Commonwealth Ct Rules Undated MIBs Must Be Counted So Long As Received by Election Day

By a 4-1 vote, Pennsylvania's Commonwealth Court ruled on Friday afternoon that mail-in ballot voters who neglect to date the envelope containing their ballot will still that vote counted so long as it is returned on or before election day. The court reached this conclusion despite a state law specifically requiring that the return envelope be dated. Because the state could offer no compelling reason to justify such a requirement, the court ruled that portion of the law concerning mail-in ballots is unconstitutional. 

You can ready the court's lengthy, 91-page opinion, written by a Judge Ellen Ceisler, here. 

A dissenting opinion by Judge Patricia McCullough, consisting of 56 pages, is located here. 

The court's ruling, if it remains in effect until November, will definitely help Democrats, who cast nearly 65% of the mail-in ballots. Missing dates on the return envelope have invalidated a large number of these votes. 

But that's a big if, especially since the Pa. Supremes already have ruled once on this question, and their conclusion was that dates were necessary. 

Although my heart is with the Commonwealth Court majority and in favor of counting undated ballots so long as they are received on or before election day. 

But McCullough is definitely a better writer. I love the stinging sarcasm of her dissent, especially this paragraph:

"The members of the Majority have discarded their judicial robes and donned legislative hats to re-write both the Free and Equal Elections Clause and Act 77, all so that they might invalidate the simplest and perhaps least burdensome of all ballot-casting requirements. Today the Majority says that requiring the date on the voter declaration on a mail-in or absentee ballot envelope is subject to strict judicial scrutiny and cannot be enforced because doing so unconstitutionally denies the voting Franchise altogether. I must wonder whether walking into a polling place, signing your name, licking an envelope, or going to the mailbox can now withstand the Majority’s newly minted standard. Of course, those everyday ballot-casting requirements are all more burdensome and prohibitive than the voter declaration requirements, but they implicitly remain part of the Election Code. For now."

In Case You Think Unions Are Unnecessary

"If we must grind up human flesh and bone in the industrial machine that we call modern America, then before God, I assert that those who consume the coal, and you and I who benefit from that service because we live in comfort, we owe protection to those men first, and we owe the security for their family if they die. I say it, I voice it, I proclaim it, and I care not who in heaven or hell opposes it!" - John L. Lewis (1947)

(First published here in 2019.)

Kamala Harris Looks Presidential in CNN Interview

Last night, Kamala Harris sat down for an interview with CNN's Dana Bush. I think it was a mistake for her to be joined by running mate Tim Walz because it is she, and not he, who is the lead candidate. She's come under criticism for failing to do interviews before this, but in her defense, she's had very little time to orchestrate a national campaign.

My overall conclusion is that she helped herself and may have won over some undecideds. She looked Presidential. Donald Trump, in contrast, looks rather small. ... And weird. 

LehighValleyNews Has Interesting Series on LV's Warehouse Boom

LehighValleyNews has an interesting, 5-part series on the warehousing boom in the Lehigh Valley. Although we all (myself included) love to order online, few of us are happy with the increased truck traffic, traffic congestion and loss of farmland that big boxes bring. And with laws that favor developers and development, local municipalities have had a difficult time stopping them.

As noted in this series, one thing municipalities can do is develop a multi-municipal plan. That's one way to restrict warehousing to one of the participating jurisdictions, hopefully one close to a major highway. Another benefit is that a participating jurisdiction can impose impact fees for the damage done to local roads caused by large trucks moving to and from a warehouse. 

Efforts in Harrisburg to slow these product depots appear likely to fail, especially when the person proposing changes (Mike Scholssberg) considers them "a net positive." 

But is it too late? Last year alone, NorCo approved 316,000 sq ft of industrial development, but over 2.6 million sq ft for warehouses. Lehigh County only approved 9,000 sq ft in warehouse development in 2023. But it approved well over 1 million sq ft of boxes in each of the preceding four years. 

NYTimes: Where LV Jobs Have Grown and Declined Since Pandemic

Based on information obtained from the Bureau of Labor Statistics, the New York Times has been able to tell us where jobs have grown and where they've declined since the pandemic in 2019. Over the past four years, 19 million jobs have been added, mostly in the sun belt states. Pennsylvania and other "blue wall" states, however, still are paying catch up. In 51 of Pa.'s 67 counties, the state has lost jobs between 2019 and 2023. 

