The dueling complaints again: considering the sources

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DiLuzio and Meixell to Greene 11 20 19
Englesson to Greene 11 29 19
Englesson to Donchez 12 20 19

We have been asking what we know and what we do not know as we attempt to evaluate this situation of dueling complaints about a serious matter of possible racial profiling by a police officer or what we might call abuse of power by a district judge.

Chief Dilusio’s complaint alleges that Judge Englesson accused one of his officers of being a racist. The Judge, in turn, cited the resistance of the arresting officer to the “constructive criticism” of his behavior during a traffic stop and the “spurious complaint” the Chief filed against him with the Northampton County Court.

We have talked about the search and the warrant. Let’s talk now about the complainants themselves.

The Chief:

  • The conversation between the Judge and the two officers was November 14, a Thursday. The statements by the two officers are dated November 15 — Friday. The Chief’s “complaint” letter to Northampton County is dated November 20 — the following Wednesday. The Chief had 3-4 working days to investigate the matter and to plan a course of action.
  • No evidence beyond the statements of the two police officers is presented in the November 20 letter.
  • The Chief’s defense of his officer and the record of his department is natural and honorable.
  • But one hopes that on some level the Chief at least minimally entertained the possibility that he may have one racially insensitive officer or an officer who was racially insensitive one time.
  • For instance, was there anything in the arresting officer’s past record that relates to racially insensitive behavior?
  • One wonders why, in the interest of fair and amicable conflict resolution, the Chief  lodged a complaint against the Judge with his superior rather than contacting the Judge first.
  • I guess you’d expect Gadfly, whose motto is “Good conversation builds community,” to feel that way!
  • Though the Chief had 3-4 working days to consider his response, that act of lodging a complaint without at least talking with the Judge seems intemperate. The Chief heard only one side of the November 14 conversation as far as we know.
  • Gadfly says “as far as we know” because he is confused by the Mayor’s email to him that he “should exercise caution in posting and thereby endorsing the truth of the allegations directed against the City by Judge Englesson, which prompted Chief Diluzio’s complaint to President Judge Koury [the head Northampton County judge].”
  • What allegation against the City did the Judge make that prompted the Chief’s November 20 letter?
  • There was a conversation, a private conversation, between the Judge and two City officers. Let’s suppose for the sake of argument that the Judge in front of a witness did undeniably allege the arresting officer was a racist. Would that be an allegation against the man or the city?
  • Gadfly sees no systemic charge against the police department or the City in the Judge’s private conversation that would explain the Chief making the first shot in this interchange and thereby, in effect, inevitably making the dispute ultimately public.
  • In fact, the momentum seems precisely the other way ’round — the Judge forced to respond to the Chief.
  • The Chief’s complaint against the Judge seems intemperate to me.

The Judge:

  • The Judge’s counter-complaint is rather exhaustive.
  • He explains that he made a conscious and calculated decision to have a private conversation with the officer to offer him constructive criticism about his job,
  • and to protect his constituents from maltreatment,
  • and to protect the City from Civil Rights lawsuits.
  • He explains his respect for police in general and for Bethlehem police in particular.
  • He explains his extensive background and law-enforcement-related experience.
  • He explains what he could have done if he wanted to accuse someone of racial profiling, and it wouldn’t be in private.
  • He explains how he understands that the officer might have felt intimidated by such an “uncomfortable conversation” with a judge.
  • The Judge’s vigorous response to the Chief’s complaint seems understandable and appropriate to me.

How are you seeing it? Gadfly has no desire to tell his followers how to think. The primary sources on which to base thinking are available to everybody. All courteously presented perspectives welcome.

to be continued . . .

Bethlehem Food Co-Op members under attack!

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Agrabusiness thugs strike again!

005

Panicking now that BFC membership has hit 675 and soon to take over food distribution and food quality in Bethlehem, roving Agrabusiness gangs are lashing out.

coop logo

Was cuffing on the basis of the warrant warranted?

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DiLuzio and Meixell to Greene 11 20 19
Englesson to Greene 11 29 19
Englesson to Donchez 12 20 19

Are you with me? Speak up if not, my good followers. The primary sources are always close by for reference. Good conversation on a serious matter is what we are after.

What do we know, and what do we not know as we attempt to evaluate this situation of dueling complaints about a serious matter regarding racial profiling by a police officer or what we might call abuse of power by a district judge?

We talked about the search. Let’s focus on the warrant now.

The warrant:

  • Were the name and date of birth of the driver, presumably from the driver’s license, the same as the name and date of birth on the warrant for a deported felon? That’s not clear. The verb that the Chief uses is “linked.” The driver’s name was “linked” to the warrant, he says. What does “linked” mean? Does that mean it was an exact match or a close match or a weak match or a possible match? It’s not clear. In any event, no mention is made of whether the date of birth is linked or matched with the warrant. The officer’s statement seems to indicate an exact match with the name: “his name also came back with a warrant as a deported felon.” Again, no mention of the date of birth.
  • To the contrary, the driver indicates (through the Judge recounting his conversation with the driver) that the name on the warrant was a “similar name” which occasioned a “conversation” between the officer and the driver “regarding this issue.”
  • We need to see the driver’s license and the warrant side by side for clarification.
  • In addition, the warrant indicated that the subject of the warrant had an identifying tattoo. The officer investigated. Under clothing. Did he need permission/consent to do that? In any event, the driver had no tattoo.
  • It would appear there is a situation here where there is doubt — the lack of a tattoo being strong doubt — that the driver was the subject of the warrant. But it is affirmed that department policy requires absolute confirmation, which probably means fingerprinting at headquarters. Is that true — given the circumstances, would it be department policy to bring the driver in? If it is, would it also be policy to put him in cuffs? Does that mean he was arrested? Was there indication that the man would run? Was he being treated guilty till proven innocent? Could he have been asked to come to headquarters of his own volition to clear matters up? (A naive question from the Gadfly?)
  • But maybe he was put in cuffs because of the marijuana violation. Gadfly doesn’t know. Needs to be clarified.
  • Another question here, though, brings us back to the importance of ascertaining when the search of the car occurred. The driver’s account (again, coming through the Judge) is that he’s unsure when the search occurred. If the search happened after the doubt about the applicability of the warrant, then we have a really troubling occurrence. What triggered the search, and when did it happen?
  • Uncertainty about the link or match between name and the date of birth on the felon warrant and driver’s license, no identifying tattoo on the driver per the warrant  — seems fair to say that the applicability of the warrant to the driver was problematic, and thus one wonders if cuffs, which would be an assumption of guilt or a demeaning lack of trust in the driver’s integrity, were necessary.

