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Monday, January 19, 2015

Scomillio Fired Mancini While He Was Driving

NorCo Solicitor Vic Scomillio told Ass't Solicitor Jill Mancini that he was firing her during a cell phone conversation just two days before Christmas. He was driving at the time. On Friday, a jury awarded Mancini $94,000 in damages. Attorney fees will be much higher, and she is entitled to them because her constitutional rights were violate. 

On Saturday. John Brown's propaganda machine attempted to spin this loss as a victory. Kim Plyler of Sahl Comminications issued a news release that she later denied was a news release, in which she glossed over the fact that a jury had found that the County denied an emplyer her constitutional rights. She failed to note that there was a damages award of $94,000, and provided a "statement" by Brown lackey Luis Campos. In this statement, Campos states he can't give a statement. 

Below are some excerpts from Mancini's deposition concerning her termination. Scomillio does not exactly look like judicial material. He lacked the common courtesy to speak to her in person. He chose instead to call her from his car.

Tacky. 

And a violation of procedural due process. 

He also appears to have ignored emails concerning this decision.

As a career service employee, Mancini did file a grievance and had a hearing before the Personnel Appeals Board. The decision there was a 2-2 tie.

The County used an outside law firm to represent it in this matter. I have filed a RTK to determine how much money the county has wasted.

Here's an excerpt of the Mancini deposition.
Q. On December 23rd when Victor Scomillio called you about the elimination of the full-time positions, you were -- at that point you were already aware that that was being proposed, isn't that correct?

A. I was aware, yes.

Q. It was not a shock to you when he told you that his proposal was to eliminate the full-time positions in the solicitor's office?

A. I would say it wasn't a surprise but that was a shock.

Q. What do you recall as to your conversation with Mr. Scomillio?

A. I recall our conversation opened with congratulations to Mr. Scomillio for his appointment, his presentment appointment. He told me that the positions -- that as of January 7 he was eliminating -- the -- the part-timers were gone and he was eliminating the positions, and then the full-timers would be gone and I would be unemployed as of January 7th. So there were -- Victor was on his cell phone in his car. It was very difficult to hear, very difficult to have this kind of conversation. But essentially what happened was at that point when he said to me, I am going to eliminate the positions as of January 7th, you won't be employed, it was clear to me there was a problem with understanding the law. So I decided to ask him, to appeal to humanity. It was two days before Christmas. And there's no time to look for a job. And there was no expectation that I would have to until a few days before he called me. So I asked him if we could delay the end date. And he told me that was not his call. And so I asked him if he would like me to call John Brown or contact him and make that request. And I don't exactly recall what he did say.

Then the next question was, well, how will you eliminate my position because I am a career service -- eliminate -- fire me, there's no just cause, and I am a career service person. And he said, no, you are a career exempt person. I said, no, that is a pay scale. It has nothing to do with protected status. He told me to look at the resolution that created my job and I told him I have. It says nothing about my status, which means I am a career service status. Because unless a resolution says exempt, the position is a career service. Pay grade career exempt has nothing to do with protected status.

Q. Is that what you told him in your conversation or --

A. I did. That's what we discussed. Then there was some discussion about that. And then I said, well, in any case, how can you release me because the position exists? And he said, I am going to eliminate it. I said, well, you can't because that's council's job. So he said he would make a request to council. And I said, well, you will only be -- you are not -- that was another thing too was, how can you make this decision because you are not employed by the county at this time? You are presumptively employed but not yet. So I asked him, you would make that request two days after you have been appointed and approved by council? And there wasn't much discussion about that. Then I said, look, it's just too difficult to have this conversation over the telephone. Why -- when will you be in the office next? And Victor told me, I won't be in the office. And I said, okay, how about if I write you a memo and also make the request for a delayed end date, termination date? And he said, okay. I said, do you have an e-mail? He said, fax me the memo. I said, do you have the fax number? He said, call my secretary. I said, okay, goodbye. And that was it. But I will add this, there was never -- it is a misstatement to say that the reason that I was not offered a part-time position had anything to do with my attitude, because there was never any indication that I was going to be offered a part-time position, either by John Brown at the time he spoke to Karl -- his statement to Karl was that I was not going to be there. And the first thing out of Victor's mouth was, we are eliminating the positions and you will be terminated, effective January 7th.

Q. Did you ever prepare a memo for Mr. Scomillio?

A. No.

Q. Why not?

A. It was clear to me that the decision to eliminate and terminate the full-time assistant solicitors had very little to do with what it was alleged to have to do with; i.e., it was in my mind inconsistent with the law, number one; and number two, was inconsistent with any practical advantage that could be served to the office. So obviously there was another agenda. Why would I invest my time and energy into a useless exercise?