Lehigh and Northampton Counties are among those who've added jobs. 

Between 2019 and 2023, Lehigh County gained 3,771 jobs, a modest increase of 1.9%. 

The biggest gains are in health, education and transportation, 

Between 2019 and 2023, NorCo added 2,548 jobs, an increase of 2.1% Unlike Lehigh, NorCo has seen a spike in both construction and manufacturing jobs. Like Lehigh, it has lost a lot of finance jobs. 

UPDATED: NorCo Judges - Above the Law (or Lousy Journalist)?

The D-Day Bank Massacre presents this harsh, but all-too-accurate, assessment of judges.

"If anyone tries to tell you that judges are apolitical, tell them to call me. In my 26 years as a practicing lawyer, I have learned that judges are probably the most political animals in the political and legal jungle. Not all of them, of course. But many come to their positions with the same prejudices and bias that we all have from our life experience. The donning of the black robe allows them to hide behind the law while forming their own ideas of how things should be."

The author of that book is John Morganelli, who now sits on the bench himself.  In my view, many judges do more than hide behind the law. They actually exalt themselves above it. An example of this comes from President Judge Craig Dally's decision to hire a private security firm to assume the role of youth care workers at the Juvenile Justice Center. He did so without first submitting the contract to the Executive, as required by the Home Rule Charter. (Section 302 (4)).

I learned yesterday that these "temporary" workers are performing the exact same functions at the youth care workers who are there and are paid $4 per hour more. No effort has been made to reach an agreement with the AFSCME union that represents these youth care workers. On its face, this is union busting, an unfair labor practice. This could explain why the President Judge chose to ignore the express mandate of the Home Rule Charter. Human Relations would no doubt blow a whistle. Judges apparently think they can ignore our county constitution because they think they are above it. Let me give you another example. 

Under the express terms of our Home Rule Charter (Section 909). the county must provide "personnel services, supplies, facilities, and financial support to the Court and the minor judiciary," and " upon such reasonable terms and conditions as the County Council deems appropriate." The County Exec and County Council, not the Courts, are vested with the power to delineate the "procedures for purchasing goods and services ... ." (Section 901(3)). Basically, the Executive and County Council have the responsibility to make sure the court has what it needs to operate. But the court itself has no such power. 

As part of this mandate, the county has been replacing the carpeting for the judges on an annual rotating basis in each of the judges' chambers. In doing so, the county uses prequalified vendors who have been approved by the state to ensure good quality at a reasonable price. 

Apparently, this was too slow for one of the judges, who wanted his carpeting replaced now, even though he is retiring at the end of next year. So court administration went out and took it upon itself to order the carpeting at God knows what expense because it went outside the state approved vendors. What's worse, it hired outside contractors to lay the carpeting. Even worse than that, it opened up a secure side door for the contractors to come into and out of the sanctum sanctorum that is supposed to be reserved for judges and judges alone. 

This type of behavior just drips with judicial arrogance. I'd be tempted to lock the side doors to one and all, including the judges. But this happened on a Friday, when only one judge was even at the courthouse. 

Updated: 9:35 am: Before publishing this story, I should have contacted court administration. That was poor journalism on my part. This morning, Court Administrator Jermaine Greene contacted me. There is another side to this story, which I should have sought.

Greene disputes the county's claim that it is replacing judges' carpeting on an annual rotating basis. In fact, he said the last time a judge's carpeting was replaced was when John Morganelli was coronated as a judge in 2020. He said he had been requesting the county to replace the carpeting for one of the judge's chambers for the past three years. Nothing happened. So he had the carpeting replaced himself.

Greene goes on to say that he did seek three bids for the carpeting and went with the lowest bid, which was lower than the vendor who replaced the Executive's carpeting.

He also went on to tell me he has been seeking new carpeting for the jury lounge, which is where prospective jurors wait to be called into a courtroom. He indicates those requests have not been answered.

Under the Home Rule Charter, the county does have an obligation to meet the "reasonable needs" of the courts, and I'd agree that replacing a filthy carpet is reasonable.