to be continued . . .

The search: what triggered the search, and when did it happen?

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DiLuzio and Meixell to Greene 11 20 19
Englesson to Greene 11 29 19
Englesson to Donchez 12 20 19

So let’s talk about this incident.

What do we know, and what do we not know as we attempt to evaluate this situation of dueling complaints about a serious matter regarding racial profiling by a police officer or what we might call abuse of power by a district judge?

We’ll take it in small chunks. Think along with the Gadfly. And let him know your thoughts as we go. As always, contrary opinion invited.

Witnesses:

  • We don’t know if there are any “corroborators.” The arresting officer seems to have been alone at the traffic stop (the officer who made the second statement seems to have only been at the conversation with the Judge). Both officers say that the Judge “raised his voice” during their conversation, which the Judge denies. We don’t know if any of the Judge’s staff could weigh in on this point of contention.

The search:

  • We need a clear time line of the traffic stop events. For instance, when did the information about the warrant arrive, before the search of the car or after? The stop was for a traffic violation, which, on the face of it, would not seem to trigger a search of the car. The officer would write a ticket, and the driver would be on his way. It might not even necessitate the driver getting out of the car, which happened here at some point. What triggered the search, and when did it happen?
  • The officer described the search as a “consent search.” What exactly does that mean? The Judge indicates that a reason is normally given for such a consent search. The officer did not give one on his Affidavit of Probable Cause. Should he have? What was the probable cause for the search? We don’t know. In any event, the driver (through his conversation with the Judge) says he was not asked for nor did he give consent.
  • If the search happened after knowledge of the warrant out for a deported felon, would consent to search the car be necessary? Would that warrant constitute probable cause to search the car? Again, the question is what triggered the search, and when did it happen?
  • The wording of the arrested officer’s statement suggests that the arrest for marijuana came before the knowledge of the warrant (“was arrested for possession . . . his name also came back for a warrant”). The statement of the second officer more clearly indicates the marijuana arrest came first: “the male was in custody because of a drug arrest. While in Custody a deported felon warrant came back to the male’s name.” The Chief’s letter also seems to indicate that the man was “in custody” (synonymous for formally arrested?) for the marijuana violation when the warrant info arrived. The timing needs to be clarified. But we are brought back yet again to what triggered the car search, and when did it happen?
  • It appears that the marijuana arrest came first, came before knowledge of the warrant, and thus the legality of the car search is of paramount importance.
  • And that legality seems problematic because of the uncertainty about the officer’s motivation and the driver’s consent.

The charge:

  • The marijuana is several times referred to as a “small amount.” We have a recent ordinance that permits the officer to treat possession of a small amount of marijuana as a summary offense along the order of a traffic violation. Why did the officer not choose that option? (Maybe he did — Gadfly is not clear on this point from the available documents.)

to be continued . . .

Closing Packer Ave.: what would be a similar situation on the north side of town?

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Gadfly:

I was just talking with one of our retired police captains who thinks Packer Avenue should not be closed. As we were speaking the thought came to me, what would be a similar situation be on the north side of town. What I came up with was closing Goepp Street between Center and New Streets. Goepp isn’t the primary east/west route like Union Boulevard or Broad Street, or Union Boulevard and Elizabeth Avenue, but it provides relief for those roadways. It’s an alternative, which is exactly what Packer Avenue is in an even more densely compacted area. Very few people would support closing that stretch of Goepp Street either. Or, how about Moravian College asking to have Main Street closed from Ettwein Street to Elizabeth Avenue. It would still leave New and Center Streets to handle north/south traffic. I’m sure there are even more parallels. Again, a request for traffic calming measures I understand. Street closure I don’t.

Dana Grubb

Do you know your ABCs? Have you volunteered to serve yet?

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Olga Negron, “Your View by Bethlehem councilwoman: Want to help democracy? Serve on a government board.” Morning Call, August 31, 2019.

There were so many interesting things at the last City Council meeting that Gadfly hasn’t been able to deal with them all. And here we are on the verge of another meeting!

So let’s finish up (ha! or nearly finish up — Gadfly never shuts up) the thread on the interesting discussion on reappointments to the City Authorities, Boards, and Commissions — what Gadfly calls the ABCs.

Councilwomen Van Wirt and Negron were beating the drum for “new blood” especially on certain committees.

That caused Council newcomer Grace Crampsie Smith to ask the Mayor if he had a list of people waiting to serve — a waiting list.

The Mayor’s answer was that there was a list and that the City was doing pretty well, especially in comparison to Allentown, in staffing the ABCs. The Mayor periodically puts out an invitation for people to express interest in serving, and there are currently very few open slots.

If there is to be new blood, we have to seek it, we have to let people know.

