⚡︎ Independent, reader-supported & ad-free · Follow the megawatts in all 50 states ⚡︎ Support Us
The Docket · Government Meeting · DKT-2026-001311

On the agenda: Luzerne County meeting — data center (Feb 19)

Past  ⚠ Agenda Watch  Luzerne County, Pennsylvania · Thursday, February 19, 2026 — 7 months ago

About this record

The published agenda for this February 19 meeting contains: "data center". The meeting has passed; the record and its outcome live here permanently.

WhenThursday, February 19, 2026
Check the agenda document for the meeting time.
WhereLuzerne County, Pennsylvania
Money$62.3 was at stake
On the record“data center”

The agenda, word for word

Government public record — the full text of the published document, archived August 24, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

34 pages · scroll to read
Page 1 of 34

LUZERNE COUNTY COUNCIL
CODE REVIEW COMMITTEE
Thursday, February 19, 2026
Luzerne County Courthouse
200 N. River Street
Wilkes-Barre, PA 18701
6:00 PM

6:00 PM CALL TO ORDER
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
ROLL CALL
ADDITIONS/DELETIONS TO AGENDA
ADOPTION OF AGENDA
AGENDA ITEMS
1. Discussion on Proposed Development Division
2. Discussion on Government Study Commission Final Report
PUBLIC COMMENT
This is an opportunity for members of the public to address the Committee on any item within
the subject matter jurisdiction of the Committee. Each speaker shall have three (3) minutes to
address Council. Speakers may not yield or transfer their time to another speaker.
Those attending virtually are asked to refer to the Public Meetings Online page of County’s
Website at https://www.luzernecounty.org/1279/Public-Meetings-Online for more information
on how to participate in Public Comment via technology.
ADJOURNMENT

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 1 of 34

Page 2 of 34

No. 2026-___
ORDINANCE
An Ordinance of the County of Luzerne Amending Article VI of the Administrative Code in
Accordance with the Home Rule Charter of Luzerne County Creating the Division of
Infrastructure, Community and Economic Development
WHEREAS, the Home Rule Charter of Luzerne County at Article IV-Administrative Code,
Section 6.04-Organization of the Executive Branch- stipulates the initial structure and organization
of the various divisions of the of the Executive Branch shall be provided for in Section 12.07 Initial Structure and Organization of the Executive Branch of the Charter; and
WHEREAS, on June 19, 2012, the County Council passed Ordinance 2012-5, which
adopted an Administrative Code with an effective date of July 19, 2012; and
WHEREAS, Section 6.02 of the Luzerne County Home Rule Charter states, “County
Council may amend the Administrative Code by Ordinance;” and
WHEREAS, Section 2.09(B)(3) of the Luzerne County Home Rule Charter gives County
Council the power to create, combine, alter, and/or abolish any County division, department,
bureau, office, agency, other administrative unit, authority, board or commission and the functions,
powers, and duties thereof; and
WHEREAS, the Luzerne County Manager recommends amending the Administrative
Code at Article VI to create the Division of Infrastructure, Community and Economic
Development; and
WHEREAS, Luzerne County Council desires to amend the Administrative Code at Article
VI to create the Division of Infrastructure, Community and Economic Development for the
purpose of increasing efficiency for certain pre-existing departments, as well as, incorporating
additional new related duties and functions which the County is responsible for as set forth below.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by Luzerne County Council
as follows:
SECTION ONE. Incorporation of Preamble.
The provisions set forth above in the preamble of this Ordinance are incorporated herein
by reference in their entirety.

Luzerne
Code
Review
Committee
Meeting
February 19, 2026
Page
2 of224
34
LuzerneCounty
CountyCouncil
Council
Work
Session
January
13, 2026
AGENDA Page
44 of

Page 3 of 34

SECTION TWO. Amendment to Create Section 6.09. of the Administrative Code.
Section 6.09 – Division of Infrastructure, Community and Economic Development
A. Function of the Division
The Division of Infrastructure, Community and Economic Development will oversee
planning, zoning and GIS, grant writing, community development, tourist promotion and
any other powers, duties, programs, services or functions that may be assigned in
compliance with the Charter or the Administrative Code.
B. Division Head
The Division of Infrastructure, Community and Economic Development shall be headed
by a Division Head who shall be appointed by the County Manager, subject to confirmation
by County Council, and who shall serve at the pleasure of the County Manager. The head
of the Division shall be responsible to the County Manager for the proper performance of
the Division.
C. Responsibilities of the Division
The Division of Infrastructure, Community and Economic Development shall have the
responsibility to:
1. Enhance intergovernmental cooperation between the Commonwealth, Luzerne County,
its municipalities, and related economic development entities therein.
2. Develop future focused strategies to enhance the quality of life for residents of Luzerne
County.
3. Assist with projects that enhance regionalization of services or provide a regional
impact.
4. Implement planning and zoning procedures and regulations.
5. Support county and/or regional planning efforts, emergency management, and
economic development through GIS mapping efforts.
6. Support grant-writing activities.
7. Manage community development programs.
8. Direct tourism promotion efforts.
9. Perform any other powers, duties, programs, services, or functions that may be assigned
by the Administrative Code or the County Manager.
D. Organization of the Division
The Division of Infrastructure, Community and Economic Development shall be
organized as follows:

Luzerne
Code
Review
Committee
Meeting
February 19, 2026
Page
3 of224
34
LuzerneCounty
CountyCouncil
Council
Work
Session
January
13, 2026
AGENDA Page
45 of

Page 4 of 34

1. Division Head
2. There shall be a Department Head assigned to each Department who reports directly
to the Division Head.
3. Office of Community Development
4. Luzerne County Convention and Visitor Bureau
5. GIS and Mapping Department
6. Planning and Zoning Department
a. Planning and Zoning
b. Solid Waste/Recycling Office
E. Responsibilities of the Departments
1. Office of Community Development
a. The Office of Community Development shall undertake the development
of liable communities through the provision of decent housing, a suitable
living environment, and expanded economic opportunities that will lead
to an improved quality of life for Luzerne County residents through the
administration of community development grant programs.
b. The Office of Community Development shall be responsible for
administering the Community Development Block Grant program
(CDBG), the HOME Investment Partnership program (HOME), the
Emergency Solutions Grant program (ESG), the Housing Trust Fund, as
well as other federal and state grant programs as authorized.
2. Luzerne County Convention and Visitors Bureau
a. The Luzerne County Convention and Visitors Bureau works to foster
economic development and to increase the number of visitors to Luzerne
County utilizing a comprehensive marketing program including
advertising, promotion, and excellent customer service.
b. The Luzerne County Convention and Visitors Bureau is dedicated to
creating and executing dynamic marketing campaigns that attract visitors
to the area while promoting its rich attractions and assets to both residents
and tourists. The Bureau consistently highlights Luzerne County as an
exceptional place to live, work, and play, working in close collaboration
with local Chambers of Commerce to showcase the region as a vibrant
hub for business. It supports visitors and locals alike by providing
comprehensive information on theaters, arenas, trails, natural and historic
sites, as well as dining and entertainment options. The Bureau also
maintains a growing network of recreation and tourism partners, oversees
the official website and social media platforms, and actively
communicates promotional opportunities and upcoming events to its
members and broader database. In addition, the Bureau encourages

Luzerne
Code
Review
Committee
Meeting
February 19, 2026
Page
4 of224
34
LuzerneCounty
CountyCouncil
Council
Work
Session
January
13, 2026
AGENDA Page
46 of

Page 5 of 34

meetings, conventions, and sporting events to choose Luzerne County as
their destination, while keeping its Board informed through regular
updates on departmental activities, finances, and marketing strategies.
3. GIS/Mapping Department
a. The GIS/Mapping Department shall be responsible for the administration,
integrity, supervision, and operation of the Luzerne County GIS/Mapping
Department and the proper performance of the office.
b. The GIS/Mapping Department serves to provide professional Enterprise
Geographic Information Services to both the general public and numerous
internal departments within Luzerne County. The primary department
function is to maintain the integrity, accuracy and availability of critical
Enterprise Geographic Information Systems for use by both the County
and the public.
4. Planning/Zoning Department
a. The Planning and Zoning Department shall provide planning and zoning
services to Luzerne County municipalities and residents with the
assistance of the Luzerne County Planning Commission.
b. The Luzerne County Planning Department is responsible for carrying out
the administrative duties of the Luzerne County Planning Commission in
accordance with the Pennsylvania Municipalities Planning Code and
promoting regional planning throughout Luzerne County.
c. This Department is responsible for coordinating planning initiatives and
data collection for the Lackawanna-Luzerne Transportation Study
Metropolitan Planning Organization, ensuring effective regional
transportation strategies.
d. The department shall oversee the facilitation of development rights
purchases from qualifying agricultural properties through the State
Farmland Preservation Board, supporting farmland conservation efforts.
e. Management the County’s Solid Waste Program to ensure full compliance
with state environmental regulations.
SECTION FOUR. Effective Date.
This Ordinance shall take effect on the fifteenth (15th) day following its enactment.

Luzerne
Code
Review
Committee
Meeting
February 19, 2026
Page
5 of224
34
LuzerneCounty
CountyCouncil
Council
Work
Session
January
13, 2026
AGENDA Page
47 of

Page 6 of 34

SECTION FIVE. Repealer.
Any Resolution or Ordinance or County Code or parts thereof that conflict with or are
inconsistent with this Ordinance are hereby repealed.
This Ordinance shall become effective 15 days after adoption.
ADOPTED at a meeting of the Luzerne County Council held on ___________________.
LUZERNE COUNTY COUNCIL
By:___________________________
Jimmy Sabatino, Chair
ATTEST:______________________
Sharon Lawrence, Clerk of Council

By:___________________________
Brittany Stephenson, Vice Chair

Luzerne
Code
Review
Committee
Meeting
February 19, 2026
Page
6 of224
34
LuzerneCounty
CountyCouncil
Council
Work
Session
January
13, 2026
AGENDA Page
48 of

