Study commission grills Luzerne County home rule charter drafter

Luzerne County Government Study Commission Vice Chairman Vito Malacari said Thursday he appreciates the current home rule structure created by presenter Rick Morelli and other charter drafters.

“Thanks for the charter you gave us,” Malacari said, adding her personally believes 80% to 90% of the existing charter works. “I don’t intend to throw the baby out with the bathwater.”

The current seven-citizen commission will have until early next year to determine if it wants to make changes and, if so, another nine months to draft them. An extra two months is allowable if the commission recommends electing council by district instead of at large.

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

Morelli, a current county election board member who previously served on county council twice, said the charter was created in the wake of a judicial and public official corruption scandal that made the public distrustful of county government.

Decisions previously made by three commissioners — often a majority of two — are now split among the elected 11-member council and appointed manager, with a set-up that attempted to structure the government more like a business, Morelli said.

He added governments can never fully function like businesses because they must provide mandated public services and have limited options and parameters to generate revenue.

Prior county councilman Tim McGinley, who chairs the current commission activated by the county’s April 23 primary election voters, said he agrees with Morelli’s caution about bringing on too many attorneys.

“If everybody has a lawyer, you’re going to have continuous conflicts,” McGinley said.

Arguments have been made that council and the election board should have their own solicitors instead of obtaining legal advice through the county’s central law office.

Morelli advised the commission to “be cautious” about adding separate legal counsel, predicting it will lead to internal arguments and disputes and prevent progress. Row officers each had their own legal counsel under the commissioner system, and there was infighting over budget allocations, authority in decisions and other issues, he said.

Commission Secretary Ted Ritsick asked about the thought process behind extensive prohibitions related to the county’s outside boards, authorities and commissions, including the exclusion of council members from holding a seat on some.

Morelli said charter drafters were trying to “keep politics out as much as possible.”

He acknowledged the charter took some requirements to an “extra level” due to problems occurring in the county at that time, and tweaks may be warranted now if certain provisions “hinder some progress.”

Malacari asked Morelli his opinion on the charter’s three-term limit for council and the controller.

Morelli said he believes term limits make sense and said drafters wanted to get away from entrenched politicians and “give others a chance.”

On another issue, Malacari asked Morelli about a suggestion from some to require representation of both Democrats and Republicans on council. Currently council has four Democrats and seven Republicans, but Republicans had previously held 10 seats.

The prior commissioner system ensured there were two members from one party and one from the other.

Morelli said he personally does not support mandatory party representation and said he never experienced situations on council where decisions were made along party lines, saying party affiliation “went out the door” during his tenure.

In closing, Morelli said he wants the commission to succeed. He said he didn’t always get his way on charter drafting decisions but rallied behind the final product because he believed — and still does — that it makes county government better.

“I think you have a good group. You’ll figure it out,” Morelli said.