Virtually immediately after the meeting, the Mayor posted such an invitation on the City web site and Facebook page:

Appointments are available for Bethlehem residents who may be interested in serving on one of our various authorities, boards, and commissions! Please review the following link for information specific to each of them: https://www.bethlehem-pa.gov/…/Authorities-Boards-and-Commi… Interested candidates are encouraged to send their letter of interest and resume to the Office of the Mayor at wkarras@bethlehem-pa.gov

As for incentive to serve, Gadfly points you to Councilwoman Negron’s article linked here and at the top of this page:

I’m here to tell you that our city needs your civic engagement.

There are many, other extremely important nonelected positions in local government that need to be filled by volunteers.

It’s important to know that not all positions require a specific expertise; most just require a dedicated person with common sense and love for our city who is willing to be the voice of their community.

The people in our city have diverse voices, and what we need is more of that diversity working in our government. That’s why I’m reaching out to challenge every single one of you to get civically engaged, to share your talents and put them to work for the betterment of our city.

A functioning democracy requires citizens who care what their government is doing and who put the time in to make it work for them.

Gadfly’s been hearing from people who watch the Council and other meetings on video and has noted several people who came once to a Council meeting to see what they were like and have continued to come.

I know I got hooked.

Think about what you’d like to do, wouldya?

Dueling complaints over the marijuana arrest

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Fellow local blogger Bernie O’Hare of the longer-standing and no doubt much more widely read Lehigh Valley Ramblings and I do not cover the same beat and rarely are posting on the same subjects. But this time we have. Click here for Bernie’s post yesterday.

This is the fourth post on an issue between the Bethlehem Police, specifically Chief Mark DiLusio and an unnamed officer, and District Judge Nicholas Englesson over the handling of a traffic stop of an Hispanic male that resulted in a marijuana charge and a subsequent November 14, 2019, conversation about the stop between the Judge and the arresting officer.

In yesterday’s post Gadfly published a letter from the Judge to the Mayor dated December 20. Just shy of two months ago. Gadfly doesn’t know what, if anything, has transpired since. The Council and the Mayor met in Executive Session before the last City Council meeting on a “personnel matter.” Could the meeting have been about this issue? Don’t know. Personnel matters are legitimately private. We would all want that if we were involved in such an issue.

But Gadfly is surprised that, as far as he knows, there has been nothing about this issue in our local news. Nothing. Did Gadfly receive these documents he posted the last three days “over the transom,” as it were, because the local news had decided to not cover the issue? Don’t know.

Should we not be talking about this?

Race. Racial profiling. Racism. Discrimination.

Not trivial matters.

Should we not be talking about this?

Bethlehem’s Hispanic population numbers about 30%.

Not a trivial number, though numbers shouldn’t “count” in moral matters.

Should we not be talking about this?

We have dueling formal complaints. If we believe the Judge, we may have a racially insensitive police officer in a city with a substantial Hispanic population. If we believe the police officer, we may have — Gadfly begs your pardon — a chief executive abusing his power and office.

We need to be talking about this, don’t we? (But Gadfly is always ready to accept a slap upside the head.)

Go back to that email Gadfly got from the Mayor, posted Wednesday:

“The City Administration is well aware of the matter. It has been thoroughly reviewed internally. The matter is the subject of an ongoing non-criminal investigation. We caution you not to speculate as to the nature of the ongoing investigation. We caution you that it would be inappropriate to assume the truth of the allegations. We caution you that it would be inappropriate to assume there is good cause for the allegations. The City Administration will have no further comment because the information and evidence are subject to confidentiality under Pennsylvania law. ”

It feels like a paragraph fashioned by a lawyer. Could be wrong. It feels like a message to shut up. Could be wrong. Tripled cautions. It feels like a gag order. Could be wrong. Caution = warning. It feels like a signal of personal danger ahead. Could be wrong.

But we really need to talk about this, don’t we? Even as an abstract Criminal Justice course exercise of how to handle racially charged situations.

to be continued . . .

Key moments in the reappointment discussion (3)

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Gadfly’s been wondering if a different dynamic in the leadership of the
[Parking Authority} Board would be beneficial.

Gadfly 10:30am today

Well, yes.

Interestingly, Councilwoman Crampsie Smith transitioned from her comments on the Parking Authority nominee at the February 4 Council meeting right into the topic of term limits, the possibility thereof as pertinent to this discussion on reappointments.

And there followed a good interchange.

President Waldron said he was open to the conversation on term limits but not ad hoc at this time on individual nominations. He looked forward to conversation about a policy that everybody would be on board with.

The right response.

When the agenda moved to a reappointment on the Fine Arts Commission, President Waldron wondered if term limits would apply there.

A good question. If there were a policy on term limits, would it be a blanket policy? And, on the face of it, that would not seem to make sense.

Councilwoman Van Wirt jumped on that question, indicating that the prime ABC targets for term limits would be those that have the “power of the purse.”

A good response.

So President Waldron closed this thread agreeing and expressing that he was open to such a conversation.

A quick search indicates that the current Parking Authority Board Chair may have been in place since 2008, and one of the current Board members may have served since at least 2006.

to be continued . . .

 

Key moments in the reappointment discussion (2)

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Gadfly would like to go back to the significant thread from the February 4 Council meeting he was pursuing relating to Council’s important responsibility to approve appointments to the City Authorities, Boards, and Commissions (the ABCs).

Last Monday we focused on the dramatically contrasting views of Councilwoman Van Wirt and Councilman Callahan on the general role of Council in the approval process — Councilwoman Van Wirt arguing for close Council oversight of appointments and for citizen advocates as ABC members, Councilman Callahan arguing for acquiescing to the Mayor’s appointments except in exceptional circumstances.

