Luzerne County Government Study Commission reaches agreement on ethics recommendation

After several past debates, Luzerne County’s Government Study Commission reached consensus Thursday on a recommendation that will require council to keep an ethics commission and code.

The seven-citizen study commission is drafting a revised county home rule charter for voters to consider in November.

It had been split on a prior suggestion allowing council to determine if a commission is needed and, if so, how it would be structured.

If the proposed charter is adopted by voters in November, the wording approved Thursday would require council to vote within nine months to ratify or amend the existing ethics code.

Council would also be required to maintain or establish an ethics commission to receive and investigate ethics complaints.

The existing commission structure would remain in effect if council does not approve a new composition. The commission is currently composed of the county district attorney, manager, controller and two council-appointed citizens (one Democrat and one Republican).

Council also would be required to revisit the ethics code and commission structure every two years.

Study Commission Chairman Ted Ritsick and Vice Chairman Vito Malacari said this option ensures an ethics code and commission are in place but gives council legislative authority to determine how they are structured.

While the recommendation was unanimously approved, Study Commission Treasurer Cindy Malkemes said she is concerned council will not act to make improvements.

Many have complained the code is problematic and ineffective, but council has not exercised its current authority to revamp it.

Malacari told Malkemes citizens are free to “put pressure” on council members to make the code workable.

Study Commission member Mark Shaffer said he believes the membership composition of the ethics commission should be spelled out in advance so it is kept “out of council’s hands,” but he supported the proposal in a spirit of compromise.

Shaffer had predicted voters would reject the proposed new charter if council had discretion to eliminate an ethics commission.

Boards

The study commission also approved recommendations Thursday related to several boards:

• Assessment Appeals Board

This three-citizen panel appointed by council rules on requests for real estate assessment reductions.

The commission is adding wording to ensure the members complete training that was mandated by state law enacted after the current charter took effect. It also is allowing council to appoint alternate members to fill in as needed if permanent members are absent or have a conflict hearing any appeals.

• Retirement Board

The five-member board oversees the employee pension fund and currently consists of the county manager, budget/finance division head, council chair, a council member and member of the retirement system.

The new recommendation would replace the budget/finance division head with a citizen and allow the manager the option to select a designee to serve in his/her place.

• Joint Airport Board

The county has three members — the council chair, a council member and county manager or his/her designee — on the joint board with Lackawanna County that oversees the Wilkes-Barre/Scranton International Airport.

Thursday’s recommendation replaced the county manager with a third council member based on the argument that this board serves more of a legislative purpose.