DA says ethics draft needs work
Northampton County District Attorney John Morganelli told city council members at their meeting on June 20 that creating an ethics board in the city would be costly and “a bureaucratic mess.” He was invited by council President J. William Reynolds to speak on the proposed ethics ordinance that will be the subject of a committee of the whole meeting June 26.
The draft ordinance was originally proposed in January by council members Olga Negron and Michael Colon.
Morganelli said the draft ethics ordinance in front of council addresses such matters as improper influence and conflicts of interest, which are already covered in the state ethics code. The state ethics act is “very comprehensive” and also effective, he said. “It does have teeth in it,” Morganelli said. “It gives us a lot of power.”
Morganelli said his office gets complaints from municipalities when someone alleges a local official has committed an ethical or legal violation.
There are seven county detectives, who will investigate if there is a criminal law violation, Morgnelli said. There could also be a grand jury, which has authority to subpoena documents. If appropriate, the matter is referred to the state attorney general.
Local municipalities can “supplement” the state ethics code by making it more restrictive if they wish, he said.
He recommended the draft ordinance undergo a “majority rewrite” since it covers matters already in the state code. Morganelli reminded council members that the state code is “applicable to everybody in Pennsylvania” meaning local officials and city workers.
While the draft ethics ordinance attempts to address a wide variety of ethical issues, Morganelli said adopting the state code and then addressing various ethical topics separately is more effective.
For example, the council could draft a separate ordinance specifically addressing how contracts are handled and awarded. Other topics such as nepotism and campaign contributions could also be stand-alone issues, he said.
While the proposed draft ethics ordinance is well intentioned, Morganelli said, “Some issues could be better addressed.” The draft needs “lots and lots of work,” he said.
Morganelli also asked why a city ethics board, which would be costly, was necessary when “the state board does this for free.” He also said members of a local board would be better acquainted with individuals they may have to investigate, while the state board is more objective.
Negron told Morganelli, “I’ve learned a lot. I’ve been working in this for way over a year.”
“No law is perfect,” Morganelli said.
“Keep things simple,” he advised, “And easy to understand.”
In other business, two committee meetings are planned.
The Finance Committee will meet Wed., July 5, at 6 p.m. in Town Hall prior to the regular council meeting at 7 p.m. The council meeting was rescheduled from its usual Tuesday due to Independence Day. The Finance Committee will discuss the 2011 Bond Refinancing and Budget Adjustments.
The Community Development Committee meets on Tues., Aug. 29, at 6 p.m. in Town Hall prior to the regular council meeting, to discuss the Financial Accountability Incentive Reporting (F.A.I.R.) Program.








