justin Jirolanio, Democrats were a real machine on election day. They spent immense amounts of money to drive voters to the polls and make sure as many Democrats as possible voted (and some would add as many times as possible).

Over the years, as unions and party structures have weakened, that real get out the vote effort has been replaced by political consultants who send mailers to the wrong addresses or conduct bogus polls. Candidates with no money get stuck with zealots like Gloria McVeigh, who scare normal Democrats away.

Republicans need no one to drive them to the polls. They will come in on walkers and wheelchairs. You have to respect them for their willingness to be engaged. I wish more Democrats were like that, but they only get fired up in presidential races.

If Ron runs for Controller, things change. Sam's chances of getting elected as Northampton County next judge improve considerably. Ron will bring out the Democrats. In fact, he'll probably bring out more Republicans than might otherwise vote. He is a master at drawing attention to himself, and has already done it in this race. The Express Times was unwilling to do a profile on the judicial race before the primary becauseit  might interfere with their prom coverage. But the paper published a story about Angle's write-in campaign, even though he was not even a candidate. He sells papers.

Now WFMZ is reporting on the barbs being exchanged between Steve Barron and Ron, in what sounds more like the trash talk before a professional wrestling bout than anything else.

Good stuff.

As most of you know, I think Barron is a much better Controller now than he was before John Brown took office. He has matured, and Brown has also managed to make him look pretty good. But as most of you also know, I consider Ron Angle one of my closest friends. In my mind, no one would be a better fiscal watchdog than the man I dubbed the Northampton County Bulldog.

But is Ron really serious?

I think he was running solely to prevent Barron from waging his own write-in campaign, or even worse, seeing the nomination going to a wingnut  like Catino. I doubt he really wants the job. He is simply too busy to be tied down to an office every day. If Ron Angle turns down the nomination, party bosses can select someone else to take his place. That's what I expect to see happen.

But not right away.

He's having too much fun.

Planner, Developer Lash Out at Green Pond Marsh Advocate

Jack Glagola, Democratic nominee for Township Comm'r

Plans for a 265-home active senior development, located next to Green Pond Marsh, will have to wait another month. That's because Bethlehem Township's seven-member Planning Commission had no quorum to review the latest submission from Traditions of America. Three members were unable to attend, and Chair Lee Snover has recused herself from voting on the matter as a result of a potential conflict.

Though no formal action could be taken, developer Traditions of America signaled it has no issues with recommendations made by the Township engineer. Moreover, Del Val Soil and Environmental Consultants, hired independently by the Township, has raised no environmental concerns. Snover warned that Traditions' real problems will be with regulatory agencies like PennDOT, DEP and the Lehigh Valley Planning Commission.

Les Walker

Jack Glagola, informed yesterday that he is the Democratic nominee in the at-large Commissioner race, pointed to developers and noted, "None of them live here" He pointed out that Traditions stands to gross about $111 million, while Bethlehem Township residents will get more congestion and stormwaters."They don't get smart development," he complained. "This is dumb development."

Glagola had waged a write-in campaign for the Democratic nomination to the at-large seat on the Township's Board of Commissioners. He received 92 write-ins, to 88 for incumbent Marty Zawarski, the Republican nominee.

Glagola was reminded by Snover several times to confine his comments to the merits of the plan. But no such admonition was given to others who decided to attack him. Traditions Principal John Biddison complained that Glagola's own home is closer to Green Pond Marsh than any of the homes he plans to build. Calling Glagola a NIMBY, Planning Commissioner Les Walker told Glagola, "This Board isn't here to save your view." He called the "Save Green Pond" signs he said he sees everywhere "ridiculous."

Glagola did address the merits of the plan, noting that Save Green Pond had done its own environmental study. Planning Director Nathan Jones assured Glagola that his study had been distributed.

While Biddison and Walker took their shots at Glagola, Commissioner Michael Hudak applauded from the back of the room, and spoke loudly enough to be heard in the front. Marty Zawarski, who was also listening, walked out after Hudak began whatever he was doing

In a first, Green Pond Country Club owner John Daub weighed in. "We feel very comfortable that Traditions of America is the best plan for the Township," he assured planners. "The majority of the people in the Township support it," he added.