Greene acknowledges that he did allow the contractors to enter the courthouse through a side door reserved for judges exclusively. He said that won't happen again and was a mistake on his part. 

So are the judges above the law? Or am I a lousy journalist? Perhaps a little of both.

Disgraced Former Washington Tp Police Chief Is Operations Manager For Private Security Firm at NorCo's Juvenile Justice Center

Readers and friends often ask me why I accept anonymous comments. I agree that people hiding behind a veil can be nasty, much like Danglers in The Count of Monte Cristo. But there are times when I learn things from my nameless contributors. So it was yesterday in my story about the courts' decision to take it upon itself to provide private security for juveniles housed at the Juvenile Justice Center and pay them $344,000 of your money over just the first six months of this year. I was told that Scott Miller, who was compelled to resign in disgrace as Washington Tp's police chief, is working there. Sure enough, Miller's LinkedIn page shows that he is "Operations Consulting Manager" for Corporate Protective Services, the firm that the courts use to detain our children. 

On his LinkedIn page, Miller uploaded the video you say above, which I'd call just a tad bit of overkill for an outfit charged with security for children

Miller was involved in a one-vehicle crash on January 6 at Michael Drosnock's home along Kessersville Rd in Plainfield Township. Prior to this accident, he had been at a sports bar for eight hours. Though he was "mush-mouthed" and one officer could smell alcohol, he was never tested or charged. Once DA Terry Houck was made familiar with the circumstances, Miller was charged with two road violations. Unfortunately, because of the delay before filing charges. the case was dismissed

His employment as Washington Township's Police Chief ended with his resignation in 2020.  Supervisors approved a settlement agreement under which he was paid $15,000 (3 months pay) to go away. "This Agreement lets us put this unfortunate matter behind us and focus on making this Township the best it can be," states the Resolution.

I wrote numerous stories about Miller's one-vehicle crash (see links below).

In a letter to Executive Lamont McClure, President Praetor Craig Dally told one and all that the staff at Corporate Protective undergoes "rigorous vetting", but I'm calling bullshit. I have no doubt that Judge Dally sincerely believes this and has been assured of it, but there is no way that temporary workers, who may themselves be experiencing high turnover at lower wages than youth care workers, are getting the proper training. Not with Scott Miller.   

And why is the barber from Monroe County, where Greene happens to live? Don't we have barbers here? This is all beginning to emit a mephitic odor. 

Unlike public employees, who are subject to Right-to-Know, these glorified security guards are employed by a private company, so we have no way of knowing if there are any red flags.

With Scott Miller, there are several. 

Unfortunately, the judicial arrogance that resulted in this no-bid contract that was never submitted to the Executive in violation of the Home Rule Charter, is on display in another matter as well. I'll tell you about that on Wednesday.

At one time, Northampton County's bench was highly regarded by lawyers and litigants for the courtesy and respect that judges showed. That has changed. 

My previous stories:

DA Files Summary Charges Washington Tp Police Chief For Failure To Notify Homeowner of Accident

Washington Tp Police Chief Rolls Truck ... and Leaves Scene

Washington Police Chief Who Hit Home Failed To Notify Owner

DA Opens Investigation Into Police Chief's Crash

DA Files Summary Charges Washington Tp Police Chief For Failure To Notify Homeowner of Accident

Washington Tp Top Cop Suspended Without Pay

Suspended Washington Tp Police Chief on Patrol in Roseto (After this story published, he was suspended there, too.)

LVNewsBrief: PBS39 Has $8.66 Million Deficit in 2023

Jeff Ward's LVNewsBriefs reports that Lehigh Valley Public Media (PBS39) has a $8.66 million deficit in 2023. "LVPM spent $15.15 million in fiscal 2023 while taking in only $6.49 million. That works out to revenue less expenses of negative $8.66 million. In short, this Bethlehem-based outfit spent almost $1,000 more per hour — PER HOUR — than it took in. Impressive, and yet awful."

How does it plan to turn things around? By hiring a "transformation officer," lol. 