This focus in their interaction regarding an appointment to the Bethlehem Authority was general, big picture. Later, in regard to the appointment to the Parking Authority, however, the focus was much narrower. Here according to Councilwoman Van Wirt was a specific ABC that was not functioning properly, not functioning openly in the best interest of the City, and visibly in need of the citizen advocate kind of representation that she advocated in her previous comments.

Councilwoman Van Wirt’s specific example was the August 28, 2019, meeting of the Parking Authority Board to approve the retail and residential element of the Polk Street garage. The BPA had asked the City to evaluate design proposals, an ad hoc city committee was appointed, and that committee reported in favor of one of the proposals. At the August 28 meeting the Board — with City ad hoc committee members present but unheard from and even unacknowledged — went into its two-minute drill (it actually “scored” in 1:50 according to time-keeper Gadfly’s precision calculation) and accepted the other proposal. Gadfly found the action rather outrageous and refers you to his “just had to get this off his chest” post in which he prints a statement he made before the Board at their September 25 meeting.

It’s a beaut.

  • The Parking Authority has a huge public perception problem.
  • The time has come for a community advocate to be appointed to the Parking Authority.
  • I would like to see somebody from the Southside even appointed to the Parking Authority.
  • There was nobody there [the vote on Polk Street mentioned above] who was listening to what the committee had to say.
  • This exemplifies exactly why I’m pushing and Olga’s pushing for community representation on that Board.
  • No discussion happened.
  • At least have a vigorous, informed discussion.
  • Nobody on that Board stuck up their hand and said anything.
  • It is not about [the nominee] personally, it is about the fact that the Board does not represent the needs of the citizens of Bethlehem.
  • It’s time to have new people on there.
  • There isn’t anybody putting their hand up and saying what about what’s best for the City and the citizens of Bethlehem.

Councilwoman Van Wirt was followed by Councilwoman Crampsie Smith, the newest member of Council. Laudably, recognizing the sensitivity of this appointment to this ABC, Councilwoman Crampsie Smith took initiative and talked with the nominee before the meeting. She was satisfied with her conversation and indicated she would vote for the nominee based on his reputation for integrity (well founded) and because of his experience on the Board with the Polk Street Garage development still in the works.

Gadfly applauds Councilwoman Crampsie Smith for making personal contact with the nominee, but the flaw in her reasoning that he sees is that there is no evidence of the nominee’s experience with, involvement with the deliberations on the Polk Street Garage. On what evidence of the nominee’s tenure on the Board besides attendance records did the Councilwoman have on which to base her judgment?

The answer is none. None was provided to her.

This has been Gadfly’s point.

Board members may be present at meetings, but you need to scratch hard to find any contributions they make. There is little or no visible indication of their thinking about, of their understanding of issues.

That’s why Gadfly has been asking for evidence based on performance when reappointments occur.

Without such evidence, it is not reasonable to assume that just because the nominee was “there” then that he will be valuable now and in the future.

Gadfly has been thinking a lot about this. He would like to say clearly with the Council people that he is not impugning the integrity of the reappointment nominees. They are good people. In the case of the Parking Authority, however, with which Gadfly is most familiar, Gadfly wonders if the “fault” is in the administrative style. Gadfly doesn’t sense that some Board members are invited to play significant roles. From Gadfly’s experience, there is not much discussion of issues, and decisions and directions seemed to be already decided and brought to the Board simply for a ratification vote.

There is voting but not discussion.

Gadfly’s been wondering if a different dynamic in the leadership of the Board would be beneficial.

to be continued . . .

The Judge files a complaint with the Mayor against the Chief of Police and the arresting officer in the marijuana matter

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This is the third post on an issue between the Bethlehem Police and a District Judge over the handling of a traffic stop of an Hispanic male that resulted in a marijuana charge and a subsequent November 14, 2019, conversation about it between the Judge and the arresting officer.

On November 20, the Bethlehem Police Department “lodged a complaint” with the Northampton County Court alleging that during that conversation the Judge accused the arresting officer of being a racist.

On November 29, the Judge described the events that led him to make a conscious choice to have a conversation with the arresting officer, but he denied accusing the officer of being a racist.

There follows a period of about three weeks during which we have no knowledge of what further, if anything, happens in regard to this issue.

Then, on December 20, the Judge makes a “formal complaint” to Mayor Donchez against Chief DiLuzio and the arresting officer. The Judge asks the Mayor to put a copy of the following letter “in their personnel files.”

Englesson to Donchez 12 20 19

The Judge cited the resistance of the arresting officer to the “constructive criticism” of his behavior during the incident and the “spurious complaint” filed by the Chief.

The Judge puts the City “on notice that the behavior of this officer, and the chief of police, is in danger of exposing the city to civil unrest among the Latino population, lack of cooperation with the police in their efforts to investigate crimes and protect the community, and, potentially, a civil rights lawsuit.”

The Judge references “yet another incident in which an Hispanic individual claimed to be harassed by the police [he does not claim that it was the same officer],” complained to the Chief about it, and never heard back from the Chief.

Serious matter.

Have you been reading and reflecting?

Are you ready to trade some thoughts on what we know?

The Judge responds to police concerns over conversation about a marijuana arrest

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Yesterday we posted a November 20, 2019, letter from Bethlehem Police Chief Mark DiLuzio, co-signed by Deputy Chief Scott Meixell, to the Northampton County Court administrator with concern about a November 14 conversation between District Justice Nicholas Englesson and two police officers regarding a traffic stop of an Hispanic male and subsequent marijuana charge, a conversation in which the arresting officer felt he was accused of being racist. Statements by the two officers dated November 15 were posted with the letter.