"We are not touching Green Pond," Biddison insisted. "The wetlands are 100% protected."

After the meeting was over, Zawarski stated he is troubled by what he has seen. To him, this is not a done deal.

Northampton County Receives 2015 Conservation Leadership Award

Maria Bentzoni and Bryan Cope

NorCo Council President thought that news that Northampton County recently received the 2015 Conservation Leadership Award would make a great op-ed piece. I agree, but I'm not so sure she'd like this one.

When John Brown was first elected Executive, he met with an environmental group. "I'm not a parks guy," he told them. He proved that, too, by proposing a budget that essentially gutted the County's open space program.Council restored it by taking money from the table games revenue that Brown has been hording.

He's been no friend to conservation, but Northampton County was awarded the Conservation Leadership award anyway. Maria Bentzoni and Bryan Cope, the architects of the County's Open Space Program, were excited to show off the plaque st lat week's Council meeting.

Though these two are probably far more knowledgeable than anyone about the County's open space accomplishments, and could talk about it with enthusiasm and passion. But in a sign of what is wrong with the Brown administration, they were forced to stand and cool their heels while Director of Administration Luis Campos attempted to take credit for their work.

With none of the fire that Bentzoni emits, Campos droned on about the County's remarkable open space achievements, almost making them sound like a bed-time story. He incredibly talked about changes in liocal zoning that made them possible. I'd like to know where he got that idea. But he was accurate about most of what has been achieved.

The County has invested nearly $6 million for 56 municipal park projects; $4.2 million to preserve 1,500 acres of environmentally sensitive land; has preserved nearly 14,000 acres of farmland and has created 23 miles of open, multi-use trail systems.

When Bentzoni and Cope were finally permitted to speak, they credited not just the cutrent Council and Administration, but those that came before them.

We have made great strides and hope to keep going further with your support," stated Bentzoni. .

Let's see how much Brown sets aside for open space this year.

Green Pond Marsh Plans at Planning Commission Tonight

Bethlehem Township's Planning Commission is tonight expected to hear yet another Traditions of America presentation in support of a senior residential development next to Green Pond Marsh. Traditions' principal David Biddison and Green Pond Marsh advocate John Glagola will offer their respective viewpoints.

Glagola waged a write-in campaign for the Democratic nomination to the at-large Commissioner seat currently occupied by Marty Zawarski, and should know this evening whether he has enough votes.Zawarski fended off two challengers and is the Republican nominee.

Judge Joseph Leeson: The Quiet Man

Over three decades ago, a group of recent law school grads traveled to Philly every day, in a broken-down car, to study for the bar exam. That crew included noted child advocate Phil Hof, District Attorney John Morganelli, Superior Court Judge Jack Panella, and now, United States District Judge for the Eastern District of Pennsylvania Joseph "Jay" Leeson. Before a standing-room only crowd at Northampton County's historic Courtroom No. 1, Leeson took the oath on a bible held by his wife Loretta. After being sworn in by Presiding Judge Legrome D. Davis, Leeson put on his black robe for the first time, assisted in the task by his children Maureen, Kathleen, Joseph, Patricia and Robert.

Nominated to the bench by President Barack Obama, Leeson was overwhelmingly confirmed by the United States Senate in December 2014. He was the second Lehigh Valley resident to be so honored last year. Judge Edward Smith was also elevated to the District Court. Judge Smith's chambers are in Easton, while Judge Leeson will preside at the federal courthouse in Allentown.

During a time when partisanship blocking of judicial nominations has become routine, Senators Pat Toomey and Bob Casey have somehow come up with a way to ensure that nominations in Pennsylvania have been successful. In the Eastern District, 21 of 22 authorized judgeships have been filled.

Unlike most federal judges, who have first served as state judges, Judge Leeson practiced law. He represented the Diocese of Allentown, which was obvious by the number of priests in attendance at his investiture. He also served Bethlehem, both as its Solicitor and as a City Council member.

Though comfortable discussing fine points of law in a courtroom, Leeson could also be seen on hot summer nights, sitting on a blanket in the grassy area behind center field at Irons Pigs' home games.