Q. Have you had any discussions with Mr. Scomillio as far as the reasons why he was eliminating the full-time positions?

A. I e-mailed him on two separate occasions and asked for an explanation as to the law and as to any other considerations concerning his decision to eliminate the positions. He never responded to either one.

Q. And do you recall when you sent him the e-mails?

A. Prior to the time that I left. Prior to the 24th of January. As a matter of fact, I think my final request to him was just after he sent the e-mail from the council meeting notifying Mike Alpago, the other full-time assistant, and me that council had approved the elimination of the positions. I sent an e-mail asking him, just as a matter of respect and consideration for somebody who has worked here and worked this hard, would you please be so kind as to give me a legal basis for your -- the authority to do what you are doing and also to give me a description of why you want to do it?

Liberty-Becahi Game a Display of Good Sportsmanship


Liberty and Bethlehem Catholic High Schools have always been bitter rivals. I know plenty of great people who have graduated from Liberty. I can even tolerate the mixed marriages that often occur between these two proud high schools, But as a Beca' grad, I officially hate Liberty High School. I have to or else I'll be excommunicated. Today, however, I must risk my immortal soul. I want to compliment both schools for the great sportsmanship displayed by fans and especially the athletes when the Golden Hawks hosted the Hurricanes on Friday night.

It was a night for anyone who lives in Bethlehem to be proud.

Liberty High School's Boys' Basketball is one of the better Lehigh Valley teams this season. Bethlehem Catholic's is not. While Liberty has been winning with ease, Beca has been hampered by the loss of some Juniors who also play football and decided they needed to concentrate on their school work and the weight room instead of playing a winter sport. The team has lost 18' Andrew Hudak, a junior who transferred to Liberty.

On Friday night, the team was also missing its only Senior and team leader, Freddie Simmons. He was on an official visit to a college in central Florida, although his grandfather came to the game to cheer for the Golden Hawks. No one at Beca would suggest that Freddie skip out on such an important trip. But they would miss him. It is not just his 1,000-point scoring, but his encouragement to younger athletes.

So the pieces were in place for an easy Liberty victory. But nobody told Becahi. They were there to play basketball.

Something strange was happening. Beca's Freshman team had beaten Liberty just the day before. Earlier that afternoon, the JV team went to Liberty and won in their finest performance all season. The Girls' team had also won, although that strong team performed as expected.

The first sign of good sportsmanship occurred when Andrew Hudak was introduced as a starter, I expected Becahi fans to boo. Instead, they applauded. Nobody slammed Hudak for leaving Beca.

During the game itself, Beca's vicious zone defense and aggressiveness made up for their smaller size. The Hurricanes were rattled, and at one point, were down by 12. Chance Neilly and DeAndre Tillett set the tone for Beca, and were everywhere. But it was not to be. With just seconds left, Liberty jumped ahead by two and would go on to win in an exciting game in which everyone was playing their best.

My grandson was one of these players. When he came up to the lobby from the locker room after the gamer, he started to well up after the game. He was bitterly disappointed at the loss. So were Neilly and Tillett. Though they had all excelled, they blamed themselves for their team's loss.

That's usually when I head for the hills.

But someone cheered him up. It wasn't me or his mom. It was Cameron Hoffman, a 27' member of Liberty's varsity squad. He came right up to my grandson and hugged him, That cheered him up. Well, that and a girl who wanted to go to McDonald's with him.

It was not the score that mattered, but the thrill of the game. In the hallway, I saw several Liberty athletes seeking out and speaking to Beca's young men

They were very gracious winners.

This is a time when we read of fights during games and coaches who run up scores. It is a time when players taunt each other. So it was refreshing to see such class from both Liberty and Becahi on Friday night. I was proud of both teams.

Now I have to go to Father Alex for confession.

Saturday, January 17, 2015

Federal Jury Awards $94,000 Against Brown Admin For Improper Firing

A federal jury has awarded $94,000* in damages against Northampton County for violated the due process rights of an Assistant Solicitor who was terminated when Executive John Brown took office. The award came down on Friday, and is in favor of former Assistant Solicitor Jill Mancini. She was the first person to be eliminated when Brown took office.

In addition to filing a claim with the Personell Appeals Board, Mancini sued in federal court.