Page 7 of 34

Luzerne County
Economic Overview
August 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 7 of 34

Page 8 of 34

Table of Contents
Economy Overview ........................................................................................................................................................ 3
June 2025 Labor Force Breakdown ................................................................................................................................ 4
Educa�on Atainment .................................................................................................................................................... 4
Business & Industry ....................................................................................................................................................... 5
Jobs & Workforce........................................................................................................................................................... 7
Quality of Life............................................................................................................................................................... 10

Page | 2
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 8 of 34

Page 9 of 34

Economy Overview
329,289

157,034

$62.3K

Popula�on (2024)

Total Regional Employment

Median Household Income (2023)

The popula�on grew by
11,851 over the last 5 years and is
projected to grow by 10,952
(3.3%) over the next 5 years.

Median household income
is $16.2K below the na�onal
median household income of
$78.5K.

Jobs are projected to grow by
1,342 over the next 5 years.

Takeaways

As of 2024 the region's popula�on increased by 3.7% since 2019, growing by 11,851. Popula�on is
expected to increase by 3.3% between 2024 and 2029, adding 10,952.

Concerning educa�onal atainment, 15.3% of Luzerne County, PA residents possess a Bachelor's
Degree (6.2% below the na�onal average), and 11.0% hold an Associate's Degree (2.2% above the na�onal
average).

The top three industries in 2024 are Warehousing and Storage, Restaurants and Other Ea�ng Places, and
Educa�on and Hospitals (Local Government).

Popula�on
(2025)

Labor Force (Jun
2025)

Jobs
(2024)

Cost of
Living

GRP

Imports

Exports

Region

331,326

161,003

157,034

97.9

$20.3B

$23.7B

$24.8B

State

13,001,963

6,541,349

6,666,407

101.8

$1.0T

$814.3B

$921.7B

Page | 3
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 9 of 34

Page 10 of 34

June 2025 Labor Force Breakdown

Takeaways


More females than males are unemployed.
More Whites than non-White are unemployed
Ages 35-44 are the largest age demographic of the unemployed.

Educa�on Atainment

Takeaways

Higher educa�on atainment has been increasing in Luzerne County.
Associate Degrees surpass the state average

Page | 4
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 10 of 34

Page 11 of 34

Business & Industry

GDP growth has con�nued since 2017. There is year-over-year growth in Luzerne County.

Page | 5
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 11 of 34

Page 12 of 34

Takeaways
Page | 6
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 12 of 34

Page 13 of 34




Many new developments in Luzerne County industrial parks and expansion of parks themselves.
Mul�ple new data centers are evalua�ng sites in Luzerne County and some have confirmed development.
Adap�ve reuse of downtown buildings in Wilkes-Barre is expanding housing.
New mixed-use facility development underway in a closed manufacturing site in Dallas.

Jobs & Workforce

21,895 Companies Employ Workers
Online profiles for workers men�on 21,895 companies as employers, with the top 10 appearing below. In the last
12 months, 3,140 companies in Luzerne County, PA posted job pos�ngs, with the top 10 appearing below.

Page | 7
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 13 of 34

Page 14 of 34

Page | 8
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 14 of 34

Page 15 of 34

Page | 9
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 15 of 34

Page 16 of 34

Takeaways


Luzerne County has seen considerable job growth over the last decade.
Logis�cs, Manufacturing, and Health Care are drivers and provide a consistent and diversified founda�on.
Luzerne County is developing a data center industry.

Quality of Life

Violent crimes are 1.64 per 1,000 people, less than half the na�onal average of 3.54.
Property crime rate is 9.6 per 1,000 people, which is just over half the na�onal rate of 18.02.
Former strip mine receives $6.7 million for land reclama�on and park development.
County is home to a community college, two public universi�es, three private universi�es, and a satellite campus of
a technology college. It also has three career and technical centers and a magnet high school.
The county hosts three major health systems, a prominent performing arts center, a racetrack, and a casino. There
are numerous golf courses, hiking trails, and lakes. Tourism is a vital economic sector, with visitor spending
exceeding $1 billion annually.
Addi�onally, the county features an interna�onal airport with a foreign trade zone on its northern edge and two
small private airports. The airport is receiving $6.2 million in grants for upgrades.