One of Leeson's closest friends, John Morganelli, believes the judge's whole approach, both personally and professionally, is akin to the admonition Franklin Delano Roosevelt once gave about public speaking - "Be sincere, be brief and be seated." Morganelli was asked by a reporter to recall some "colorful" or "fun facts" about Leeson.

"There aren't any," he replied.

His favorite book?

"The Bible?" Morgenlli guessed.

Lehigh County President Judge Carol McGinley agreed with other speakers who praised Leeson's legal acumen and integrity, but added he has the "inscrutable" face, like his father before him, that will make him a perfect judge. "I extol his face," she joked.

Judge McGinley also offered a brief prayer for Leeson. "Lord, give me courage to follow the Constitution and not my heart," she began, but then added pleas that had everyone laughing, like asking that the Congress see the wisdom in keeping family disputes out of federal court. "Please give him cases that are interesting, but not so interesting that they end up on the Drudge Report," she concluded.

Calling Leeson a man of "quiet and excellence," Judge Davis told Leeson, "You distinguish this bench by your presence."

Overwhelmed, Judge Leeson had a difficult time responding to the tributes paid to him. With his voice breaking up, the quiet man responded that he is "filled with gratitude for all that life has offered me and given to me.He concluded that he is honored to participate in "the greatest judicial system in the best country the world will ever see."

Nazareth Police Ass'n Awards $500 Scholarship to Nazareth High School Senior

Earlier this year, Nazareth Borough Council condemned the police association for their annual fundraising letter because it told recipients they could verify the group's legitimacy by contacting the police department.That's actually pretty sound advice. I wish nonprofits and charities would follow this example. What does the police union do with the money raised? Throw a kegger? File another grievance? No, what they do is help the community. It's why most of them became police officers. They've just proved it with a $500 scholarship to a graduating Nazareth Area High School Senior.

This Nazareth Borough Police Association is actually a pretty small group. Its membership is limited to full-time officers Alan Koch (veteran), Fred Lahovski (veteran, lifesaver), Stephen Schleig (Eagle Scout) and Adam Shimer (lifetime resident, Iraq war vet). It is part of the Fraternal Order of Police (FOP).

Nazareth Borough also has a large contingent of part-time officers. They are ineligible for participation in the FOP, and that's just fine with Borough Council because our wise leaders can pay these guys $22 or so per hour to put their lives on the line with no benefits, no pension and no union protection. Some of these are fine officers anyway. Some are not.

Friction has existed between the borough's so-called leaders and its full-time officers for years. Whatever the current bone of contention, whether it's a TV at the station or a fundraising letter, the real problem is that Council detests the union. To make matters worse, civilians with no police training think it's their job to participate in law enforcement. While oversight is a good thing, Council members have actually tried to use police to tip them off about undercover state police operatives at the social clubs. Incredibly, Nazareth's Mayor was until recently the president of a social club with a long history of illegal gambling. Under the Borough Code, he is actually in charge of the police department. That's the last place where someone like him belongs.

While the town fathers made sure they were preening peacocks at the lead of the Memorial Day Parade, Nazareth's full-time police officers are on those streets in the middle of the night, when a burglar alarm is going off.  

Without any fanfare or accolades, these full-timers have been participating in random acts of kindness over the past year. A woman whose car was totaled in a car accident got a replacement, thanks to their efforts. A single mother having trouble making ends meet got a cash donation. And now a young lady who wants to attend West Chester University has received $500 towards her tuition.
   
Nicole M. Boylan is the winner of the Nazareth Borough Police Association's 2015 Scholarship Award. The award is based upon a competitive essay submission from applicants who attend Nazareth Area High School, or residents who attend a private or charter school. The topic of the 2015 essay was, “The three most essential qualities of an American Citizen.”

Boylan, 17 years old, resides in Upper Nazareth Township with her parents, Michael and Chris Boylan. She has just completed her senior year at Nazareth Area High School and achieved a class rank of 13 out of 396. While at Nazareth HS, Ms. Boylan participated in Student Government, Senior Executive Council, Mock Trial, Model United Nations, Girl’s Cross County, Girl’s Track & Field, and Winter Track. She also served as a Blue Eagle Ambassador, Middle School Cross Country Volunteer and Miller Keystone Blood Drive Volunteer. She was named as a Student of the Quarter, Scholar Athlete and to the National Honor Society.