Brown's propaganda machine, Sahl Communications, is spinning the news in as favorable manner as possible. It has issued several news releases, the most recent of which is as follows:
"In the case between Jill Mancini vs Northampton County Solicitor Victor Scomillio, Northampton County Executive John Brown, and the County of Northampton, the jury found Scomillio and Brown not liable and all allegations against them were dismissed. The jury found the County, Mr. Brown and Mr. Scomillio not liable for any claims of political retailiation [sic] and dismissed those claims. The judge dismissed claims against the County, Executive and Solicitor for allegations of Equal Protection violations.The jury found against Northampton County for a due process issue and awarded damages. The judge has before him motions challenging the presentation of the due process issue to the jury and challenging the award of any damages. The judge has not yet decided those motions. Given that this litigation is still pending in the courts the administration can not comment any further at this time," said Luis Campos, Northampton County's Director of Administration."
Sahl conveniently omits the damages award for due process violations. Amazingly, taxpayers are paying for a publicist to give us only part of the story, instead of the facts. This is propaganda. We are now also paying for news releases in which county officials say they are unable to comment.

We are also paying for political spin involving a candidate for judicial office. Sahl's propaganda is unsettling. When I pointed out the dishonesty, Sahl told me they could remove my name from their list. That's what propaganda people do.
_________

* Attorney fees may also have been awarded against the County. and those may exceed the damages verdict.

Friday, January 16, 2015

President Judge Slams Exec Over Staffing Crisis in Row Offices

President Judge Stephen Baratta has notified NorCo Executive John Brown that his refusal to staff the Civil and Criminal Divisions has reached crisis stage. Things are so bad in the Civil Division that in one instance, a default judgment was incorrectly entered against a litigant because the Court was unaware that the claim was being contested. Judge Baratta has warned brown that his effort to save a few bucks "negatively impacts the public's constitutional right to access to the courts. Court Administrator Jill Cicero warns, "[I]t is only a matter of time until a serious mistake is made due to the working conditions and the lack of appropriate knowledgeable staff."

You can see President Judge Baratta's memo here.

Persistence Pays Off


From age 6, when he first played for Wall to Wall, to age 15, when he plays for Becahi's varsity and JV squads, Dat has always been happiest when he's playing basketball. When he was little, he even took shots in his sleep. Tonight, Dat will be starting for Becahi's Golden Hawks when they host heavily favored Liberty.  You don't need to tell him to give it 100%. He'll do that. But you can wish him luck.

The team will be playing without its only senior and team leader, Freddie Simmons. He's visiting a college in Florida.

Cathy's Cronies

Northampton County Executive John Brown has told Council that he wishes he had ten Cathy Allens. Well, there's only one, but she's doing her best to pack employee rolls with people that are more to her own liking. They're Cathy's cronies.

Let's say a job opens up at the courthouse, and Brown departs from his normal practi ce and actually decides to fill it. Under the County's Administrative Code, that job must first be offered internally.If no one applies, or those who ado apply are unqualified, the County can look to the outside.

At Gracedale, two Housekeeping Supervisors' positions opened up last year. The job was duly posted, the way it was supposed to be. But while some County employees were busy filling out applications, Allen was taking her own outside choice for the job on a tour. In fact, while this job was still posted, Allen's buddy was already taking her physical.

The fix was in.

One applicant for this position, a county employee, had just graduated with a degree in restaurant and hotel management. I'd say he was qualified. But he never hear anything. When he contacted HR, he was told his application had been rejected for failure to include his resume, something he said was included. Other applicants who heard nothing were told they had neglected to attach a cover letter.

The fix was in.

Instead of filling the position with someone who was familiar with the County, Allen picked her pals, defeating the whole point of merit selection.

At the jail, where Allen has removed most of the personnel files and is conducting a major investigation, she's managed to find another crony. A corrections officer snitch. A tea party acolyte, no less. One who has been suspended at least twice.  Allen has voided disciplinary action taken against this tattle tale while she conducts her investigation.

It's one that will no doubt recommend privatizing the jail. That is a recipe for disaster, but is what I would expect from a high school grad who is using her county position to take care of her pals.

Thursday, January 15, 2015

Morganelli: Is It Time For Independent Counsel Statute?

Dueling prosecutors. It has been leaked that Attorney General Kathleen Kane is in a District Attorney's cross-hairs because she leaked Grand Jury information. No one is sure precisely who authorized this investigation, or if there is any legal authority for it. Whoever tattled on Kane has spawned yet another Grand Jury investigation into that leak. A black District Attorney is happily prosecuting cases that Attorney General had panned as racially motivated. Naughty emails that include state prosecutors and a Supreme Court justice suddenly find their way to a Supreme Court Chief Justice. Kane incorrectly hints that some of them include underage children. A judge muzzles the Attorney General from discussing these emails. Things are a mess. part of the reason for that is that Pennsylvania really needs an independent counsel statute. Here's what Northampton County DA John Morganelli has to say.