Judge Englesson replied to the Court in a letter of November 29. In that letter the Judge cites a November 26 phone call from the Court administrator in which he learned that the Bethlehem Police Department “lodged a complaint” alleging that he “accused an unnamed officer of being a racist.”

Judge Englesson’s November 29 letter (with a final section redacted) can be found here:

Englesson to Greene 11 29 19

The Judge describes the events that led him to make a conscious choice to have a conversation with the arresting officer, and he denies accusing the officer of being a racist.

Gadfly hopes you would agree that this is a serious matter. And that you will take the time to read and reflect on both letters.

Never enough H. D.! Thursday, February 13, 6:30-7:45, BAPL South Side

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Bethlehem-born writer Hilda Doolittle — H. D. —  (1886-1961) is
the “Lehigh Valley’s most important literary figure.”

Never enough H. D.!

HD discussion

And Mock Turtle Marionette Theatre’s original play The Secret about H. D., which premiered during Festival UnBound in October, returns April 2-5. Get your tickets early! Don’t miss!
Touchstone Theatre

Marijuana arrest the subject of a dispute between the police and a judge

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On November 20, 2019, Bethlehem Police Chief Mark Diluzio wrote to Northampton County Court Administrator J. Jermaine Greene about a conversation District Judge Nicholas Englesson had with two Bethlehem Police officers relating to a traffic-stop arrest of an Hispanic man for possession of a small amount of marijuana, an arrest that revealed an outstanding warrant for a man with the same name as a deported felon. Deputy Chief Scott Meixell co-signed the letter with Chief Diluzio. Further investigation at headquarters indicated that the man was not the subject of the warrant.

Chief Diluzio was concerned about the racial character of the Judge’s conversation with the officers in, it was claimed, such remarks to the arresting officer as “I don’t want you hassling citizens because they speak Spanish.” The arresting officer said he felt that he was being accused of being racist. The two officers present at the conversation with the Judge gave statements about the conversation.

The letter signed by the Chiefs and the statements of the two officers can be found here:

DiLuzio and Meixell to Greene 11 20 19

The Chief writes that “The Bethlehem Police Department serves a diverse population which includes a substantial number of citizens from the Hispanic community. The Department has always fostered a positive relationship with members of that community.”

Judge Englesson responded to the Chief’s concerns in a letter to Court Administrator Greene dated November 29, 2019. That letter will be printed here tomorrow.

The Mayor has provided a statement to Gadfly as follows: “The City Administration is well aware of the matter. It has been thoroughly reviewed internally. The matter is the subject of an ongoing non-criminal investigation. We caution you not to speculate as to the nature of the ongoing investigation. We caution you that it would be inappropriate to assume the truth of the allegations. We caution you that it would be inappropriate to assume there is good cause for the allegations. The City Administration will have no further comment because the information and evidence are subject to confidentiality under Pennsylvania law. ”

By “allegations,” Gadfly assumes the Mayor means allegations from both sides, for Judge Englesson has a side of the event too, as we will see tomorrow.

As usual, Gadfly recommends going to the primary sources. Withholding judgment till you hear all sides is a good thing.

There’s a significant Public Safety committee meeting March 3 at 5:30 in Town Hall on questions about the police application of our relatively new marijuana decriminalization ordinance. Both the Mayor and committee chair Michael Colon have indicated to Gadfly that the subject of Chief DiLuzio’s letter will not be discussed there.

Judge Englesson’s response tomorrow.

Remembering an American Dreamer

logo The Gadfly invites “local color” photos of this sort logo

Such pictures represent my only memories of my grandfather.

A man who followed the “American Dream” from mayor of a small town in what is now Slovenia to Bethlehem Steel and the opportunities it offered to him and his family.

Konkolics

Stephen F. Konkolics
1885-1968
circa 1930s

If it weren’t for the Steel and my grandfather’s desire for a better life where would I be?
Would I even be?
Looking at this picture I am grateful for the courage my grandfather had and the opportunities the Steel gave to those who had the courage to grab their future.

Melodie (Konkolics) Gallagher

Gadfly thinks Lehigh strikes out on the Packer proposal

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As you can see from the video in Gadfly’s previous post, at the February 4 Council meeting Lehigh presented three rationales for the Packer street vacation as it did January 23 at Broughal, but the rationales were not the same. Rationale #2 was different February 4. But rationales #1 and #3 were no stronger.

Lehigh presented “three major issues overlapping one another”:

1) safety of pedestrians:

Lehigh simply presented some facts about the number of Lehigh pedestrians who cross Packer Ave. The number is “substantial.” But the number of pedestrians crossing a street, even though huge, doesn’t logically prove there is a safety problem. What would prove there is a safety problem? Facts. Number of accidents. Number of injuries. Number of deaths. No data has been given. Where are the facts? Has the City recognized the central crossing of Packer as a danger? If so, why have they not recommended some remedy? Even if the data backs up a significant safety issue, have any number of other traffic calming tools been applied? Why go immediately to the most drastic option? The answer probably is that the three rationales are “overlapping,” and the most drastic option enables goal 3: a Packer Promenade of some sort. Without the successful completion of rationale #1, there can be no Promenade. Gadfly sees the promenade as Lehigh’s main goal.

