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By KALEN CHURCHER kchurcher@leader.net
Monday, March 03, 2003     Page: 1A

They use words like moral and accountable to describe a form of Luzerne
County government that could be.
   
For more than a year, members of the Luzerne County Government Study
Commission have been researching and drafting a proposal for a new form of
county government, something many of them say will return pride and
professionalism to a system riddled with flaws.
    As the 11-person panel nears the final stages of its initial charter draft,
member George Race says the group’s discussions on ethics, codes of conduct
and anti-nepotism guidelines “are reason alone” for the county’s electorate
to vote in favor of the home rule charter in the November election.
   
The concept of home rule means “shifting of responsibility for local
government from the state Legislature to the local community,” according to
the Governor’s Center for Local Government Services. Study commission members
have proposed replacing the commissioner form of government with an elected
county executive/county council government consisting of four district council
members and three at-large. The proposal also calls for an appointed county
manager.
   
After last year’s unanimous vote to draft the home rule charter, member Ed
Kilduff – who’s often referred to as having an insider’s view of county
politics because of time spent as deputy prothonotary under Carolee Medico
Olenginski – held up a tattered copy of the County Code and proclaimed two
things missing: ethics and morality.
   
Minority Commissioner Stephen A. Urban says the home rule charter could put
teeth into state ethics laws as well as establish penalties.
   
However, if no one at the county level is charged with overseeing
grievances and/or repercussions – the study commission voted against forming a
county ethics commission – Urban questions how any policy will be enforced.
   
“If (the state) is not provided with a list of violators, there’s nothing
that can be done.”
   
Race agrees that could pose a potential problem, but says the county
culture under the proposed charter will be different.
   
“I think maybe with the charter … with all these guidelines defined,
complaining about something may have more weight.”
   
Although not complete in its mission, the commission has agreed to include
a code of ethics in its charter. The bulk of the code will be established by
the incoming county executive and council. However, certain points of interest
have been included through a majority vote of commission members and are
sprinkled throughout the charter under additional topics including the
administrative code, personnel and ethics.
   
“My feeling about the importance of having a statement of ethics is it
codifies the rules of behavior that most people expect of their government
officials,” said study commission member Tom Baldino.
   
An anti-nepotism policy will be discussed at tomorrow’s 7 p.m. meeting at
Luzerne County Community College. Although the state Ethics Commission already
prohibits the hiring of immediate family members, Race said he hopes a county
policy can include “full-disclosure” for those individuals who fall outside
the immediate circle.
   
At the most basic level, county officials will be required – as they are
now – to follow the state Ethics Code. According to the state Ethics
Commission Web site, Pennsylvania’s Public Official and Employee Ethics Act
was enacted to “strengthen the faith and confidence of the people of the
Commonwealth in their government.”
   
It further states “people have a right to be assured that the financial
interests of holders of, or nominees or candidates for, public office do not
conflict with the public trust.”
   
Implementing a professionally based system, as opposed to a politically
based one, is the first step toward a more reputable form of county
government, study commission members say.
   
“You start with the structure that theoretically has recruited good
people,” Baldino said. “What I’m trying to do is to change the political
culture of the area. To do that, first you create a structure that demands
professionalism.”
   
Professionalism in the home rule charter includes an appointed county
manager and employees hired through a merit system, similar to Civil Service
exams. Although current county employees would be grandfathered and not
subject to qualification testing, that does not mean their jobs would be
guaranteed if they could not perform as expected.
   
“We want to make sure people don’t use their positions for political or
financial gain,” said Chairman Carl Goodwin.
   
The group has not yet tackled writing an administrative code for the
county, but that will ultimately include job descriptions for positions.
Goodwin is unsure if the panel will formulate the job descriptions or if that
will be passed. However, he considers the personnel system to be among the
most important strides made by the commission.
   
Under the proposed system, a three-person personnel commission will advise
the executive on appointments, and an appeals board, composed of independent,
non-county employees, will hear grievances.
   
Goodwin stressed employees must be held accountable for their actions,
although he could not say what the implications would be for those individuals
who violated any part of the charter. Additional consultation with James
Ferry, the commission solicitor, will determine the parameters the panel must
follow.
   
Kalen Churcher, a Times Leader staff writer, may be reached at 831-7329.