There is no question that Attorney General Kathleen Kane has made mistakes. Whether those mistakes amount to prosecutable crimes will initially be determined by Montgomery County District Attorney Risa Ferman and, perhaps, ultimately, by a judge or jury. If the Attorney General is found guilty of crimes after receiving due process, so be it. But with that said, right from the outset, there have been legitimate questions raised as to the process that has led to the appointment of a special prosecutor and now, presumably, a presentment by a sitting grand jury in Norristown. Ms. Kane’s attorney, Lanny Davis, recently cited the Doctrine of Separation of Powers as prohibiting a judge from acting in an executive fashion to investigate another branch of government. Mr. Davis has hinted that the appointment of Thomas Carluccio as a special prosecutor is an illegal appointment under the Pennsylvania Constitution and the aforesaid doctrine. Ultimately, that issue may also be litigated. In the meantime, lawyers in Pennsylvania, including many prosecutors and legal scholars, are also privately questioning the legal basis that has led us to where we are. The questions are numerous: Who initiated the request for the Attorney General to be investigated? Were petitions filed? Why are all of the filings sealed? Why is Attorney General Kane allegedly gagged from speaking about anything including information that could aid in her defense? The public has an absolute right to know the answer to these questions when the elected Attorney General is on the ropes.

Former Chief Justice Ronald Castille has stated that the Supreme Court of Pennsylvania has the power to appoint a special prosecutor to look into grand jury leaks. Admittedly, it has not been unusual for the appointment of a special prosecutor to investigate grand jury leaks. What is unusual in this case, however, is the appointment of a special prosecutor by the judicial branch of government to investigate a sitting attorney general elected by the people of Pennsylvania and who is part of the executive branch of government. In addition, the investigation into grand jury leaks normally would result in a report with recommendations. In this case, however, the leaks out of the current grand jury suggest that a presentment rather than a report has been issued. A presentment is more compelling because it is in the nature of a probable cause determination with a direct recommendation to a prosecutor to charge. As such it is much more significant than a grand jury report.

All of these issues raise the question as to whether Pennsylvania should revisit the enactment of an independent counsel statute which existed for a period of five years between 1998 and 2003. Pennsylvania’s law was known as the “Independent Counsel Authorization Act” (18 Pa.C.S.A. §9301) and established a special independent prosecutor’s panel comprised of various judges of the Commonwealth chosen by lot. Authority was placed in the Commonwealth’s General Counsel to appoint a special investigator under certain circumstances. The Act specifically provided for a process to investigate allegations that the Attorney General may have committed a crime. Pennsylvania’s Independent Counsel Act provided a transparent and legislatively approved process to investigate the Attorney General in the event of alleged wrongdoing. The Act spelled out the full authority of an independent counsel. The law also provided legislative oversight. Unfortunately, the law had a five year sunset provision which expired in 2003 without further legislative action.

In light of the current matter involving Attorney General Kane, the Pennsylvania legislature should revisit this. The former statute was a bit cumbersome and probably should be rewritten. Still it achieved its intended purpose - having a transparent, orderly and legislatively legitimate method of investigating any wrong doing alleged on the part of the Attorney General. The enactment of an Independent Counsel Statute would go a long way in assuring a fair and open process in the future, and would eliminate any speculation that powerful people acting in secret behind closed doors can bring down an independent elected Attorney General.

John M. Morganelli is the District Attorney of Northampton County. He is a past president of the Pennsylvania District Attorney’s Association and was the Democratic candidate for Attorney General in 2008.

NorCo DA: Audio-Visuals of Traffic Stops Might Be Public Records

In response to an open records request, Northampton County DA John Morganelli yesterday ruled that Bethlehem Township police must produce the audio-visual record of a traffic stop made near the Southmont Shopping Center. I made this request last November and appealed a denial by Chief Daniel Pancoast, who claimed the record was part of a criminal investigation, and hence exempt from disclosure.

I appealed this denial, both to the State Office of Open Records and to the District Attorney. The reason for the two-pronged appeal was uncertainty over whether the state agency or the District Attorney has jurisdiction. The District Attorney deferred taking action pending a final determination from the state.

On Monday, the state ruled that it lacks jurisdiction, clearing the road for the District Attorney to consider whether the record was exempt from disclosure as part of a criminal investigation.