2) the changing face of the Lehigh campus as it shifts downward toward Southside:

The downward shift is partly due to projects on campus but partly due to “our investment in the city.” Investment. That is, we have put money in. Note that this rationale #2 is not the same as the rationale #2 that was presented at Broughal. At Broughal, the stated rationale was “Better connecting Lehigh with South Bethlehem to have more [foot] traffic supporting the businesses” — the change is a recognition that no logical connection could be made between Packer open or closed and foot traffic at Southside businesses. Now no mention of impact on business is made. What is mentioned is money Lehigh has spent. That’s a big difference. Lehigh had to shift the argument. (Maybe they were reading Gadfly!)  And in the shift we find a bald quid pro quo (wheee!). Now Lehigh reminds the City of their “investment” in the Southside and their “partnership” in developing it. In effect, they are saying remember what we’ve done for you and with you. Now it’s time for you to do us a favor. In addition, there is the completely new element of opening up a “point of connection” with the Southside but not in the north-south direction of the prior rationale #2 but in an “east-west” direction. This is the first time we hear of an east-west connection with the Southside as a Lehigh or City goal. But what is there to connect east-west? North-south was connection with businesses and other understandable aspects of city life. What’s the point, function, goal of an increased east-west connection even if it could be shown that closing the street would effect one?

3) improving the pedestrian experience not only for the Lehigh community but the public at large:

Value for the Lehigh community is obvious. But for the public at large — which should be the Mayor and City Council’s prime concern — it is not. How much east-west “public” foot traffic is there? Gadfly is tempted to say virtually none. But are there any facts? Is there any data? There is no expansion on this third point. No rhetorical support. No elaboration. No description. No argumentation. No example. No persuasion.

Which for Gadfly adds up to no reason for City Council to approve even so preliminary and costless a step as a traffic study.

In Gadfly’s view, Lehigh has demonstrably not made a case with enough mental rigor for even a baby step to be taken toward closing Packer Ave.

It’s hard for Gadfly to see that closing Packer Ave. was on any City agenda in the same way as, say, refurbishing South New St. But let the case be made. Strongly. Before any action is taken.

(Gadfly wants to note among all his negativity that Lehigh indicated response to concerns about Broughal safety and expanding the area of the traffic study raised at the January 23 meeting, as well as commitment to shutting down the study/closure early if things aren’t working out. These are good things.)

to be continued . . .

In principle, making Packer a pedestrian space is a good idea

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Peter Crownfield is officially retired but spends most of his time working with students in his role as internship coordinator for the Alliance for Sustainable Communities–Lehigh Valley.

Gadfly:

In principle, I think making Packer a pedestrian space is a good idea and that most of the potential problems can be resolved. Unfortunately, I think “Lehigh sprawl” has already happened, with the development down to Morton Street — especially the new Health building — and the planned new building for the College of Business & Economics will extend this north of Morton.

There is a very big IF, though — if Lehigh won’t realize that what’s needed is far more than a “traffic study,” and that they need to commit to hiring an experienced consultant that is qualified to develop a plan that resolves the many concerns raised by the community. (The most pressing of which is probably a potential increase in vehicle traffic near Broughal MS.)

In addition, they need to really engage with the community to identify potential problems that haven’t even been discussed because many people haven’t been heard from.

It would be relatively easy for Lehigh to take community concerns seriously and to solve all the potential problems. Unfortunately, the historical record suggests they have little understanding or interest in this and will do as little as they can get away with.

Peter

Lehigh presents its Packer Ave. proposal a second time

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Lehigh University is asking the City to consider closing Packer Ave. between Vine and Webster. As part of the decision-making process, Lehigh is proposing a 45-day closure of that section of Packer beginning March 9 to test the impact on traffic.

Lehigh hosted a “community meeting” January 23 at Broughal Middle School and made a presentation at Council February 4. Council will vote March 3 on whether to enable the temporary street closing necessary to conduct the traffic study. The results of the study will be presented to the Mayor as part of his deliberation process. The Mayor has stated firmly that he has made no decision yet. If he decides after the traffic study to approve the road closure, Council will make the final determination.

Gadfly has posted over 30 times about this proposal, the last time “demanding that Lehigh make a strong case for closing Packer Ave.” “Demanding”! Your Gadfly is so pompous, isn’t he!

Gadfly spoke at City Council February 4, asking that Council withhold permission on March 3 to do the traffic study until Lehigh made a strong case for closing Packer Ave. Listen:

Why is Gadfly’s underwear so tight about this proposal?

As a historian, he is aware of Lehigh sprawl, aware of the bones of the lost neighborhood on which the north-Packer Lehigh campus rests. And he sees no sign that the current  Bethlehem community surrounding Lehigh has been much involved in deliberations. Gadfly is a community man, a neighborhood man.

As a rhetoric teacher, he is allergic to decisions made on weak, soft, slip-shod argument. He wants compelling argument. He wants mental rigor. He wants facts. He wants specifics. He wants to be persuaded. Packer Ave.’s been around since 1891. It’s a busy, beautiful, healthy street. It’s not the kind of derelict street that has been the subject of other street vacations Gadfly has seen during his tenure in office.

Gadfly is not demanding that Council completely reject the street closing. He’s asking they demand Lehigh make a compelling case. A case that compels them.

Gadfly is not against closing Packer Ave., far from it. He knows Lehigh would give us a masterpiece of a Packer Promenade. But he is afraid the Mayor may be in a political box. His goal of blurring the lines of campus and city is a good one. But simply because Lehigh can tick off its move into the Flatiron building and on to 3rd St, its funding of the Ambassadors and code enforcement officers, its aid in the development of New St. doesn’t make closing Packer Ave. a good idea. But it makes it a difficult idea about which the Mayor can say no if he wanted to.

To paraphrase a maxim from the legal world, if I were Lehigh I wouldn’t conduct a study I didn’t know the conclusion of.

Will the Mayor be able to say no (if he wants to) in this instance to the largest employer in the city, to an institution that brings the city national renown, and which is doing certifiable good for the City in other areas that align with the Mayor’s goals?

Say no? Even if he wants to. Gadfly doesn’t think so. And the Mayor may not want to.

A no is going to be hard for both the Mayor and Council. I think the answer is a foregone conclusion. I think the Mayor will recommend closing Packer Ave. after the traffic study. I think the decision will come to Council.