Sources:


The Institute Data Dashboard - The Institute
Penn’s Northeast
Lightcast Labor Market Data

Page | 10
Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 16 of 34

Page 17 of 34

Final Report and Recommended
Home Rule Charter of the
Luzerne County Government
Study Commission
July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 17 of 34

Page 18 of 34

1

Table of Contents
Luzerne County Government Study Commission ........................................................... 3
Ballot Question .......................................................................................................... .' ..... 3
Luzerne County Home Rule Referendum ....................................................................... 3
Purpose of Luzerne County Home Rule and Summary of Recommendations ................ 4
Introduction _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4
Building a Flexible, Resilient Charter _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4
Key Challenges and Solutions
4
Challenge 1: Llmited Council Authority to Address Emerging Issues ............................................. 4
Challenge 2: Structural Issues Lacked Clear Remedies ....................................................................... 5
Challenge 3: Fiscal Procedures Needed Refinement.. ......................................................................... 5
Challenge 4: Ethics and Citizen Participation Needed Updating ...................................................... 5
Challenge 5: Legal Inconsistencies and Ambiguities ........................................................................... 5
Why Reduce the Size of County Council?
6
1. Improved Efficiency and Coordination ............................................................................................ 6
2. No Change in Council Powers ........................................................................................................... 6
3. Proportional Majority Control. ........................................................................................................... 6
4. Greater Public Accountability ............................................................................................................ 6
5. Proven Model. ....................................................................................................................................... 6
Empowering Council to Govern _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7
Conclusion: A Charter for the Future

7

Government Structures Maintained ................................................................................. 7
Summary of Proposed Luzerne County Home Rule Charter Changes ........................... 7
Commission Study Process .......................................................................................... 10
Luzerne County Council Transition Schedule and Recommendation ........................... 11
Transition Committee ............................................................................................................................ 11

Treasurer's Report ........................................................................................................ 12
Certification ...........................................·....................................................................... 13

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 18 of 34

Page 19 of 34

2

To the Residents of Luzerne County,
In 2010, Luzerne County voters adopted the current Home Rule Charter, ushering in significant
reforms to county governance. These changes included the creation of an 11-member County
Council, the appointment of a professional county manager, and a range of measures aimed at
increasing transparency and accountability. \v'hile the charter has generally been seen as a success,
complications have arisen as a result of ambiguity in some areas and rigidity in others.
In 2016, Luzerne County voters approved by referendum an amendment with respect to the
charter's restrictions on former members of county authorities. By 2023, it became evident that the
charter needed more thorough updating. In response, the Luzerne County Council approved a ballot
initiative to form a new Government Study Commission. Voters elected the commission in April
2024, tasking it with reviewing and potentially revising the existing charter.
Following a comprehensive review, the commission concluded that revisions were necessary. It then
developed a forward-looking charter that simplifies the current document, resolves inconsistencies,
and addresses structural challenges that have emerged over time.
On November 4, 2025, voters will decide whether to adopt this proposed new charter.
The updated charter represents a thoughtful evolution of county governance. It proposes a more
streamlined County Council with enhanced responsibilities and tools, strengthens ethical standards
for all county officials and employees, and expands opportunities for public engagement. It also
modernizes legal structures, including the creation of one of only two Public Defender Advisory
Boards in the state, safeguarding the independence and integrity oflegal services in the county.
These changes are not just procedural, they are foundational. They aim to build a government that is
more efficient, responsive, and aligned with the values and needs of Luzerne County residents.
Adopting this charter is not about rejecting the past-it's about building on it with clarity, purpose,
and a renewed commitment to public se1-vice.
We encourage all residents to review the proposed charter and final report, and to support this
initiative to help shape a smarter, stronger future for Luzerne County.

Respectfully submitted,
The Luzerne County Government Study Commission

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 19 of 34

Page 20 of 34

3

Luzerne County Government Study Commission
Elected April 23, 2024
Commission Members

Staff

Ted Ritsick, Chair

Curtin & Heefner LLP, solicitor

Vito Malacari, Vice Chair

Attorney Joseph Khan, C&H

Matt Mitchell, Secretary

Attorney Brendan Flynn, C&H

Cindy Malkemes, Treasurer

County Clerk Sharon Lawrence, support

Tim McGinley

Pennsylvania Economy League, consultant

Mark Shaffer

Lynne Shedlock, PEL

Stephen J. Urban

Patricia Moorhead, PEL
Committees

Meetings

Executive Branch: Tim McGinley, Stephen Urban,
Cindy Malkemes

2024: 15 Regular and Special Public Meetings

Judicial Branch and DA: Vito Malacari and Matt
Mitchell

2025: 22 Regular and Special Public Meetings

Legislative Branch and Controller: Ted Ritsick and
Mark Shaffer

2025: Two Public Hearings

Ballot Question
The following ballot question and plain English statement will be placed on the ballot November 4,
2025, for your approval.

Luzerne County Home Rule Referendum
Shall the Home Rule Charter of the County of Luzerne be repealed and the form of government
recommended in the report of the government study commission, dated July 28, 2025, be adopted
as authorized by the Home Rule Charter and Optional Plans Law?
A "yes" vote means that you are voting to adopt the proposed Home Rule Charter for Luzerne
County, which will change the existing form of government. A "no" vote means you favor retention
of the current Home Rule Charter form of government.

YES
NO

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 20 of 34

Page 21 of 34

4

Purpose of Luzerne County Home Rule and Summary of Recommendations
Introduction
The Commonwealth of Pennsylvania authorizes several forms of local government, including
counties, townships, boroughs, and cities. It also allows municipalities to adopt home rule, granting
them broader self-governance. Under home rule, a municipality can act in any way not expressly
prohibited by the U.S. Constitution, the Pennsylvania Constitution, or state law.