In a ruling handed down by the District Attorney himself, he concludes that the record must be disclosed. "While in certain circumstances, some or all of audio/visual recording of a traffic stop may constitute a record of a criminal investigation, the circumstances of the instant matter do not demonstrate how the sought recordings in this case are exempt. According to information provided, the respondent's police department made a traffic stop of [redacted]. He was issued a traffic citation. he pleaded guilty and paid a fine. The case is now closed."

Bethlehem Township can, of course, appeal this decision.

Whether I have more to say about this matter depends on what I see and hear when I get my hands on the audio/visual. Until that happens, I will remain silent. I have no desire to hammer someone over a mere traffic stop.

The reason for this post is two-fold. First, I want to establish that, in Northampton County at least, the audio/visual of a completed traffic stop is a public record, so long as there is no other ongoing investigation.. This ruling is consistent with other case law. Second, I need to rebut the false report made elsewhere that incorrectly claimed my records request was denied. It was actually granted, and by the office that has jurisdiction.

Wednesday, January 14, 2015

Philadelphia DA Ordered To Produce Emails That May Expose Kane Feud

The state Office of Open Records has ordered Philadelphia's District Attorney to produce emails that may shed light on the feud between Attorney General Kathleen Kane and various Philadelphia prosecutors. Ryan Bagwell, founder of the Penn State Sunshine Fund, has made the request, seeking emails penned by DA Seth Williams, prosecutor Frank Fina and the appropriately-named Judge Barry Feudale. All three have been highly critical of Kane. Judge Feudale, who was removed from a Grand Jury investigation called at Kane's behest, has told The Patriot News, "She is a politician 'first, second, third and fourth.'"

Kane has previously provided Bagwell with access to Fina's emails during his tenure as a top prosecutor for then Attorney General Tom Corbett.

Bagwell has filed 19 RTK appeals from various state and local agencies.

West Easton's Tricia Mezzacappa, by my count, has filed 44.

Shafer: Bethlehem Tp Redistricting Will Be Effective Next, Not This, Year

Melissa Shafer
Last week, I told you that Bethlehem Township intends to redistrict its wards. It is required to do so by something called the Municipal Re-Apportionment Act. Though iofficials stated there was "some urgency" to the matter, the County has already advised the Township that whatever changes are made will not go into effect until 2016. So if you like your Commissioner, you can keep your Commissioner. Manager Melissa Shafer has prepared a statement concerning the new wards. Let me share it with you.

Due to population changes in the 2010 Census, Bethlehem Township is proposing a redistricting of the four wards. According to the Northampton County Board of Elections, this ward redistricting will not go into effect until AFTER the November 2015 election.

The Bethlehem Township Ward Map from 2003 shows the population variance of the wards from 5,135 people in Ward 2 to 6,816 people in Ward 4. This is a 30% population variance. Per case law surrounding the Pennsylvania Municipal Reapportionment Act, only as much as a 10% deviation is acceptable. Therefore, in December of 2014, a meeting was held with the Township Solicitor, Township Manager, Township Physical Plant & Information Services Director, and Township GIS Consultant. The purpose of this meeting was to more evenly distribute the population among the four wards, making as few changes as possible. The data points available were the population counts per census block and the addresses of the current Commissioners, to make sure that a sitting Commissioner was not moved out of his ward.

The map that the staff presented to the Bethlehem Township Board Commissioners in January 2015 has a new population variance in the wards ranging now from 5,891 in Ward 4 to 5,961 in Ward 3. This is a 1% population variance. An Ordinance adopting the new ward map is being prepared by the solicitor’s office and will be presented for the Commissioners’ review and advertisement consideration at an upcoming Board meeting. Check the Board of Commissioners Meeting Agenda section of the website (http://www.bethlehemtownship.org/commagenda.pdf) for the exact date.

It is important to note that there will be no changes to the ward map for any of the 2015 elections. Once a new ward map is adopted, the Township will notify all property owners whose wards have changed.

If you have any comments or questions about the ward map, please email Township Manager Melissa Shafer at mshafer@bethlehemtownship.org or call 610-814-6400.

Updated 1:15: Bethlehem Township's proposed new map is available online. The "Key adderesses referred to are the addresses of incumbent Commissioners. This presents the question whether it is fair to draw new boundary lines around their addresses.

Zaworski Rules Out NorCo Council Bid

Zaworski (far right) on his first night in office three years ago..

As I told you on Monday, Lamont McClure has decided against seeking re-election to his Northampton County Council District,  During redistricting, Republican Williams Township was added, and Democratic Bath Borough was taken away.  This district did vote for Tom Wolf, a Democrat, in the Governor's race last year. But in all the other contested races, it voted heavily Republican. So with McClure out, who is running?