NorCo Judges Have Spent $344k in Public Funds For Private Security at Juvenile Justice Center

Since the beginning of this year, and without the blessing of either the Executive or County Council, Northampton County's bench has taken it upon itself to pay $344,286.36 of your money to provide private security at the Juvenile Justice Center.  Instead of using trained youth care workers with at least 60 college credits in social or behavioral sciences, the judges are manning the juvenile justice center with glorified security guards with a Corporate Protective Services, a for-profit company. Moreover, it appears that President Judge Craig Dally never submitted the written contract to the Executive for his signature, which violates the express language of the county's Home Rule Charter (Section 302(4)). 

Private security at a prison (and the juvenile justice center is precisely that), a rarity in Pennsylvania, have come under criticism because they "do not offer the high security required for particular inmates and often fail to follow the rules. Furthermore, there have been incidences of ignoring the inmates' health needs." Companies that offer these services are motivate by profit instead of the well-being of the persons in their care. This is especially disconcerting in a youth setting. 

President Judge Craig Dally complains that the Executive is attempting "to control how the Court spends its budget." He adds that Corporate Protective Services is "invaluable to the Court" and "highly specialized." While I'm sure that this private security firm enables the court to place more children in the facility and accept more out-of-county juveniles, I'm unpersuaded that the security guards on duty have any particular understanding or the necessary training spelled out in detail by the Department of Public Welfare. Judge Dally asserts that they do, but I find it difficult to believe that what his own court administration calls "temporary workers." Finally, he contends that these night watchmen perform "professional services" and are thus exempt from the Home Rule Charter requirement that the exec sign the contract. That argument is invalid for two reasons. First, the Home Rule Charter trumps any legislation to the contrary. Second, it's a real stretch to argue that unlicensed bouncers, who also cover concerts and guard warehouses, are professionals. 

Aside from the plain language of the Home Rule Charter, it's really difficult to justify a no-bid contract to an outfit that could expose a self-insured county to significant liability if one of these glorified security guards begins to abuse the children in his or her care. That's something that could exceed both the budget for the court and the county. 

My final concern is that hiring a private outfit to perform the same duties as a unionized youth care worker is union busting, pure and simple. 

The court is definitely an independent branch of government and is entitled to great deference in its management decisions. But its decision to violate the Home Rule Charter and open the county up to liability for abuse by a temp or for an unfair labor practice seems more likely to compromise that independence than assure it.  

Below you will see letters from the Executive, President Judge and Director of Fiscal Affairs concerning this matter.   

Exec Letter to PJ Re Corporate Protective Service by BernieOHare on Scribd

Letter From PJ to Exec Re Corporate Protective Services by BernieOHare on Scribd

Letter From Fiscal Director to PJ Re Corporate Protective Services by BernieOHare on Scribd

Project 2025 Explained by SNL's Kenan Thompson

You can read Project 25 here. As summarized by the Kamala Harris campaign, it does the following: (1) Donald Trump and his MAGA allies plan to reward political violence, prosecute political opponents, and pardon January 6 insurrectionists; (2) Trump and his allies are planning a massive expansion of presidential power, with plans to restructure the government and concentrate power in Trump’s hands. (3) Donald Trump brags about abortion bans across the country – what’s next is even worse; and (4) Trump is promising to cut Social Security and terminate the Affordable Care Act to fund tax giveaways to his billionaire buddies and lower taxes on big corporations in a second term.

Trump is now trying to distance himself from the plan to centralize power in the executive branch. I don't believe him because he routinely lies. 

What I like and Dislike About the DNC Convention

I don't know how many of you have been watching the DNC National Convention, but on the basis of the numerous off-topic comments I've received that blast Democrats and Kamala Harris, I'm concluding that the audience includes a large number of Trump cultists whose heads are exploding. There have been a number of powerful speeches, but K believe the headliners should be speaking closer at 9 pm, not 11'30 pm. Right now, I'm listening to Oprah talk, but the person we really need to hear from tonight is Tim Walz, and before 11 pm. 

Joe Biden: "“Nowhere else in the world could a kid with a stutter and modest beginnings in Scranton, Pennsylvania, and Claymont, Delaware, grow up to sit behind the Resolute Desk in the Oval Office.”