At West Chester University, she plans to major Business Management.

This scholarship is possible through the Nazareth Borough Police Association and the Nazareth Area Community who contributed to that fundraiser.

Nazareth Under Martial Law?

GI Joe

Has the military finally decided to find out who put those "Fire Trachta" stickers on a mailbox? Nah. Despite the ominous look, the uniformed soldiers marching down Main Street were part of Nazareth's annual Memorial Day Parade.

It is a day to honor fallen heroes, but Nazareth Borough Council was at the head of the parade, right behind the American Legion.Nobody clapped for them.

Old war engines rattled down the street, while even older veterans walked along. Scout Troops also participated, along ith the Nazareth Area High School marching band.

Firetrucks made up the rear of this convoy. I thought I saw a few poker machines in the Vigilance Hose trucks, but was distracted because my dog was pissing on some old lady.

She thought it was rain, and I agreed.

Cub Scouts Pack 88

LV Pink Heals was there as well, raising awareness of women's health. The event ended with speeches outside of Borough Hall.

Below is a slideshow of pics from the parade. If you see your children in one of them, and would like a copy, email me at BOHare5948@aol.com.

Just a Common Soldier

You can read the poem here.

Bethlehem City Council Races - The West Side Difference (Updated 4:54 pm)

The latest web updates on the Bethlehem City Council races make clear that the west Bethlehem vote was a huge factor. That vote is what put Michael Colon over the top. Jeff Kocsis did very well there, too.

4 Year

J Willie Reynolds 1918 (NC) plus 777 (LC) = 2695.
Shawn Martell 1619 (NC) plus 634 (LC) = 2253
Michael Colon 1309 (NC) plus 807 (LC) = 2116
Michael D Recchiuti 1480 (NC) plus 618 (LC) = 2098

2 year

Olga Negron 1214 (NC) plus 343 (LC) = 1557
Matt McKernan 805 (NC) plus 268 (LC) = 1073
Jeff Kocsis 663 (NC) plus 529 (LC) = 1192

Executive Ordered to Justify Raises Or Face Legal Action

Battle lines are being drawn. Executive John Brown and Northampton County Council appear to be headed to court over raises that Brown has unilaterally given to what he claims are 14 top county officials. Thus was done without the approval of County Council, the branch of government that sets most wages and salaries under the County's home rule form of government. Under the terms of a resolution that was adopted unanimously at Council's May 21 meeting, Brown must justify these raises or face legal action and a possible surcharge. For his part, Brown condemned Council for its "constant interference" and "political pandering."

This issue first surfaced in early April, when Controller Steve Barron discovered that Brown had given his Deputy Director of Administration, Cathy Allen, a 19% pay hike over the course of his first year in office. Brown and Allen worked together when he was Bangor's Mayor. He had proposed her as his Director of Administration, but Council rejected her.  Under county law, a raise of that magnitude requires approval of County Council to prevent the executive from playing favorites. Brown countered this raise is permissible under the arcane provision of a policy and procedure written by the Executive.

As time went on, it became apparent that raises were being unilaterally handed out to other employees as well. Two weeks ago, it unanimously signaled its intention to nullify an undetermined number of raises that Executive John Brown has handed out to top officials during his first two years in office. The precise number was unknown because Brown refused to provide it.

After that meeting, Brown huddled with county lawyers and Council VP Glenn Geissinger. Though each side insisted it is right, Council Solicitor Phil Lauer reported to Council that Brown did have a reasonable basis for his position and was acting in good faith. Brown released a list of 14 County workers who received raises from him alone. He agreed to resurrect the dormant Personnel Commission so it could review some of these policies and procedures.

When Council convened again on May 21, they voted to go into executive session, i.e. behind closed doors, to discuss the matter. Ken Kraft, Lamont McClure and BobWerner were outvoted when they argued there was reason to meet in secret.

When they came out after nearly an hour, they voted unanimously to direct Brown to provide justification for these increases by June 18. If he fails, Phil Lauer has been directed to sue to have all raises nullified. If he does have to sue, layer has also been directed to seek a surcharge for the $100,000 in public funds expended on these raises.