I know one Democrat considering the race, but he has not decided. I'd imagine that former Council President John Cusick, who distinguished himself as an independent voice during his eight years in office, is considering seeking the seat. But Marty Zaworski, President of Bethlehem Township's Board of Commissioners, is not.

He acknowledged yesterday that he has been approached and is "flattered" to be asked. But he's staying put. "This is the place I grew up," he says of Bethlehem Township. "I want the best for the township and all aspects of life here."

Zawarski, along with Phil Barnard and Tom Nolan, are up for re-election. Fomrer Township Manager Howard Kutzler, along with former Commissioner Art Murphy, are reportedly interested in running.

Tuesday, January 13, 2015

Bethlehem City Council Candidate Can Claim Nut Hut on His Resume

Rob Melosky (left) and Shawn Martell (right)
As most of you know, I'm a miserable bastard who is wrong as often as I am right. A perfect example of how I screw things up is my criticism of former Mayor John Callahan's appointment of Rob Melosky to the Bethlehem Planning Commission. I looked down my nose at this appointment because Melosky was at that time a Nazareth High School football coach. What could he possibly know about planning? I would learn that he knows quite a bit. What impressed me most was his attention to presentations and excellent questions. He turned out to be a pleasant surprise and, to his credit, accepted my apology when I told him I had misjudged him. He takes his role seriously. In fact, Melosky was one of about 35 people who attended the unveiling of the One Lehigh Valley Report at Bethlehem's Southside in November. With him was a young man named Shawn Martell. Yesterday, Martell announced he's running for one of three seats on Bethlehem City Council.

Martell, a Becahi (2003) and Moravian College (2007), has deep Bethlehem roots. For one thing, his great grandparents operated Matz's Confectionary on East Broad Street. Most of us can remember the smell of those roasted peanuts, wafting in the air. As you could probably guess, I always felt right at home in a nut hut.

That alone should get him elected. People in Bethlehem love nuts. Look at City Council.

Martell's dad has dedicated his career to the Bethlehem Boys and Girls' Club, where my son was once a member. Martell's mother has taught at both Donegon and Sacred Heart Schools.

Martell became a teacher at Nazareth High School. American Government. He was also one of Melosky's assistant coaches.

Why is he running? According to his statement,
"Shawn is running on the fundamental premise that all Bethlehem citizens deserve to be heard so as to preserve our shared past and to ensure all benefit from our future. With this in mind, Mr. Martell promises to put Bethlehem citizens first by promoting transparency, smart economic development, safe and livable neighborhoods, and fiscal responsibility."
He seems like a great candidate and one who will continue making Bethlehem the best City n the Lehigh Valley. I will certainly do my best to follow his campaign and, for once, to be fair.

Updated 10:39 am: Martell is a Democrat. As a result of a typo, I listed him as R in my photo. Also, I mistakenly referred to him as Shartell. I apologize for the error.

McClure's District Voted For Wolf

Yesterday, Northampton County Council member Lamont McClure announced that he had decided against seeking re-election. The common perception is that it would be impossible for a Democrat to win that district, especially after Williams Township was added to it. But is this true? Looking at the most recent election there, I'd say Democrats have a shot. Here's why.

1. Democrat Tom Wolf defeated Governor Corbett in this district, 10,282 to 9,720, He won despite heavy tallies for Republicans seeking other seats. This means that, contrary to popular wisdom, some Republicans will split their tickets for the right reason.

2. Bethlehem Township is becoming more blue. Wolf won there, 2,543 to 2,074. Congressman Matt Cartwright also won in six of 13 voting districts.

3. The boroughs are voting Democrat. Wolf won easily in Nazareth, Northampton and North Catty. In fact, State Senate candidate Mark Aurand was able to beat Mario Scavello in Nazareth, though he lost his home township of Lower Nazareth.  

My guess is that Marty Zaworski or John Cusick will seek the Republican nod, and there may be a contested primary.

2015 Important Election Dates

February 17 First day to circulate and file nomination petitions

March 10 Last day to circulate and file nomination petitions

March 11 First day to circulate and file nomination papers

March 25 Last day for withdrawal by candidates who filed nomination petitions

April 20 Last day to REGISTER before the primary

May 12 Last day to apply for a civilian absentee ballot

May 15 Last day for County Board of Elections to receive voted civilian Absentee ballots

May 19 MUNICIPAL PRIMARY

May 20 First day to REGISTER after primary

May 26 Last day for County Board of Elections to receive voted military and overseas absentee ballots (submitted for delivery no later than 11:59 P.M. on May 18)