Michelle Obama: "“For years, Donald Trump did everything in his power to try to make people fear us. See, his limited, narrow view of the world made him feel threatened by the existence of two hardworking, highly educated, successful people who happen to be Black”

"Who’s going to tell him that the job he’s currently seeking might just be one of those ‘Black jobs’?”

Barack Obama: ""Here's a 78-year-old billionaire who hasn’t stopped whining about his problems since he rode down his golden escalator nine years ago. It’s been a constant stream of gripes and grievances that’s actually gotten worse now that he’s afraid of losing to Kamala."

How is NorCo Addressing Climate Change?

"Climate change" is commonly thought of as global warming brought about by our reliance on fossil fuels and wasteful agricultural and industrial practices. But more accurately, it's the term used to describe long-term shifts in weather pattens. Some of this has nothing to do with us. Some of it does. Ironically, the current global warming might actually throw us into an ice age, and sooner than you think. Some scientists predict that the gulf stream is about to collapse as a result of melting glaciers, and if that happens, temperatures here in North America will drop dramatically. There's little doubt that this "busy monster, manunkind" is the culprit. We like to play with "the bigness of our littleness." But what is our littleness doing in NorCo to combat climate change? Does it really matter? 

At last week's Energy Committee Meeting, Executive Lamont McClure outlined some of the small steps the county is taking.

1) Invested $9 million, with a $13 million local match, to preserve 3,599 acres of open space and environmentally sensitive land. 

2) Invested $11,744,162, with a $23 million local match, for livable landscape grants that include municipal parks, ecological restoration, trail parks, park recreation, open space plans.

3) Invested $4,642,862 with a local match of $1 million, to preserve 622 acres of environmentally sensitive land.

4) 256 farms preserved, with 22 easements in progress. 

5) Solar panels on the new forensic center.

6) Working on a project to bring hydroelectric power from the canal.

7) Plans to install solar panels on new county buildings.

8) Charging stations planned for parking lot. 

What The Hell is Going On at PBS39?

In the entry below, I tell you about Jeff Ward's entry into the blogosphere with LVNewsBriefs. He has a fascinating series (two parts so far) about what certainly appears to be a mess at PBS39. Though it sits on an $80 million endowment, which invested at 6% would yield $5 million a year. Despite this, it is suffering revenue shortfalls and has reduced staff from 80 to 60. It is, of course, seeking handouts from the federal and state government. It even has its hand in Easton's pocket for $10,000. As Jeff observes, "Easton needs it more than a TV station/news outlet/public radio operation does.

Let's Welcome LVNewsBriefs, a News Blog Written By An Actual Journalist

I first got to know Jeff Ward when he covered NorCo for WFMZ-TV69. He's one of the many reasons why that station still manages to provide excellent coverage of at least the cities and county government. Jeff recently retired from WFMZ, but as he puts it himself, he's "not the retiring type." And that's good because we all will be able to benefit from his new news blog, LVNewsBriefs. 

The title is apt as, unlike me, he's learned the art of being succinct. "Stories here will be brief and get to the #$%#$ point," he says.

Even better, he's an actual journalist. He spent 23 years at Bloomberg, 5 at WFMZ, and older readers might remember his bylines from the former Bethlehem Globe Times. 

Did you know that PBS39 is undergoing a "transformation" (its word for layoffs) and has cut its staff from 80 to 60? You can read about it here. 

How about a Lehigh Valley company - Shift4 - that saw a stock rise of 12% over the past week? You can check that here, and if you have $ to invest, the ticker symbol is FOUR. 

How about Bethlehem's plan to replace a 2- million-gallon-drinking-water reservoir? He even has a blurb about that, and he's just getting started. 

His blog does allow comments and he himself does sally forth with an occasional opinion. 

I am delighted to see this happen and hope it helps keep you informed. I have added his site to my bloglist, which is available on the PC (personal computer, not politically correct) version of this blog. 

Vargo-Heffner Is Acting More Like a Queen Than Council President

As I mentioned in another post today, I can be highly critical of Northampton County Council members. This includes newly elected member Jeff Warren, whose mawkish behavior just drips with saccharine. But he was absolutely correct in a complaint he made at last week's Thursday night meeting. As a Council member, and under the express provisions of the Home Rule Charter (Section 604), he has an absolute right to introduce a resolution. Although consideration can be delayed so that the requirements of the Sunshine Act are met, it must be considered by the body. The Council President has no authority, especially on her own initiative, to indefinitely delay consideration. Yet that's precisely what Lori Vargo Heffner, Council's President, has done. 

