Two ethics complaints in limbo since June can be unsealed and processed because Luzerne County’s ethics commission appointed Attorney Qiana Murphy Lehman on Tuesday.
Murphy Lehman had resigned in May and recently expressed an interest in returning.
Under the county council-adopted ethics code, complaints must be opened and initially reviewed by an outside enforcement attorney contracted by the commission.
The code requires a panel of three attorneys who are not employed by the county and are selected through a public solicitation. They are supposed to be assigned on a rotating basis as complaints are lodged as an added check and balance, the code states. However, the three-attorney requirement is often unmet due to recruitment challenges, commission members have said.
Because Murphy Lehman was the lone enforcement attorney when she resigned in May, the complaints filed after her departure could not be unsealed and reviewed.
The commission had voted last month to keep publicly advertising the enforcement attorney post until all three positions are filled.
Attorney Nesta N. Johnson, principal of Nesta Rose Consulting in Wilkes-Barre, also has submitted a proposal seeking appointment.
Commission members agreed Tuesday they will publicly interview Johnson and vote on her appointment during their next meeting, tentatively scheduled for Oct. 16.
Enforcement attorneys are paid $225 per hour, with an annual cap of $25,000.
The solicitation seeking attorneys is posted in the county purchasing section at luzernecounty.org.
Four of five commission members approved the reinstatement of Murphy Lehman Tuesday, with several citing her past successful performance in the post: District Attorney Sam Sanguedolce, county Administrative Services Division Head Jim Rose and council-appointed citizens Ben Herring and Jay Notartomaso.
Commission Chairman Walter Griffith, the county’s controller, said he won’t vote for any attorneys because the decision was made to pay them from the county law office budget instead of allocating a separate budget for the commission.
Griffith said he will immediately contact Murphy Lehman so she can start processing the complaints.
Enforcement attorneys must recommend whether complaints should be dismissed or upgraded to formal complaints heard by the commission. This separation of duties was imposed after critics questioned the legality of the commission both investigating and adjudicating cases.
Complaint details are typically confidential unless the matter results in a commission finding or the complaint filer discloses the matter.
While the lack of an enforcement attorney has been addressed for now, Griffith said he has asked council’s code review committee to consider a proposed change recommended by the commission last month.
Commission members want council authorization to ask the county law office to appoint an attorney to unseal and perform an initial review of complaints if the commission has no enforcement attorney.