Gadfly would like mental rigor not political calculation or emotional beneficence to be guiding the decision.

It just so happens that a Lehigh contingent was in attendance at Council February 4 and made a presentation immediately after the Gadfly.

What timing!

Gadfly thinks the “show me” and slow down approach Gadfly took surprised Lehigh. They apparently are not Gadfly readers (not everybody in town reads Gadfly. Not yet, anyway)  and seemed unaware of his questioning. They did not alter their calm, descriptive approach even after hearing Gadfly challenge them to make a stronger case.

Listen to their presentation, and we’ll talk about it next time.

to be continued . . .

Tip o’ the hat to Nicole!

Gone!

Nicole

Gadfly sensed this coming in his meditative post ten days ago.

As far as we know now, Sara Satullo of lehighvalley.com is still on the Bethlehem beat.

But we have to do something to keep Gadfly, something like Gadfly, something besides Gadfly, or something better than Gadfly going.

When the same people are constantly re-appointed, it prevents new ideas and energy

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Gadfly,

I agree with your assessment on appointment vs. re-appointment.

I think the number one thing that should be assessed on a re-appointment is a board member’s attendance record. If there were, say, ten meetings each year, how many did the re-appointee attend over their term?

Second, should be the availability of other interested residents. Councilwoman Crampsie-Smith pursued this with the Mayor. The Mayor informed her that he receives resumes. Perhaps someone should have gone a step further and inquired about those resumes. How many do you have and how many have expressed an interest in serving on a particular board?

Make no mistake about it, this kind of service by residents is exemplary, and it truly is public service. However, when the same people are constantly re-appointed over decades, it prevents new ideas and energy from becoming part of the authority/board/commission landscape.

We complain about elected officials making careers out of their elected positions, so many want to see term limits instituted. Bethlehem’s Mayor is term limited. Other city elected positions should be. Certainly there should be at higher levels of government.

When it comes to the ABCs, perhaps those that have valuable talents could be moved to other boards so that additional utilization of those talents could be achieved across these other organizations as well, while bringing fresh blood into the boards.

Dana Grubb

Score one for the corner-store ordinance!

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Sara K. Satullo, “There’s a new corner bakery in Bethlehem.” lehighvalleylive.com., February 4, 2020.  (with lots of photos — thanks, Sara!)

Gadfly was thinking about the 2 W. Market case Saturday afternoon.

It’s been out of the news almost a month and won’t return till the decision of the Zoning Board February 26.

Gadfly was thinking about it because a new store opened in his neighborhood, a bakery — “Charlie’s Bakery” — at 1401 High, corner of High and Greenwich.

Why was Gadfly thinking about the majestic 2 W. Market in the historical district when a bakery opened in a modest location in the hinterlands?

Because it’s a corner store taking advantage of the relatively new corner-store ordinance specifically designed to return such properties to their former and original commercial use.

And because 2 W. Market is trying to take advantage of the relatively new corner-store ordinance to establish a business where there was never one.

Charlie’s Bakery is precisely the kind of use for which the corner-store ordinance was designed, a space historically commercial but turned residential being returned to its commercial use.

Gadfly’s 50-year-old kids still easily remember Miller’s store where a clerk who dispensed the candy was so much a “character” that she earned from them a (not so nice) nick-name.

One would think that anybody can see that the High St. building style (shaved corner entrance, side windows) on the left for which the corner-store ordinance was designed is not the same as the Market St. property. Anybody but our Zoning Board and City Council.

From all angles, the High St. building was obviously designed for first-floor commercial use.

We wish Charlie well. When Gadfly passed while taking his constitutional Saturday afternoon the store was closed, with two disappointed would-be patrons chatting outside.

026

SOLD OUT!

Music to the ears of the new businessman.

Good luck, Charlie

Key moments in the reappointment discussion (1)

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What were you thinking as you listened to the audio in the last post from the February 4 discussion on ABC reappointments at the Council meeting?

Gadfly thought this short 5-minute diametrically opposed interchange between Councilmembers Van Wirt and Callahan certainly a key moment.

Councilwoman Van Wirt argues for Council oversight of appointments and for citizen advocates as members, Councilman Callahan for acquiescing to the Mayor’s appointments except in exceptional circumstances.

Where do you stand? With whom do you side? How do you see it?

  • Councilwoman Van Wirt says the ABCs are a “huge source of power,” often a “cloaked power,” and asks for more citizen advocate types, perhaps people who represent a different geographic area or have a different point of view. She talks of Council’s obligation to represent the citizens, which may mean putting “new blood” on the ABCs — making clear (as everybody will do) that criticisms have nothing personal to do with the individuals nominated, who are to be thanked for their service.
  • Councilman Callahan says elections have consequences, the Mayor has prerogatives regarding appointments, Council should defer to the Mayor as a courtesy, and it’s hard to remember, except for this year, Council turning down mayoral nominees. He alludes to reasons that are more personal, perhaps political in questioning appointments.
  • Councilwoman Van Wirt answers that the Council’s role is oversight, to counterbalance the Mayor, and calls for representatives with different views and views not traditionally represented. “Just because we have been doing this for perpetuity does not mean it is the right way and should continue.”
  • Councilman Callahan calls again for respecting the Mayor’s decision and choice especially since there is no issue with this respected and experienced nominee.

Gadfly would point out two things:

1) There is a difference between appointment and reappointment. He can see going along with a mayoral “appointment” (a la Mr. Callahan) in the vast majority of the cases but would opt for strict oversight in “reappointment.”

2) He would hope the Mayor would agree with the kind of representation that Councilwoman Van Wirt advocates so that there would be no tension between them on the issue of the kind of person best serving the City on the hot-button ABCs.