A surcharge is a rare sanction imposed against public officials who abuse funds.

For his part, Brown was incensed by a remark that Lamont McClure had earlier made to The Morning Call, suggesting that the Executive's actions might be considered criminal. He called that "completely ridiculous," characterizing it as "nothing more than political nonsense that he spews regularly." He admitted that he and Lauer disagree, but neither Lauer nor his own Solicitor is a judge. "We need to drop the 'This is illegal' nonsense,"  he argued, complaining bitterly about "political pandering, name-calling, innuendo and under the breath remarks" at every council meeting. He noted Council is quibbling over $100,000. in an administration that saved $8.5 million in salary and benefits last year without laying people off.

He justified the raises as necessary, noting that most of them went to workers at Gracedale whose departments have "improved dramatically." He claimed that his raises led to a recent clean bill of health given to Gracedale by the state.

"Where was council when health care costs grew at a rate of $1.5 million per year?" he asked. "Where was the heated debate over the shrinking general fund?" he asked, noting that the general fund has shrunk from Council let shrink from $70 million to less than $10 million.

He blasted Council for being "focused on the pennies" instead of the bigger picture. He insisted that, contrary to the image painted by Council, the County is "well run, efficient and highly functional" and that he has a "strategic plan" in place.

Lamont McClure, who was participating in the meeting by phone was unable to respond to Brown because his connection was lost and no one seemed to know how to restore it in a county that brown had just called  "well run, efficient and highly functional. " But Scott Parsons, who had turned beet red as Brown spoke, refuted the executive:

"If you want us to work with you, and I'm willing to work with anybody who wants to move this County forward, you have to be transparent to us and let us help you."

Brown then stated  transparency means different things to different people.

UPDATED: NorCo Exec Lists 17 Awarded Raises Without Council

Executive John Brown has provided Northampton County Council with a list of 17 employees who have received raised from him without their approval. They were granted under a personnel policy deemed unlawful by Council Solicitor Phil Lauer. Altogether, about 54 people have received suspect wages.

Though Brown has provided some information, he apparently is only willing to discuss it in Executive Session.

One of these employees, a purported friend of Assistant Director of Administration Cathy Allen, was hired as a temp and then given a $4,243 raise with no justification. Was this raise as a result of what she knows or who she knows?

This is one of the questions that council will try to answer tonight.

Updated 11 am: Council Solicitor Phil Lauer Reports on Meeting With Administration

Council Members/Linda:

Council President Ferraro has requested that I address this email to you, to summarize what occurred during a meeting among the Executive, his Solicitor, Council-member Geissinger and myself on Thursday, May 14, 2015. The meeting was accomplished at the direction of Council, to address issues relating to the propriety of pay increases unilaterally accomplished by the Executive, as well as the possibility of an amicable resolution of the current increases, and a plan for addressing similar issues in the future.

There remains a difference of opinion between Council and the Executive regarding the Executive's ability to adjust pay levels for higher ranking members of his administration. His position is that, given his obligation to effectively deal with a large number of personnel, the responsibilities and duties of whom change over time, some flexibility is required. Further, to the extent that his personnel costs remain within the overall budgeted amounts, there would appear to be no adverse effect on the budget, or the overall operation of the county government. This is particularly true to the extent that any of the affected personnel are in the exempt status, since the career service regulations do not specifically cover such individuals. The executive further explained that there were reasonable and valid reasons for each of the increases, and he provided us with certain examples. Finally, with regard to the Deputy Director of Administration position, which has received some considerable attention, he is of the opinion that this is an exempt position. In that regard, he provided us with a list of exempt positions prepared by HR, and that list includes the Deputy Director of Administration.

I explained, as I have explained previously to Council, that the Home Rule Charter gives Council the power to establish salaries and wages of all elected officials, officers and employees, and provides for a "pay plan for all positions". With regard to career service personnel, the charter provides a merit personnel system which applies to all career service employees, and explicitly defines how and when increases are to occur. The Career Service Regulations provide for a pay schedule with designated pay grades and steps, and provides for revisions of the pay scale which are to be submitted to Council. The regulations provide that increases in pay are to occur in accordance with the pay plan. Perhaps most important, nowhere is there a provision granting to the Executive the authority to make case-by-case departures from the otherwise applicable regulations. Further, with regard to the office of Deputy Director of Administration, the job description for this position, most recently revised in January 2012, specifically provides that the position is a career service position.

