Dallas City News

Luzerne County’s Government Study Commission agreed 11 county council members is too many.

While the other commission members cited a preference for seven or five during Thursday’s meeting, commission Chairman Tim McGinley said he believes the panel should consider recommending nine council members.

McGinley said there must be enough members to provide adequate representation in a county of this size and population.

Authorized by county April 23 primary election voters, the seven-citizen commission will have nine months to report findings and recommendations and another nine months if it is opting to prepare and submit changes to the county home rule charter that took effect in 2012. An extra two months is allowable if the commission is recommending electing council by district instead of at large.

Voters must ultimately approve any commission recommendation for it to take effect.

At-large vs. districts

Commission members presented mixed views on districts.

Mark Shaffer said he has a lot of concerns about districts, including how boundary lines could be drawn to ensure no political party has an advantage and how and when they would be updated in future years to address population shifts.

Stephen J. Urban echoed those reservations and said he does not believe districts would work in a county this large. Council members are supposed to serve for the “greater good of the entire county,” he said. Urban also said elections by district would put more burden on the county election bureau and board.

Ted Ritsick, the commission secretary, provided a different view, saying many citizens told him they would be interested in voting for someone from their area. Districts would allow citizens to better get to know the contenders and make elections “more personal,” he said.

Ritsick also noted it’s the commission’s job to consider alternatives, even if they don’t end up in the final charter updates put before voters.

Commission Vice Chairman Vito Malacari said he is concerned districts would create “fiefdoms” that battle over limited county resources. While he believes most council members would want to do what’s best for the county as a whole, districts could result in parochialism, he said.

McGinley didn’t offer an opinion at this time but said he’s also heard discussion about the possibility of a hybrid system with some members by district and others at large.

A consultant and solicitor will further help the commission assess options, McGinley said.

Responses to the commission’s request for qualifications from outside consultants and a solicitor are due July 30.

No-interference ban

The charter says no council member shall publicly or privately give directions or orders to employees. The prohibition was intended to keep elected council members from meddling in day-to-day business performed by the executive branch, including employee hirings and terminations and the selection of most vendors that provide services and supplies.

Urban, a prior county councilman, said the ban should be reevaluated. Council members may be discouraged from reaching out to staff to help constituents with problems because they are fearful of accusations and an ethics complaint that they are exceeding their authority and directing staff. Urban said current county Manager Romilda Crocamo is responsive to all council inquiries, but that may not be the case with future managers.

Malacari said council members should be free to speak to the eight division heads in a transparent fashion about constituent concerns.

McGinley, a prior councilman, said council members are always permitted to talk to division heads, but the issue is how that communication is interpreted.

Matt Mitchell, also a prior councilman, said home rule charter drafters added the ban in an attempt to prevent nepotism and other inappropriate interference.

Malacari said he has been conscious of the goals charter drafters were trying to achieve with charter provisions and urged other commission members to do the same.

Ritsick said there may be a way to address the matter in proposed revisions, such as requiring written communication so there is a record and level of accountability when council members contact division heads. He said the panel can come up with a solution that allows more flexibility while preserving the spirit of preventing problems of the past.

Compensation

Council members receive $8,000 annually, with an additional $2,500 yearly stipend for the chair.

The charter allows council to increase the compensation for members elected in future elections, but no increase has ever been approved.

Malacari said no council members will propose an increase for fear of criticism, but adjustments may be warranted based on council’s workload and responsibilities. He suggested the commission consider proposing slight increases every few years that would not require council approval.

Term limits

The charter limits council members to three consecutive terms, although they are free to run again if they sit out one election.

Mitchell suggested removing the limit because council members can still come back after taking a break.

Urban said he does not believe term limits are necessary because voters have the final say on which candidates are elected.

Cindy Malkemes, who serves as commission treasurer, said she agrees with term limits because they open the door for more prospective candidates who don’t have the name recognition of those in office for a long time.

Shaffer agreed there should be some term limit, even if it is more than three terms.

Ritsick said term limits may be important if the commission opts for elections by district to address Malacari’s point about fiefdoms.

Solicitor

Malacari said he wants to add wording to the council section of the charter allowing council to obtain its own solicitor.

He raised an argument that had been made in the past that council’s reliance on the county law office creates an inherent conflict because the office falls under the supervision of the county manager, or executive branch.

The county administration has stressed the law office represents the county as a whole and issues opinions based on their interpretation of the law. These attorneys must follow rules of professional conduct if they are faced with a conflict in any matter, the administration said.

Centralization of the county legal department had been singled out as one of the major achievements of the voter-approved home rule structure that took effect in January 2012.

In their final report, home rule charter drafters said the unified law department would represent all county officials and functions and “owe legal duties to (the) county and not to individual officers.” They predicted this would limit or eliminate “wasteful intra-county litigation,” increase legal expertise and base staffing on actual workloads, it said.

Under the charter, council must confirm the manager’s selection of a chief solicitor for that position to be filled. Urban proposed adding provision requiring council to also provide a confirmation vote if the manager wants to terminate the chief solicitor, saying that would make the position more independent.

Looking forward, the commission plans to interview county District Attorney Sam Sanguedolce and discuss the charter section pertaining to the DA’s Office at its next meeting on July 30.

It also voted Thursday to request a $75,000 budget allocation from county council to cover anticipated expenses through the end of this year.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.