In 2010, following a period of corruption and financial mismanagement, Luzerne County voters
chose to adopt home rule. They approved a Home Rule Charter that introduced a new government
structure featuring a larger Council, an appointed county manager, and reforms aimed at increasing
transparency, accountability, and public participation.
\v'hile the charter has generally been seen as a success, some of its provisions have led to legal and
procedural complications. In response, the Luzerne County Counc,il voted in 2023 to place a
referendum on the April 2024 ballot to consider forming a new Government Study Commission.
Voters approved the measure, and the commission began its work in May 2024.
After months of public input and analysis, the commission concluded that although the current
charter has strengths, it also contains legal ambiguities, outdated processes, and structural
inefficiencies. To address these issues, the commission drafted a revised charter.
A key reform in the proposed charter is reducing the County Council from 11 to 9 members. This
change is not about shifting power but about reorganizing it to enhance efficiency while maintaining
transparency and public oversight and better engaging citizens in the work of County Council.

Building a Flexible, Resilient Charter
A well-designed charter should function like a resilient structure-flexible enough to adapt to
change, yet strong enough to maintain integrity. Just as bridges are engineered to bend under
pressure, a charter must be able to respond to:

Sudden crises

Evolving community needs

Shifting legal and economic landscapes

This revised charter introduces mechanisms that promote adaptability, such as requiring a "majority
plus one" vote for structural changes. These safeguards encourage thoughtful coalition-building
while preserving stability and continuity.

Key Challenges and Solutions

Challenge 1: Limited Council Authority to Address Emerging Issues
The original charter placed constraints on Council's ability to respond quickly to outdated policies,
financial mismanagement, or oversight failures.
Solution: A More Active Council Role

Reduces Council size from 11 to 9 members for more focused, agile decision-making

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 21 of 34

Page 22 of 34

5

Requires regular review and adoption of the Ethics and Administrative Codes

Expands Council's oversight of personnel decisions made by the County Manager

Introduces new tools for Council to address problems in real time, with safeguards such as a
"majority plus one" vote for key changes

Challenge 2: Struc(ural Issues Lacked Clear Remedies
The charter lacked mechanisms to address structural problems-such as those in the Ethics Code or
Elections Board-without convening a new study commission.
Solution: Built-In Structural Flexibility

Empowers Council to make targeted reforms without requiring a new charter

Clarifies roles and responsibilities of oversight bodies

Strengthens the Accountability, Conduct, and Ethics Commission and Code with increased
transparency and reporting requirements

Challenge 3: Fiscal Procedures Needed Refinement
\v'hile the charter's fiscal policies helped reduce debt, minor improvements could enhance financial
oversight.
Solution: Increased Fiscal Responsibility


Establishes a mandatory county reserve fund
Tightens controls on mid-year spending

Extends the timeline for public hearings and Council approval of the annual budget

Permits the creation of a County Jail Oversight Board to protect the county from liability

Challenge 4: Ethics and Citizen Participation Needed Updating
The charter aimed to promote ethics and public engagement but lacked clear procedures for
updating these policies over time.
Solution: Stronger Ethics and Citizen Involvement

Protects whistleblowers and penalizes intimidation and retaliation

Increases public input on ethics policies and other key areas

Increases the number of citizens on the Accountability, Conduct and Ethics Commission
and requires citizen input on a new Accountability, Conduct and Ethics Code
Maintains and strengthens the Ethics Commission's role and reporting obligations

Challenge 5: Legal Inconsistencies and Ambiguities
Some charter sections were unclear or conflicted with state law, particularly regarding the office of
the District Attorney and the Public Defender.
Solution: A Modernized Legal Framework

Resolves conflicts with state law

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 22 of 34

Page 23 of 34

6


Clarifies the role of the Board of Elections and empowers Council to make necessary
changes
Protects the independence and confidentiality oflegal offices, including the Office of Law
and the Public Defender

Establishes a Public Defender's Advisoiy Council-only the second of its kind in
Pennsylvania

Clarifies language around term limits and powers and duties of attorneys

Why Reduce the Size of County Council?

1. Improved Efficiency and Coordination
Smaller councils reduce communication overhead and improve decision-making. Luzerne County's
frequent turnover has hindered institutional knowledge and individual impact. A nine-member
Council:

Simplifies coordination
Sharpens accountability


Clarifies responsibilities
Encourages deeper engagement

2. No Change in Council Powers
This change affects only the number of representatives-not their authority. All transparency, ethics,
and public meeting requirements remain intact.

3. Proportional Majority Control
A simple majority remains the threshold for passing most legislation-six of 11 vs. five of nineensuring no individual gains disproportionate influence.

4. Greater Public Accountability
\v'ith fewer members, each vote carries more weight and visibility. This reduces the risk of
backroom deals and makes it easier for the public to monitor Council actions.