August 3 Last day to circulate and file nomination papers

August 10 Last day for withdrawal by candidates who filed by nomination papers

August 10 Last day for withdrawal by candidates nominated at the primary

October 5 Last day to REGISTER before the November election

October 27 Last day to apply for a civilian absentee ballot

October 30 Last day for County Boards of Elections to receive voted civilian absentee ballots

November 3 MUNICIPAL ELECTION

November 4 First day to REGISTER after November election

November 10 Last day for County Board of Elections to receive voted military and overseas absentee ballots (submitted for delivery no later than 11:59 P.M. on November 2)

Source: Committee of Seventy

Cathy Allen, Secret Investigator

Northampton County Executive John Brown, who wishes he had ten Cathy Allens, has put the only one he has on a new mission. She's been driving her County-supplied car from one end of the courthouse parking lot to the other so she can investigate goings-on at the jail.

Allen, who has no education or experience in corrections or the law, or any education at all for that matter, has been interrogating employees at the jail over the past several weeks. Maybe she's about to expose a contraband ring.  After all, she solved the scalding water problem at Gracedale, according to Brown. That only cost us $400,000. And she's the one who was investigating gap insurance in July, although the index of emails supplied by the County reveals she did not look into that until he was brought to her attention by a cost control contractor. And not until October.

Maybe she'll learn that the jail is understaffed and someone is going to get hurt or worse unless positions are filled soon.

Monday, January 12, 2015

Lamont McClure Decides Against Re-Election

In what has to be a blow to Northampton County workers, Lamont McClure has just announced he will pass on this year's District Council races. Last year, he was often the sole voice to expose Executive John Brown's many mistakes. But he can count. He knows his district is much more conservative now than it was four years ago. With McClure out, this seat will almost certainly go Republican.

For years, I have spoken out against McClure. Now that I am finally in his corner, he decides against running. Is my support that bad?

From Lamont McClure: "Today I am announcing that I will not be seeking re-election to represent District 3 on the Northampton County Council. Recent personal and professional changes in my life have converged to make the prospect of a year long campaign less than ideal.

"I make this announcement with some regret. My time in county government has been tremendously rewarding. Working for the people of Northampton County, for what will be nearly 10 years at the end of my term in 2015, has been a great joy. Whether it was leading the fight to save Gracedale from being sold to a for-profit corporation, or fighting to keep your property taxes as low as possible, or voting to protect and preserve more farmland, environmentally sensitive areas and open space than any other councilperson in Northampton County history, serving the public in this capacity has thus far been the highlight of my public life. Serving the people in county government has always been my highest and only political ambition.

"This has been a difficult decision. I am concerned that with my departure, County Council will have one less voice to oppose some of the policies that Executive Brown has attempted to bring to our County in his first year as Executive. I am proud to have played a significant role in opposing his government by high paid consultant, illegal budgets and unnecessary tax increases. Only time will tell whether Mr. Brown will have learned from all of the missteps he made in 2014.

"As for the future, I have not ruled out a return to county government. If the Brown Administration continues on its current path, I may once again seek to return to fight for the people of Northampton County as a candidate for County Executive in 2017.

"I wish to thank the voters of District 3 who have twice entrusted me with representing their interests on County Council."

How Was the Morning Commute?

Feel free to tell me whether the roads are safe or icy. I am sitting at home, still debating whether it's wise to drive in this weather. According to the Eastern Pa Weather Authority, "icing could be significant before changing to rain late morning or this afternoon. There is disagreement on how much warm air advects into the mid-levels among the model guidance, and what surface temperatures will be on Monday afternoon. Often times in these situations, the cold air at the surface is stubborn to erode, especially in valley locations. So we expect the worst freezing rain and last to rise above freezing to be in the valley locations today, from the lower Susquehanna Valley to the Lehigh Valley. Watch the thermometer today closely – and be careful if outdoors walking or driving."

Think I'll wait 'till noon before sallying forth.

Why Is Obama a No-Show at Paris Unity Rally?

Though 44 world leaders attended Sunday's Paris march in support of free speech, including Israel's Benjamin Netanyahu, President Barack Obama stayed home. So did Vice President Joe Biden. AG Eric Holder was in Paris, but skipped the rally. Secretary of State John Kerry was MIA as well.

I thought it would be too cold for Obama to golf.

America's best cartoonist, Keep On Truckin's Robert Crumb, did submit a drawing of Mohammed's hairy ass, flies and all, which was published in Liberation. He got his start as an underground cartoonist in the 70's, drawing pretty much the same sort of thing that got 12 people killed in France.

This icon was interviewed by exactly one American reporter. He told The New York Observer, "You don’t have journalists over there anymore, what they have is public relations people. That’s what they have over in America now. Two-hundred and fifty thousand people in public relations. And a dwindling number of actual reporters and journalists."