While the respective positions of the Executive and Council are clear, there is, as has been stated by virtually everyone who has examined the issue, some degree of uncertainty as to precisely where responsibility lies for pay adjustments in individual cases. A recent decision by a Northampton County Judge regarding the authority of the District Attorney to make similar adjustments facially appears to support the Executive's position. A careful reading of that opinion does not, in my view, support that position, but the similarities, together with HR's view that at least one of the positions was exempt, have created some confusion.

Our discussion went on for some time. At the conclusion of that meeting there was at least some agreement. Specifically:

1. To the extent that it is relevant, it appears that all parties were actually acting in good faith. The Executive was making adjustments to the compensation for positions whose responsibilities had changed, and he believed, based on the foregoing and the advice of his Solicitor, that he had the right to do so. Accordingly, no contact was made with Council regarding those adjustments. Council's objections to the adjustments are legitimate, and based on a sincere desire to comply with, and enforce, the applicable provisions of the Charter, Code and other relevant law.

2. The Executive agreed to provide to Council a listing of all pay increases and step advancements among county employees for 2014 and 2015, and apologized for the delay in providing that information, which is apparently not a simple process. We were assured that it would be forthcoming promptly. In fact, the County Solicitor provided me with the relevant documentation yesterday, and I have attached a copy of his letter to me, as well as listings of all pay increases and step advancements for 2014 and 2015. It was agreed that Council would be requested to keep at least the identity of the individuals listed on these documents confidential.

3. With regard to any pay increases or step advancements accomplished to date, there were discussions regarding whether, and in what way, remedial action should be taken. To the extent that the Charter or Regulations were violated, there is justification for some such action. There is concern, however, about the legality and fairness of now revoking pay advances, in some cases in effect for almost a year, on which the recipient and family have undoubtedly now come to rely. Given what was at least a misunderstanding of the effect of the applicable regulations, the personal effects which would result from a suspension of the increases, and the real possibility of litigation in response to any such suspensions, the consensus was that no action, in the form of either a suspension of the increase or claim for reimbursement of same, should be taken.

4. Finally, in an effort to generate a clearer understanding of these issues, and prevent a recurrence of any inappropriate future actions with regard to compensation, all agreed that the recently dormant Personnel Commission should be evaluated, reconstituted, and encouraged to take a close look at a number of matters. With regard to its membership, there was some discussion of ensuring that one representative of both the Executive and Counsel should be members of the Commission. Further, the issues which were the subject of the stipulated disposition of the litigation between the Executive and Council in October, 2009, would be submitted to the Personnel Commission. Finally, the Commission, with input from Council and the Executive where relevant, would examine more closely the pay plan to determine whether changes are appropriate.

To the extent that there are questions or concerns regarding the recent meeting, I will be happy to address them, and will respond, as quickly as possible, to any communications by Council.

Phil Lauer

Updated 1:30 pm: 2014/15 Payhikes Authorized by Executive Withour Council Approval:

2014-2015 Pay Increases

17 Magistrate Workers Shortchanged on Raise

Northampton County Council recently approved modest pay increases for NorCo clerical staff. These raises were proposed by Deputy Director of Administration Cathy Allen, who claimed they had been planned since last year. Though this was the Administration's idea, and approved unanimously by Council on April 16, a Bethlehem attorney and former Assistant County Solicitor is reporting that the raises approved are being denied to 17 workers who serve on the front line of our justice system, in the Magisterial District Judge offices.

Attorney Chris Spadoni is reporting that, despite their inclusion in the pay proposal, at least 17 of these technicians have been informed that the approved pay raise will not be honored. This pay raise was supposed to go into effect on April 27. Spadoni has sent several letters to the County's Human Resources Department, and just notified Council Solicitor Phil Lauer about what is going on as well.

So let me get this straight. Brown has awarded raises to at least 17 top county officials. He has done so under some arcane policy manual and without the blessing of County Council. But he is denying raises to 17 other employees that were approved by Council and that he claimed to be his own idea.

Makes sense to me.