5. Proven Model
Lehigh and Northampton County, the two home rule counties that are closest in size and
geographically closest to Luzerne County are both governed by nine-member County Councils.
Other home rule counties operate effectively with five or seven Council members or commissioners.
These smaller bodies often experience:

More focused governance

Less gridlock

Stronger individual accountability

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 23 of 34

Page 24 of 34

7

Empowering Council to Govern
Many of the issues raised during this review are arguably already within Council's power to address
through ordinances and code changes. This new charter ensures future Councils can act decisively
and cost-effectively-without needing another study commission.
It provides the tools, the framework, and the flexibility for Council to govern effectively. It is a
mandate for elected officials to make tough decisions, enact sound policies, and remain accountable
to the people of Luzerne County.

Conclusion: A Charter for the Future
This charter is not about concentrating power-it's about cladfying it. It makes local government
leaner, more responsive, and easier to hold accountable. The power remains where it belongs: with
the voters. Reducing the size of Luzerne County Council is a strategic step toward smarter
governance. It reflects lessons from the past and prepares us for a more adaptable, resilient future.

Government Structures Maintained
The commission deliberated numerous changes but, in some cases, decided to remain with the
existing charter structure. For example, the commission discussed the merits of electing Council
members by distdct, or a combination of distdct and at-large, but ultimately kept the at-large
structure. Maintaining citizen representation on the Board of Election and Ethics Commission, as
well as term limits for elected officials, was a high priodty for certain members and is reflected in the
provisions that were retained.


At-Large County Council
Appointed Manager
Citizen Volunteer Board of Elections 1

Ethics Code and Ethics Commission

Resign to Run for Office (DA, Controller, Clerk)


Term Limits
Non-Interference Language

Summary of Proposed Luzerne County Home Rule Charter Changes
Article II Legislative Branch/ County Council
• Reduces County Council from 11 to nine members
• Clarifies language on term limits, resign to run, and cooling off period for County Council.
• Increases minimum Council salary from $8,000 to $10,000
• Reduces number of affirmative votes needed to introduce legislation from four to three.
• Permits Clerk to assist other county entities and permits division heads to serve as subject
matter experts and ex officio members of Council committees

t Unless and until changed by an ordinance passed by a supermajority vote of County Council

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 24 of 34

Page 25 of 34

8

Article III Other Elected Officials
• Clarifies resign to run language, cooling off period, and term limits for controller and DA
• To avoid conflicts with state law and retain institutional knowledge, streamlines provisions
relating to DA, permits current DA to contract with the former DA if expertise is needed,
and provides for a one time only, transitionary term limit reset for controller and DA
• Requires that an entity audited by the controller promptly outlines how it intends to
implement any recommendations to which it has agreed.
Article IV Executive Branch/ County Manager
• Clarifies county manager search committee to include no more than seven members,
including citizen voters from different political parties and up to two Council members
• Permits Council to appoint an interim county manager for up to 18 months
• Changes minimum manager compensation from 55 percent of DA salary to 75 percent
• Requires manager to have approval of three Council members to propose legislation
• Manager must explain suspensions of division heads to Council
• Removal of county solicitor and chief public defender by manager requires Council approval
Article V Budget and Finance
• Provides additional time for a public hearing and Council approval of the annual county
budget
• Clarifies that transferred funds cann()t be used to create new positions or grant raises
• Mandates creation of a county reserve fund
Article VI Administrative Code
• Gives Council the charge to ratify or amend the existing Administrative Code within nine
months of charter taking effect
• Clarifies that a deputy county manager is not permitted
Article VII Personnel System
• Clarifies definitions of career, exempt and state civil service positions
Article VIII Authorities, Boards and Commissions
• Permits those with a county relationship to serve on Authorities, Boards and Commissions if
the nature of interests and relationship is provided in writing and reported in public
• Adds language that boards and commissions shall observe the highest standards of ethics
and professionalism
• Clarifies Board of Election powers to make consistent with state election law
• Requires Board of Election members to be in same party for three years instead of five
• Makes optional the provision that the Board of Election's fifth member must serve as chair
and allows members to select a vice chair and secretary
• Permits changes in the administrative code to amend Board of Election's currentterm
lengths and prohibitions
• Allows Council to modify, amend or eliminate provisions of the Administrative Code
governing the Board of Elections with a majority vote plus one
• Provides for alternate members of the Board of Tax Assessment and clarifies vacancy
procedure

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 25 of 34

Page 26 of 34

9

Permits manager to appoint a designee to Retirement Board rather than serve themselves,
eliminates the finance director and adds a county registered voter

Removes manager from the Joint Airport Board

Requires establishment of a Public Defender Advisory Board and permits establishment of a
County Prison Oversight Board.
Article IX Accountability, Conduct and Ethics

Clarifies that the ACE Code does not eliminate any requirements under the State Ethics Act

Gives County Council the authority to adjust the applicability of the county Ethics Code to
the judiciary
Increases the number of citizens on the Accountability, Conduct and Ethics Commission
from two to four.


Permits Council to change the composition of the ACE Commission after two years with
vote of majority plus one

Creates ACE Code advisory committee comprised of five to seven members with three
Council members and two registered voting members of different political parties.