The public relations people would kill the Mohamed cartoons. Stories here are driven by money, not any desire to tell the truth. That's why The Morning Call is a cheerleader for J.B.Reilly, while The Express times waves the pom poms for its new landlord, developer Mark Mulligan.

Dem Strategist Douglas E. Schoen: "I have been disappointed by President Obama many times during his six years in office, but perhaps never more so than this weekend."

Daily Mail: "Obama told the French on Friday that 'the United States stands with you today, stands with you tomorrow' – but he didn't stand with them in Paris."

CNN: White House official "did not address how other prominent world leaders were able to work around the security requirements."

What Was Appeaser-in Chief Doing During Free Speech Rally?

Watching the football playoffs, silly. Too cold to golf.  The White House has not admitted it was a mistake not to have someone of higher stature at a rally to stand together with our oldest ally. The Atlantic asks, "Isn't that what vice presidents are for, to represent America at solemn foreign events and moments of occasion?"

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Kathleen Kane Tries Karen Dolan Defense

Attorney General Kathleen Kane, Pennsylvania's highest ranking row officer, wields more power inside the state than anyone except the Governor himself. But I love her latest reaction, through a spinmeister, to a Grand Jury's recommendation that she be charged with contempt and perjury. She is using the same defense that I have often heard from Karen, now K. Dierdre Dolan defenders. She's just a poor young woman being railroaded by "bitter and angry" men. Maybe she should quote a little Shakespeare, too.

Philadelphia Daily News columnist Christine Flowers, retorts that it is Kane's "gross incompetence, not misogyny at the root of the attacks."

Time to Ban Local Gov't Gifts

Everyone in the land of midnight payraises claims to be shocked, shocked that two Philadelphia state lawmakers stand accused of accepting illegal gifts. But there's no real enthusiasm to change the status quo. As Republican Senate Majority Leader Jake Corman fatalistically explains, "We can keep changing laws and keep making new laws. If they're going to break them, they're going to break them." So if you're hoping for reform from the second highest paid state legislature in the country ($84,012/year plus $157/day per diem), don't hold your breath. But local governments can follow the example set by Governor Tom Wolf.

While the state legislature looks after its own, to the exclusion of the rest of us, Governor Tom Wolf is imposing an absolute gift ban on his appointees, as well as anyone else working in the executive branch.

Under current state law, legislators can accept whatever they are given, from Super Bowl tickets to summer vacations at the Jersey Shore. The only restriction is that gifts worth more than $250 must be reported. If it's for airline tickets or a hotel room, the limit is set at $650.

You can still take the gift. You just have to report it.  Thus State Representative Mike Schlossberg, who also claims to be an author and social media consultant, took $1,389 from Planned Parenthood for transportation and lodging, but reports no other gifts.

Of course that's nonsense. Schlossberg, along with most Lehigh Valley elected officials, are regularly comped at numerous events for the pretty people, from baseball tickets to the hockey arena Musikfest.  One of my Facebook friends, himself a former Bethlehem City official, explains.
This kind of stuff goes on all of the time and it's wrong. The favor of public officials is constantly being curried with tickets, travel, meals, parties and all sorts of other 'gifts' from those with a financial or policy interest in having public officials as their 'friends.' In the City of Bethlehem top ranking officials regularly receive tickets and other benefits from city vendors. Why? It's human nature to reward kindness with kindness. One can only imagine the stakes at higher levels of government. It may be legal to accept 'gifts' up to a certain value, but it sure isn't ethical.
Former reformer and now State Rep. Russ Diamond used to condemn this legal extortion. Now that he's in office, it's just fine.

The Daily News' John Baer sums up. what is needed in Harrisburg.
Ban gifts. Stop taking annual automatic raises. Start paying more than 1 percent of salary for health-care coverage. Give up legislative slush funds. And stop taking expense money without receipts. (Who else does that?)
It's actually needed everywhere. Our state legislative leaders are better known for serving time in prison than ethical reform,. So just as Governor Wolf is doing what he can to shame the legislature, I'd suggest that it's time for local government to adopt their own ethical reforms. Nothing prevents a County or City Council from adopting an ordinance barring any elected or appointed official in that government from accepting gifts of any sort, and imposing fines and disciplinary actions for transgressions. And there is no justification  at all for the medical benefits paid for part-time members of Easton and Bethlehem City Council

I have two requests from you. One, what ethical reforms do you believe should be imposed on local government officials. Two, can you provide actual examples of elected officials being comped with sports tickets, vacations or meals?