Would you want to weigh in?

to be continued  . . .

Laying the foundation for discussing the process of reappointments to our Authorities, Boards, and Commissions

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So the issue of reappointments to the ABCs — the City’s resident-staffed Authorities, Boards, and Commissions that do so much vital City work — generated an interesting and important discussion that ranged through Council’s role in the process, the need for evidence for reappointment, the periodic need for new blood, and the possible value of term limits for members on certain ABCs.

You know that one of Gadfly’s goals is to help you know your Councilmembers better. Councilman Reynolds was absent (death of his father) and Councilman Colon made only one brief tangential comment, but discussion by the others elicited some clear examples of thought processes and distinguishing viewpoints.

Gadfly will break the discussion down into segments for emphasis and analysis in subsequent posts, but he always recommends going to the primary sources to form your own opinions first. So, to enable you to do that he has spliced together (awkwardly perhaps) the pertinent sections of the entire interesting and important discussion on reappointments.

Note that though there was contesting of the reappointment process, all mayoral nominations were approved, and all parties made clear that the nominees were good people who have given long service to the City — nothing negative was said against any nominee personally. To the contrary, they were thanked for service. We are talking about process not personalities here.

In fact, as prologue, you might want to listen to Gadfly’s public comment on this matter at the beginning of the February 4 Council meeting that sets up the discussion that follows by focusing on Council’s important oversight responsibility:

Ok, now here is the complete spliced-together commentary by Council members during the body of the meeting with a summary table of contents, if you will, for easy access and review.

There has been concern lately about Council dynamics and decorum. No problem here, thought Gadfly. There is strong passion but within limits. Especially notable is Councilman Callahan’s even manner and low-key tone. And though he walks up to the edge of personal comment at one point, he doesn’t “go there.” Well done.

What do you think are the key moments, the key parts of this discussion of reappointments of ABC members? Do a little homework, then c’mon back, and next time we’ll discuss.

  • In public comment, Gadfly argues for the need for evidence from performance for the reappointment votes coming up. He points out that approving ABC appointments is one of the three great Council responsibilities. He points especially to the Parking Authority. (See audio above too)
  • 3:50: the Mayor nominates someone for the Bethlehem Authority.
  • 4:10: Councilwoman Negron points out that the nominee has been around for a long time serving in many capacities and wishes in effect, for some new faces rather than recirculating the same people, “the same names floating around.”
  • 5:40: Councilwoman Van Wirt says the ABCs are a “huge source of power,” often a “cloaked power,” and asks for more citizen advocate types, perhaps people who represent a different geographic area or have a different point of view. She talks of Council’s obligation to represent the citizens, which may mean putting “new blood” on the ABCs — making clear (as everybody will do) that criticisms have nothing personal to do with the individuals nominated, who are to be thanked for their service.
  • 7:25: Councilwoman Crampsie Smith asks the Mayor about people wanting to be on the ABCs, about waiting lists, about current vacancies. The Mayor indicates there are few vacancies, he does have a list of interested people, and he has nominated that Bethlehem Authority nominee for his expertise.
  • 9:05: In response to President Waldron, Councilwoman Van Wirt clarifies that “lack of turnover” not the individual is the problem.
  • 9:30: Councilwoman Negron indicates we need to make a stronger effort to reach out to people. It’s time for “new blood.” New people rather than moving the long-serving people around.
  • 9:45: President Waldron sees nothing against this nominee, no reason to vote against him just to get new blood.
  • 11:40: Councilman Callahan says elections have consequences, the Mayor has prerogatives regarding appointments, Council should defer to the Mayor as a courtesy, and it’s hard to remember, except for this year, Council turning down mayoral nominees. He alludes to reasons that are more personal, perhaps political in questioning appointments.
  • 13:05: Councilwoman Van Wirt answers that the Council’s role is oversight, to counterbalance the Mayor, and calls for representatives with different views and views not traditionally represented. “Just because we have been doing this for perpetuity does not mean it is the right way and should continue.”
  • 13:47: Councilman Callahan calls again for respecting the Mayor’s decision and choice especially since there is no issue with this respected and experienced nominee.
  • 14:27: The Mayor nominates someone to the Parking Authority.
  • 14:45: Councilwoman Negron repeats the idea of Council role as check and balance and the obligation to the people to not just be a rubber stamp (while expressing dissatisfaction with the committee roles she’s been assigned on Council).
  • 17:00: Councilwoman Van Wirt focuses on the Parking Authority, which has a “huge public perception problem.” “The time has come for a community advocate to be appointed” and “even somebody from the Southside.” She makes a spirited explanation of her negative experience with and feelings about the Parking Authority.
  • 19:28: Councilwoman Crampsie Smith, sensitive to the importance of this appointment, indicates that she spoke with the nominee, elicited his awareness of the need for communication and transparency, and will vote for him because she thinks his experience on the Board and his good reputation will be good for the big things that are happening. Interestingly, she broaches the idea of turnover and even term limits.
  • 21: 18: President Waldron picks up the idea of term limits from Crampsie Smith as something he’s open to discuss, though not in terms of individual nominees now before Council but a policy that everybody can get behind.
  • 23:00: The mayor submits another nominee, this time for an ABC that is not a hot-button.
  • 23:20: President Waldron asks about the length of this nominee’s service on this “cool” ABC, which implicitly raises the question of whether all ABCs would have to be subject to term limits if we had them (which would seem absurd), questioning whether we need “new blood” on such committees as these (less likely).
  • 23:42: Councilwoman Van Wirt has an answer. It’s the ABCs “that wield the power of the purse” that would be focused on.
  • 24:27 President Waldron gets that point.

to be continued . . .