Requires Council to vote to amend the ACE code in consultation with the advisory
commission within 23 months after effective charter date
Mandates Council either ratify or amend the ACE code every two years thereafter


Requires penalties for intimidation and retaliation against anyone participating in an Ethics
Commission investigation

Provides that Council receives the conclusions and recommendations on all complaints from
the Ethics Commission as well as an annual report that must be included on Council's
agenda with an allowance for public comment.
Article X Initiative and Referendum

Reduces threshold for initiative petitions from ten percent of gubernatorial election voters to
five percent
Article XI General/Miscellaneous Provisions

Clarifies that Council can appoint administrative, clerical and legal support on a part-time or
full-time basis

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 26 of 34

Page 27 of 34

10

Commission Study Process
The Luzerne County Government Study Commission held its inaugural meeting on May 20, 2024,
during which officers were elected: Chairman Tim McGinley, Vice Chairman Vito Malacari,
Secretary Ted Ritsick, and Treasurer Cindy Malkemes.

In the following meetings, the commission adopted bylaws, appointed a Solicitor, Right to Know
Officer, and consultant and established various committees. Public comment periods were included
for both agenda and non-agenda items at each meeting, with emailed comments read aloud and
entered into the official record. Regular public meetings were held on the first and third Thursday at
6 p.m. in the Luzerne County Council Chambers at the Luzerne County Courthouse, 200 North
River St., Wilkes-Barre, with both in-person and virtual attendance options available.
During the study phase, the commission gathered extensive input from elected and appointed
officials, as well as the public, regarding the strengths and weaknesses of the current Home Rule
Charter.
Testimony was provided by a wide range of individuals, including County Manager Romilda
Crocamo, County Council Chair John Lombardo, Vice Chair Brian Thornton, Council Member
Jimmy Sabatino, Election Board Chair Denise Williams, District Attorney Samuel Sanguedolce,
Controller Walter Griffith, former study commission members and former consultants. Public
comments from residents were also carefully considered.
The commission received legal guidance and charter drafting support from Attorneys Joseph Illian
and Brendan Flynn of Curtin & Heefner, LLC. The Pennsylvania Economy League Central, a
nonprofit public policy organization, contributed research-particularly comparative analysis of
other county home rule charters. Additional research was conducted on topics such as district-based
versus at-large representation, as requested by the commission and Solicitor Illian.
On October 17, 2024, the commission voted to proceed with drafting a new Home Rule Charter for
Luzerne County.
Throughout the drafting process, the commission engaged in extensive deliberations, revising
language multiple times to reach majority consensus on proposed changes. Testimony from current
and former officials, along with public input, played a central role in shaping the final draft. All
decisions on charter language were made by majority vote.
The commission held two public hearings in different areas of Luzerne County to allow for broad
public participation. The first public hearing was June 17, 2025, at 6 p.m. in the Luzerne County
Operations Building in Wyoming Borough. The second was July 9, 2025, at 6 p.m. in the Hazle
Township Commons Building in Hazle Township.
At the March 6, 2025, meeting, Chairman Tim McGinley stepped down from his leadership role but
remained on the commission. New officers were elected: Ted Ritsick as Chairman, Vito Malacari as
Vice Chairman and Matt Mitchell as Secretary. Cindy Malkemes continued as Treasurer.

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 27 of 34

Page 28 of 34

11

Luzerne County Council Transition Schedule and Recommendation

Transition Committee
In order to facilitate a smooth and effective transition to the new form of government, the Luzerne
County Government Study Commission recommends that Luzerne County Council upon the
effective date of this Home Rule Charter form a Transition Committee to oversee its
implementation. The committee shall include three members of the Luzerne County Government
Study Commission and two members of Luzerne County Council. The committee shall meet
quarterly over the following 23 months to ensure that the transition components of the proposed
charter are followed.

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 28 of 34

Page 29 of 34

12

Treasurer's Report
The Luzerne County Government Study Commission approved a 2024 budget of $75,000 and a
2025 budget of $185,000, with funds provided by Luzerne County. All expenses have yet to be
determined but will fall within approved budget limits.
Luzerne County also provided in-kind contributions including the use of Luzerne County Council
Chambers for meetings and the Luzerne County Operations Building in Wyoming Borough for a
public hearing. In-kind meeting space was also provided by Hazle Township for the commission's
second public hearing.

