Luzerne County Ethics Commission seeks change to unseal pending complaints

Luzerne County’s Ethics Commission voted Monday to seek an ethics code change from county council so two complaints from June can be unsealed and processed.

Under council’s ethics code, a commission-contracted outside enforcement attorney must open complaints and determine if they should be dismissed or upgraded to formal matters heard by the five-member commission.

However, the commission hasn’t had an enforcement attorney since it accepted the resignation of Attorney Qiana Murphy Lehman in May.

The recruitment of attorneys has long been a challenge. In 2017, a commission complaint remained unopened for months due to the lack of an enforcement attorney.

Kingston Attorney Lawrence J. Kansky was the lone respondent to the commission’s most recent request for proposals. Without explanation, no commission members made a motion to retain him Monday. Controller Walter Griffith, who chairs the commission, said after the meeting he supported Kansky but could not make the motion because Kansky represented him in the past, which would be a conflict. Griffith thanked Kansky for applying. Before exiting the courthouse meeting room, Kansky told the commission he was withdrawing his application now and in the future.

The commission had initially discussed seeking a code revision allowing the commission solicitor to unseal and review complaints when there are no enforcement attorneys.

That idea was nixed Monday.

Commission members Ben Herring and Jay Notartomaso both expressed concerns about the potential for a perceived conflict of interest with the solicitor handling that work. Commission Solicitor William Lawrence, of West Group Law in Wilkes-Barre, said he does not believe he could serve in that role because there is an “appearance of conflict,” adding the attorney unsealing the complaints should be “completely independent.”

Griffith said somebody must unseal the complaints and suggested asking council to permit the commission to open them.

County District Attorney Sam Sanguedolce, who also serves on the commission as required by the county’s home rule charter, said the commission cannot be involved in the unsealing and initial investigatory phase.

The commission must remain fair and impartial to hear cases presented by the enforcement attorney, he said, comparing the commission’s role to that of a magisterial district judge.

In the change ultimately requested, Sanguedolce proposed asking county council to permit the county law division to appoint an attorney to unseal and perform an initial review of the two pending complaints.

A majority of three commission members approved Sanguedolce’s proposal: Sanguedolce, Griffith and county Administrative Services Division Head Jim Rose, who is serving as the county manager’s designee. Herring and Notartomaso voted no.

Griffith said he will submit the proposed ethics code change to council’s code review committee, which is chaired by Councilman Harry Haas and also includes Greg Wolovich, Patty Krushnowski and John Lombardo. Committee recommendations must be approved by a full council majority to take effect.

Griffith said the delay in unsealing the complaints is unfair to the filers and frustrating because there is no way of knowing if the matters raised have merit.

Notartomaso made a motion Monday to keep publicly advertising the enforcement attorney post until all three positions are filled. He obtained unanimous commission approval.

The ethics code mandates three attorneys so complaints could be assigned on a rotating basis as an extra check and balance.

Rose also proposed advertising the openings in the legal bar association publications for both Luzerne and Lackawanna counties, saying the current solicitations may not be reaching the “right audience.” The commission unanimously agreed.

The commission plans to meet again Sept. 30 to review any applicants and the code revision request status.

Denise Williams, of Kingston Township, also successfully pressed the commission to accept public comment at the start of the meeting in addition to the end. Williams argued the public must have an opportunity to comment before official action is taken.