Luzerne County Government Study Commission hires consultant and legal counsel

Luzerne County’s Government Study Commission hired a consultant and legal counsel Thursday and heard a presentation from county Controller Walter Griffith.

The commission unanimously selected the Pennsylvania Economy League as the consultant. The nonpartisan and nonprofit public policy organization served as a consultant for the county’s last two study commissions. No entities had submitted proposals to serve as consultants in response to the commission’s public solicitation, prompting outreach to the league for assistance. It will receive $200 per hour.

Curtin and Heefner LLP, based in Doylestown, was retained to provide legal council. Four of the seven commission members selected the firm — Vice Chairman Vito Malacari, Treasurer Cindy Malkemes, Mark Shaffer and Stephen J. Urban.

The three other commission members — Chairman Timothy McGinley, Matt Mitchell and Secretary Ted Ritsick — voted no because they supported the selection of Elliott Greenleaf, which has a local office in Wilkes-Barre.

However, McGinley, Mitchell and Ritsick all emphasized after the meeting that they believe both firms were highly qualified.

Curtin and Heefner, which serves public sector clients across the state, had proposed discounted hourly rates of $220 for work performed by partners, $185 for associates and $90 for paralegals, if applicable. It offered to negotiate billing for travel, possibly including a mutually agreeable ceiling.

Controller

During an hour-long presentation, Griffith recommended the addition of a charter clause requiring county entities to respond to his office’s audit findings and recommendations, possibly imposing sanctions for noncompliance.

The power of his office to correct problems has been reduced under the current charter, he said.

The charter that took effect in January 2012 eliminated the controller’s authority to accept or reject payment requests but provided the elected official with “unrestricted access” to information upon “reasonable notice.”

Griffith said his attempt to test the unrestricted access and another charter clause to access an independent solicitor were tested under the prior manager and “failed due to budget limitations” and a lack of cooperation.

The controller’s office has performed more than 100 audits since Griffith was elected in 2022, and most had findings and recommendations, he said, noting many were not alarming but raised issues that could make the government more efficient.

While Griffith said current Manager Romilda Crocamo has been responsive to addressing his audit recommendations, he said a charter mandate is warranted to ensure compliance going forward.

Griffith’s suggestions also included the restoration of a county prison board.

Before home rule, a board oversaw prison staffing and operations. County commissioners, the district attorney, county controller, sheriff and a judge or judicial representative sat on the board and met at least once a month to publicly discuss staffing, safety concerns and fiscal issues.

Under the current structure, the county manager oversees prison operations and selects a correctional services division head who must be confirmed by council.

During a 2016 council discussion about a push by some to reactivate the prison board, the county law office said state law allows home rule counties to add a jail oversight board through a study commission process, with the board consisting of the controller, the council chair or his/her designee and three citizens.

Another option would be an advisory board that makes recommendations but has no authority to impose them, officials said at the time. Concerns were raised about removing the manager’s authority to hire and fire staff and set rules on prison protocol.

As a compromise, the administration started publicly presenting more monthly statistical information similar to data released at prior prison board meetings, such as inmate population counts and reports on the number of infractions committed.

Malacari asked Griffith to explain his reasoning for seeking a prison board.

Griffith said he believes more people should be involved in correctional oversight because there’s a danger an issue with jail personnel could be “brushed away” by a manager.

The controller also urged the commission to examine a key charter section prohibiting council from interfering with management.

This clause attempted to prevent council from micromanaging or attempting to sway contracts or hiring, but Griffith said there should be some means for council to have more involvement in overseeing the manager’s performance. The manager has “an awful lot of power” in the charter, and council should not be forced to resort to the “extreme” and “drastic” recourse of terminating the manager every time there is a problem, he said. The manager search process is involved, and it is challenging to find a qualified manager able to oversee a county this size, he said.

Griffith’s recommendations also include making the manager an elected post and reducing council from 11 to five members, with minority party representation required as it was under the prior three-commissioner system. He has no objection to the charter’s three-term limit for the controller, saying a “fresh set of eyes” can be beneficial.

Authorized by county April 23 primary election voters, the commission has nine months to report findings and recommendations and another nine months if it is opting to prepare and submit government changes. An extra two months is allowable if the commission is recommending electing council by district instead of at large.

The commission agreed Thursday to add an additional meeting in September, October and November so there will be three commission meetings each month.