Northampton County: Brown drops no-bid contract
On April 2, moments after Northampton County Controller Steve Barron filed a declaratory judgment action to challenge the validity of a controversial $84,000 no-bid public relations contract, Executive John Brown publicly announced its termination.
So ends the latest chapter in a tangle between Brown and some County Council members over the use of consultants.
In February, Brown pulled a $715,200 business consultant contract after council's Finance Committee voted it down. Brown had argued that a business consultant would save money, but council member Ken Kraft asked, "Isn't that what we elected you to do?"
Council President Peg Ferraro was bothered that Brown did not seek out proposals elsewhere.
"I like to shop," she complained.
The $84,000 award to Bethlehem-based Sahl Communications was below the $100,000 threshold that would trigger the need for council's approval. But council Democrats argued vigorously that it was still illegal because county law requires that professional services be bid. But in a vote that went along party lines, council refused to sue.
Controller Barron, a Democrat, filed a declaratory judgment action naming Brown, the county and Sahl Communications as defendants. He complains that there's been a "breakdown in essential internal controls" that have resulted in him not being invited to bid openings, something required under county law.
He claimed that, as a result of an audit of the county's compliance with the Administrative Code, he had three major concerns with the Sahl contract. First, Brown never stated why a no-bid contract was necessary, which is required. Second, like his fellow Democrats on County Council, he believes this is a contract for "professional services," and as such, must be bid. Finally, he called it a piece meal contract, meaning that the executive would continue issuing contracts with Sahl, but would keep them under the $100,000 threshold that would mandate a council review.
Barron argued that that competitive bidding should be encouraged as a "guard against favoritism, improvidence, extravagance and corruption."
Moments after the lawsuit became public, Sahl Communications issued its first and only news release, announcing that it is now the county's former "public relations" firm.
The statement quotes Brown as saying, "After decisions with legal council [sic] and the contractor, Sahl Communications, I decided it was in the best interest of the county to withdraw the agreement."
Brown's decision appears to make the lawsuit moot. But not to council member Ken Kraft. At the April 4 Council meeting, he demanded the executive answer who was going to return the $7,000 already paid to Sahl under an illegal contract. Brown responded that he believed the contract was legal, and is just ending it.