Here's her explanation for refusing to place this matter on the agenda for two meetings in a row. "When you brought it up two weeks ago, I stated that I had questions for the administration, and that when I got to have that conversation and got those questions answered, then I would put it on the agenda and not before." She went on to say there was a "back story." 

That "back story", whatever it is, needs the spotlight of a public meeting. 

She has no right, as Council President, to arbitrarily decide to push this off until her questions are answered behind closed doors. This is why we have a Sunshine Act. This is why we have public meetings. 

Vargo-Heffner's refusal to honor the wishes of a duly elected Council member betrays a complete misunderstanding of both her role and the Home Rule Charter. 

In April, Council member Ken Kraft told her, "You're the Queen and we're just your servants." 

She has proved him right. 

Have I Been Cursed by NorCo Council Members?

Last week, I was highly critical of NorCo Council member Kelly Keegan's refusal to go agree with a salary for a new assistant DA, even though it is below the starting wage of an assistant public defender. It is my view that, as one of Executive Lamont McClure's rubber stamps, she represents his desire to keep wages ridiculously low instead of paying people what they are worth. I also insulted one of McClure's opponents on Council, not on this blog, but in a number of text exchanges in which I accused this person of being both illogical and having some irrational fear of gay people. I was feeling pretty good about myself for being such an asshole but paid the price. I think those bastards cursed me or got a voodoo doll and began sticking pins in it. On Thursday, nearing the end of a long bike ride in Bethlehem, I had a nasty spill while navigating through railroad tracks at a small bridge near Conestoga Street in Bethlehem. It hit them at a bad angle and my tire wedged between the track and the new rubberized rail sides. I went down hard, and now I have road rash pretty on my left arm, left leg and a bruised left hip and shoulder.   

According to New Scientist, one-third of cyclists over 65 are good for one spill each year. This is my third.  On the first two falls, I injured my left side. Now I have matching road rash and bruises on my right side as well.  

When I fall, I usually lie there for a few minutes and try to assess whether anything is broken. Then it takes another few minutes to get up and another few minutes to walk around and see if I can hop back on. I was doing that on Thursday when it suddenly dawned on me that a railroad track with rubberized sides is almost certainly an active line. With that realization, I suddenly became very nimble.

Yesterday, I was back on the bike. It was muggy but there were no clouds. Once I was about 10m miles away, the skies opened up and thunder began cracking. Once I made it home. it stopped. 

It's been a rough summer, but I'm finally beginning to understand why. 

Lehigh Valley Planning Comm'n Seeks $1.15 Million From NorCo in 2025

In the story below this one, I told you that NorCo Exec Lamont McClure is cheap. I don't see him run around turning off lights the way John Stoffa did when he was at the helm, but he's still as miserly as any Republican. So when he told County Council last night that Lehigh Valley Planning Comm'n (LVPC) is seeking an 81% increase for next year, he burst out laughing. 

LVPC wants $1.15 million from the county in 2025. McClure noted this planning agency has $4 million in reserves, which amounts to 9-12 months of their operating expenses.  He made clear that this request is DOA. Although Council could fund this request, he said they'd need six votes because he would veto it. 

He said he would support an increase in line with the consumer price index. 

Kelly Keegan Votes No to Paying Starting DA the Same Salary as a Starting PD

Yesterday, I told you that NorCo DA Steve Baratta announced has hired Frank Donchez, Bethlehem's former Police Comm'r, as an assistant prosecutor. He said Donchez's background in law enforcement and as a practicing attorney made him a worthy choice. Although he was hiring an assistant DA to an existing position, he sought a three-step upgrade for Donchez from $67,828 to $77,403. Under the Administrative Code, a three-step upgrade requires County Council approval. Last night, he got it. Council voted 8-1 in favor of the upgrade, with Kelly Keegan casting the lone No vote. 

