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Votes on a proposed $56,000 settlement with former Luzerne County election director Leonard Piazza and the launching of a prison oversight committee failed Tuesday because county council members were locked in a 5-5 tie.
Matters stuck in a tie cannot go up again for another vote unless a council member who had voted in opposition requests reconsideration.
Tie votes were possible due to the absence of council Chairwoman Linda McClosky Houck.
Meanwhile, Councilwoman Kathy Dobash’s motion to exercise council’s investigatory powers to examine three recent female inmate deaths was rejected by majority vote.
As a result of the tie, Piazza’s suit will now proceed to federal trial, officials said.
He sued the county in June 2013, arguing his 2012 termination was political and stemmed from his inquiries into then-county controller Walter Griffith’s campaign finance reports. The county maintained Piazza was fired for exceeding the scope of his authority by conducting a “clearly retaliatory” review of Griffith’s campaign reports in response to Griffith’s plans to audit the election office.
Acceptance of Piazza’s proposed settlement was recommended by the county’s outside legal counsel and administration to avoid the possibility of tens of thousands of dollars in additional legal fees for trial and potentially appeals.
The county spent approximately $85,000 in legal fees on the Piazza litigation to date and must continue funding expenses until it meets a $150,000 insurance deductible, according to Chief Solicitor Romilda Crocamo.
Citizen Edward Chesnovitch applauded the settlement’s defeat, describing the $56,000 payment as “outlandish.”
Council members briefly discussed the proposed settlement before moving to a closed-door executive session. They immediately proceeded to a vote after returning, with Dobash, Edward Brominski, Harry Haas, Eileen Sorokas and Stephen A. Urban opposing the deal.
These same five council members supported Dobash’s proposal to initiate formation of a prison oversight committee with a structure not yet determined, possibly including citizens. The committee could address policies, procedures and safety concerns, she said.
County Manager C. David Pedri said more specifics about the composition are needed because prison management falls under the administration’s duties under the county home rule charter.
In her other motion, Dobash said a council investigation of the inmate deaths is warranted because she does not “want to see a door closed” on many unanswered questions.
Some council members said her suggestion was premature.
Councilman Eugene Kelleher said he and his colleagues should formally submit questions and review the results before considering an investigation. Correctional Services Division Head Mark Rockovich has been responsive to inquiries, he said.
Dobash said she hasn’t received replies to her information requests. Crocamo said she needs time to redact confidential health and security details.
Haas said he agreed council should stay on top of the matter, but he does not believe an investigation is needed unless responses to questions are insufficient.
Urban said something is “terribly wrong” because the two inmates who died from hangings — Brooke Griesing on June 8 and Tricia Cooper on July 25 — were not flagged as suicidal through screening and other monitoring protocol.
The July 7 death of Joan Rosengrant was ruled accidental; it was caused by the combined effect of prescription drugs complicated by her unspecified physical condition.
Support for White Haven Center
Also Tuesday, council members unanimously approved colleague Robert Schnee’s resolution opposing proposed state legislation that would close the White Haven Center, a residential state institution in Foster Township for people with intellectual and developmental disabilities.
The center employs 455 and houses 117 men and women.
Still in its infancy, the bill also calls for closure of three other remaining state institutions — all by the end of 2022. Center residents would be transitioned into home and community-based support programs, such as group homes, that improve quality of life and cost less, supporters maintain.
Three area residents with relatives living at the White Haven Center made passionate pleas for council’s passage of the resolution Tuesday.
Tom Kashatus, of Newport Township, said his daughter, Maria, has received quality care at the center for nearly 40 years and questioned her safety living in a group home when she is unable to walk, speak or eat unassisted.
James and Judith Clark, of Plymouth, said her brother has lived at the center since 1969 and can’t survive in a group home because he also is reliant on others to eat and requires equipment to be bathed.
“They’re thinking about money. They’re not thinking about humanity,” James said of state officials supporting the closure.