Luzerne County Council again debates Mackey review

Once again, Luzerne County Council debated the possibility of further reviewing the 2018 death of inmate Shaheen Mackey.

Two past proposals, both earmarked at $75,000, were not approved by council on Sept. 8 — hiring an outside law firm and creating a county prison investigation committee.

Discussed during Tuesday’s work session was Councilman Walter Griffith’s proposal to ask county Controller Michelle Bednar to conduct an investigation into county prison policies and procedures.

Griffith’s proposed resolution says the controller has such authority under the county’s home rule charter, and he suggests allocating up to $30,000 from the county reserve fund to facilitate a controller’s office investigation.

Bednar said after the virtual session she will review the matter after council votes. The next voting meeting is Oct. 13.

Councilwoman Kendra Radle asked if the review would focus only on policies and procedures at the time of the incident because “changes were made.”

Griffith said the review could examine both.

Councilwoman LeeAnn McDermott said the controller’s office does not have expertise in prison procedures and protocols and questioned how $30,000 would cover outside experts when the two past requests were $70,000.

McDermott said the prison already has improved protocols and that $30,000 is a “lot of money to spend” completing a before-and-after comparison.

Griffith said he and many others saw a publicly released video of Mackey in a restraint chair and are still in the dark about what protocols were or were not followed.

McDermott said Griffith appears to be trying different ways to get answers he wants.

Griffith denied the accusation and said it would be fine if the review concluded all procedures were proper and followed.

Councilman Stephen J. Urban said a thorough review now could prevent future costly litigation.

The county settled litigation with Mackey’s estate for $3 million — most covered by the county’s insurance carrier.

Because the litigation was still in the discovery stage when it was settled, many answers and arguments from both sides were not publicly adjudicated.

Griffith said further review would “strengthen our ability to make sure it doesn’t happen again.”

Councilwoman Sheila Saidman said the state corrections department inspected the prison after Mackey’s death and gave a positive review.

Urban said written policies and procedures are not always executed.

In other business, a council majority voted to:

• Serve as the host government entity for KBJ Real Estate Investment LLC to obtain $1 million in state funding the company received toward the purchase and remodeling of the former Berkshire Hathaway GUARD property on South River Street in Wilkes-Barre.

• Retain Baker Tilly Virchow Krause LLP as the county’s auditor in 2021. Four council members supported a different company — Boyer & Ritter LLC. The county must change auditors at least every four years, and this is the fourth year for CliftonLarsonAllen.

• Publicly seek purchase offers for the county’s former juvenile detention center overlooking the prison in Wilkes-Barre, which has been vacant since the county stopped sending youths there in 2002.

Also, Griffith cancelled his request for council to adopt a resolution reprimanding county Manager C. David Pedri for interrupting Griffith and raising his voice at the Sept. 8 council meeting. Griffith said he reconsidered because Pedri had publicly apologized to him during the Sept. 8 meeting and the two had a “very cordial conversation” during the 9/11 terrorist attack memorial service outside the courthouse.