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COUNTY OF NORTHAMPTON

OFFICE OF DISTRICT ATTORNEY


NORTHAMPTON COUNTY GOVERNMENT CENTER
669 WASHINGTON STREET
EASTON, PENNSYLVANIA 18042-7492
JOHN M. MORGANELLI Area Code (610) 559-3020
DISTRICT ATTORNEY
Fax (610) 559-3035

November 18, 2009

Ron Angle Ron Angle


P.O. Box A Northampton County Council
Portland, PA 18351 Northampton County Courthouse
669 Washington Street
Easton, PA 18042

Re: Office of County Council and School Director

Dear Ron:

Recently, my office has received a number of complaints regarding your intention


to serve in the Office of School Director for the Bangor Area School District and the
Office of Northampton County Council simultaneously. Pennsylvania law recognizes
that the individual district attorneys of each county have the authority to bring the civil
action of quo warranto in order to determine whether an individual is unlawfully holding
a public office. I am aware of the fact that this is not the first time that this issue has
arisen. It is my understanding that some time in the past you were elected to serve as a
school director while serving as a member of County Council and that prior to any legal
determination being made as to the compatibility or incompatibility of these offices, you
resigned from the School Board. It is also my understanding that at the present time
you have indicated that you will not relinquish either your seat on Northampton County
Council or your position as a school director in that you believe you are not barred from
holding both offices.

In considering whether or not a quo warranto action against you is warranted, I


have reviewed the law regarding this matter. In my opinion, your simultaneous service
as a school director and a member of County Council conflicts with two laws that bars
you from serving simultaneously in these offices.

1. Public School Code 24 P.S. § 3-322 –


The aforesaid provision of Pennsylvania law clearly provides that a person
who holds the position of “County Commissioner” is not eligible to be a school
director in the Commonwealth of Pennsylvania. Although I understand that it
is your contention, in part, that being a member of County Council is not
equivalent to being a “County Commissioner”, it is my view that that argument
is without merit. When Northampton County adopted the Home Rule Charter,
it clearly substituted Northampton County Council for the previously elected
County Commissioners with respect to legislative functions. In fact, Article XII
Section 1204 of the Northampton County Home Rule Charter specifically
provides that any references in the law of the Commonwealth of Pennsylvania
to “County Commissioner” shall thereafter be construed to refer to the County
Council whenever such construction would be reasonable. I believe that the
courts will see no distinction between the Office of County Commissioner and
the Office of County Council in those counties that have adopted a Home
Rule Charter. Therefore, it is my opinion that you cannot hold both offices
under the Public School Code 24 P.S. § 3-322.

2. Northampton County Home Rule Charter § 104 –


The aforesaid section of the Northampton County Home Rule Charter
provides that no elected official shall hold any other elected public office
during his term of office. I am aware that this provision was examined with
conflicting opinions rendered. In 1999, then Northampton County Solicitor
Karl Longenbach issued a legal opinion dated November 18, 1999 indicating
that in his opinion § 104 of the Northampton County Charter would prevent a
member of County Council from holding any other elected public office. I am
aware that in January 2006, then Northampton County Council Solicitor
Leonard Zito offered an opinion that was in opposition to Solicitor
Longenbach’s opinion relative to this section of the Home Rule Charter. Mr.
Zito determined that the language seemed to suggest that there was a
prohibition only if the individual was serving two elected offices that were tied
to some type of compensation. It is my understanding that the current
Northampton County Council Solicitor, Anthony Martino, agrees with Mr.
Longenbach’s interpretation which would prevent any elected official from
holding two elected offices whether or not they receive compensation. My
own legal opinion sides with the opinions expressed by Mr. Longenbach and
Mr. Martino in that the Charter provision read pursuant to normal statutory
construction guidelines bars any elected official from holding two elected
offices simultaneously regardless of compensation.

Based upon the aforesaid, it is my opinion that you cannot legally serve in the
aforesaid office of County Council and School Director. I would request that you not
take the oath of office as a school director at the upcoming reorganization meeting.
Obviously, I respect and acknowledge your right to test the legality of holding both
offices. However, if you so chose to proceed, I will have no choice but to initiate the civil
action of quo warranto seeking to bar you from holding said offices. I clearly understand
your opinion that the voters of the county should have the right to elect their officials
without limitation. Although I may agree with you in principle, unfortunately that is not
the law. I am confident that you would be in violation of both the Public School Code
and Home Rule Charter by serving in both offices simultaneously. At the present time
you have the choice to elect which office you want to hold. However, if I am forced to
file legal action, I will request that you be removed from the Office of County Council. If
the court finds you to be in violation of one of these provisions, the quo warranto will be
granted and you will be removed from the Office of County Council. I trust this
correspondence adequately sets forth the position of the Office of District Attorney with
respect to this matter.

Very truly yours,

2
John M. Morganelli
District Attorney

JMM/lt

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