EASTON, Pa. – During a special meeting late Thursday afternoon, Northampton County Council voted to override County Executive Lamont McClure’s veto of legislation that alters the contractual procurement process. The vote was 6-3.
The legislative body approved a measure at its Dec. 4 meeting to change the administrative code, establishing procedures governing the purchase and disposition of county-owned property.
The change would allow three county commissioners to serve on an evaluation committee to “assist in the evaluation of the proposal responses for a contract valuation beginning at $100,000.”
The bill, approved at the legislative body’s Dec. 4 meeting, was originally tabled at County Council’s Aug. 7 meeting.
McClure vetoed the ordinance Dec. 12, arguing it injects the legislative branch into the procurement process, thus encroaching upon the executive’s power to administer county government and violating Northampton County’s home rule charter.
“It is an impermissible encroachment of the power of procurement specifically granted to the county executive by the home rule charter and administrative code,” McClure told County Council Thursday afternoon.
He added the amendment itself is “logically inconsistent and renders language hopelessly confusing.”
An ordinance that would give Northampton County Council more oversight of contracts tied to county business will have to wait for another day.
McClure listed two additional reasons for his veto, stating how the measure was introduced and approved offered potential violations of Pennsylvania’s Sunshine Act and Right-to-Know Law. The Sunshine Act ensures the public’s right to attend and participate in government agencies and bodies. The Right-to-Know Law provides the public access to state and local government records.
Council solicitor Christopher Spadoni said he “disagreed” with McClure’s legal assessment.
Prior to the vote, Commissioner Kelly Keegan described the resolution as “being shoved down [County Council’s] throat.”
“I also think it’s a slap in the face to our new elected County Council members,” Keegan said. “…I guess you don’t have trust in the new County Council members, because they should be voting on this.”
She added, “This was put on our desk one hour before the last meeting of the year.”
“To override the veto is short-sighted, and we’re not following the law,” said Commissioner Ken Kraft. “At minimum, we should have amended the agenda that day, which we didn’t do that, either.”
In arguing for the resolution, Commissioner Ronald Heckman stated the county’s present procurement process was neither efficient nor transparent.
“This has just been a failure to communicate for quite some time, and it results in things like this,” Heckman said. “There is a lack of confidence in the procurement systems right now.”
The commissioner added that Spadoni was County Council’s legal advisor. Others who offered their opinions during the meeting were not.
“I don’t know if this is legal or not,” Heckman said. “That’s the third branch of government that determines that. Not council or the executive.”