Yesterday, I accused her of taking her cues from Executive Lamont McClure. I say this because she has been a reliable rubber stamp for him since being sworn into office.  And McClure, to be blunt, is cheap. He does not like paying people who work for the county a lot of money. Ask any union member. Ask any career service worker, Hell, ask anyone who works for the county. He even opposes much-needed pay increases to his own position. 

My accusation angered Keegan, who posted a comment here, ripping me, and followed that up with a claim at last night's meeting that this is a "drama blog." 

Actually, this blog focuses mostly on Lehigh Valley and Northampton County government, making it more of a comedy blog. Bad comedy, yes, but there it is. 

Keegan then proceeded to complain about the $10,000 payhike as well as a pension that is earned after five years, as though she were the Judy of Punch and Judy, with Lamont McClure pulling the marionette strings from above. She also argued that since she had to start as a new hire when she moved from Allentown to Easton School District, everyone should. 

Later that night, she voted to hire Aline Shafnisky as Council Clerk at a salary well above what she earned as a Deputy. 

Her own thinking is inconsistent, which is what happens when people vote as they're told instead of on the basis of what they believe. 

She's choosing to ignore the real difficulty that District Attorneys across the state and country have had in attracting new talent. She also ignored a point Baratta made for two days in a row - Donchez' salary would still be below the starting salary of an assistant public defender. "I'm asking for a salary that's competitive with what we pay our brand-new PDs," he said last night. Public defenders have a duty to represent indigent defendants, while prosecutors protect the community. That's why they represent "the Commonwealth." 

Council member John Goffredo agreed with Baratta. "I don't know why we are not allowing the guy that got elected to run the office the way he sees fit. If you think this is going to help, I would love to be in support of it. 

There was no other discussion, and Keegan found herself alone in voting No. Even Jeff Warren, the Punch to the usual Punch and Judy routine, voted Yes. 

UPDATED: NorCo Council to Consider "Period Poverty" Ordinance Tonight

Northampton County Council will consider what is known as a "period poverty" ordinance at tonight's meeting. It calls for free sanitation products in all Northampton County restrooms excepting those with no running water. 

The term "sanitation products" is defined to include soap, toilet paper, menstrual pads and tampons. 

Period poverty was the subject of an op-ed by Council members Jeff Warren and Kelly Keegan in May. 

On Monday, Montgomery County announced a similar measure under which free tampons and menstrual pads will be made available at all county-owned facilities. 

According to UNwomen.org, 1 of 4 teens and 1 of 3 adults struggle to afford menstrual products, especially among those of color or who are economically disadvantaged. 

Because this is an ordinance, it is binding on the Executive and future county councils. The Executive could veto this ordinance, but it could be overridden by six votes from Council. Future Councils would require a separate ordinance to repeal this measure, if enacted. 

This resolution, like many council resolutions, has no teeth. The county executive can ignore or embrace it. To make this binding on the Exec and future councils, an ordinance would be required. 

7:30 am update: In my original report, I misread the ordinance as a resolution, , and have now corrected my error. 

Baratta Taps Bethlehem's Former Police Comm'r as NorCo Prosecutor

During a brief committee meeting of Northampton County Council yesterday afternoon, DA Steve Baratta announced that he has hired Frank Donchez, Bethlehem's former Police Comm'r, as an assistant prosecutor. 

Donchez, a 2001 graduate of Temple Law, served on Bethlehem's police department for 25 years (1985-2006). He practiced law in Bethlehem for six years before serving stints as police chief in Davenport, Ia (2008-2014) and Overland Park, Ka. 9 years). He is also a licensed pilot. 

Because he was hiring an assistant DA to an existing position, Baratta was a bit confused about why he was in front of council. Apparently, the reason is because the position involves a three-step upgrade from $67,828 to $77,403. Under the Administrative Code, a three-step upgrade requires County Council approval. 

Council member Kelly Keegan, obviously taking her cues from Executive Lamont McClure, questioned the need for a $10,000 3-sstep increase. The answer to that question should be just as obvious. Donchez is an experienced attorney with decades of experience as a police officer and as a chief.  

Keegan also complained that Donchez would be eligible for a pension after five years. 

Baratta noted that Donchez' salary would still be below the starting salary of an assistant public defender.