Solicitor
Curtin & Heffner, LLC
ConsuitanC
PA Economy League
Security
~r:r~~:r-_goun!Y Sheriff

___J

$75,872.23

____ jj_?,024.30

$92,896.53

I

I
I

---f
__

4 ___

$41,650.00

1

~

I___-;

$57,522.23 I

$15,872.23

I

~

_!6, 129.35__ ____ __!2~,770.6~5f

$10,966.57t=
II
· ----$3,000.00t~~=~i:d~~~~~~~nformation Tech __L ___________ -_______ Luzerne County Clerk
IT Support
---

$8,900.00 I

-JI

$13,966.57 _

-

I

________

I

-~~.900.00

-j

=·: ·:d:·:~:·tJ-- $1:~:::!::;t------$38,667.~-~-$1!!:!::::~. $8,900.~l
1

0

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 29 of 34

Page 30 of 34

1

Certification
We, the members of the Luzerne County Government Study Commission, being duly sworn
according to law, depose and say the foregoing statement of funds, goods, materials, services
and suppliers used by the Luzerne County Government Study Commission is correct to the
best of our knowledge and belief.
We, the members of the Luzerne County Government Study Commission, certify this to be a
true and correct copy of the Final Report and Recommended Home Rule Charter for Luzerne
County as approved by the Luzerne County Government Study Commission at its meeting held
on July 28, 2025, for submission to the voters of Luzerne County at the general election to be
held on November 4, 2025.

Luzerne County Government Study Commission

X
Ted Ritsick
Chair

Vito Malacari
Vice Chair

X

X

Matt Mitchell
Secretary

Treasurer

X

X

Tim McGinlev·

Mark Shaffer

X

.x

Stephen J. Urban

Sworn to and subscribed before me this

J A.D., 2025

Commonwealth of Pennsylva(lia - Notary Se;;il

Notaiy Public

Ryan Foy, NotaryPublic
Luzerne County
My commission expires January 25, 2027
Commission number 1212600
Member, Pennsylvania Association 9f Notaries ..

Final Report Luzerne County Government Study Comrruss10n

Luzerne County Council Code Review Committee Meeting February 19, 2026

July 2025
Page 30 of 34

Page 31 of 34

1

Certification
We, the members of the Luzerne County Government Study Commission, being duly sworn
according to law, depose and say the foregoing statement of funds, goods, materials, services
and suppliers used by the Luzerne County Government Study Commission is correct to the
best of our knowledge and belief.
We, the members of the Luzerne County Government Study Commission, certify this to be a
true and c.orrect copy of the Final Report and Recommended Home Rule Charter for Luzerne
County as approved by the Luzerne County Government Study Commission at its meeting held
on July 28, 2025, for submission to the voters of Luzerne County at the general election to be
held on November 4, 2025.

Luzerne County Government Study Commission

X

X

Ted Ritsick
Chair

Vice Chair

Matt Mitchell
Secreta rv

Cindy Malkemes
Treasurer

Tim McGinley

Mark Shaffer

2025

Sworn to and subscribed before me this

.Commori~we~iili cl Pennsylvania. Notary Seal
Ryan Foy, Notary Public

Notary Public

~1,1zerne County.
My comr:ni~~ion expires January 25, 2027

Co~rni~fJormumber 1212600
Member, PfOQ!!JIJl~nia Association of Notarie$·
'

Final Report Luzerne County Government Study Comnuss1on

,,,,

Luzerne County Council Code Review Committee Meeting February 19, 2026

July 2025

Page 31 of 34

Page 32 of 34

1

Certification
We, the members of the Luzerne County Government Study Commission, being duly sworn
according to law, depose. and say the foregoing statement of funds, goods, materials, services
and suppliers used by the Luzerne County Government Study Commission is correct to the
best of our knowledge and belief.
We, .the members of the Luzerne County Government Study Commission, certify this to be a
true and correct copy of the Final Report and Recommended Horne Rule Charter for Luzerne
County as approved by the Luzerne County Government Study Commission at its meeting held
on July 28, 2025, for submission to the voters of Luzerne County at the general election to be
held on N overnber 4, 2025.

Luzerne County Government Study Commission

)(

X

X

Ted Ritsick
Chair

Vice Chair

Matt Mitchell
Secretary

Cindy Malkemes
Treasurer

X

X

Tim McGin ley

Mark Shaffer

X

Vito Malacari

·x

Stephen J. Urban

Sworn to and subscribed before tne this

Commoi:1wealth of Pennsylvania . Notary Seal
DINA M SHAW. Notary Pub11c
Luzerne County
My Commission Expires October 3' 2025
Commission Number 1320558

Final Report Luzerne County Government Study Com:tn1ss1on

Luzerne County Council Code Review Committee Meeting February 19, 2026

July 2025

Page 32 of 34

Page 33 of 34

1

Certification
We, the members of the Luzerne County Government Study Cotntnission, being duly sworn
·according to law, depose and say the foregoing statement of funds, goods, materials, services
and suppliers used by the Luzerne County Government Study Commission is correct to the
best of our knowledge and belief.
We, the members of the Luzerne County Government Study Commission, certify this to be a
true and correct copy of the Final Report anq. Recotntnended Home Rule Charter for Luzerne
County as approved by the Luzerne County Government Study Commission at its meeting held
on July 28, 2025, for submission to the voters of Luzerne County at the general election to be
held on November 4, 2025.

Luzerne County Governme~t Study Commission

X

X

X

X

X

X

X
Ted Ritsick
Chair

X
Matt Mitchell
Secretary

X

X

Cindy Malkemes
Treasurer

WA~

Mark Shaffer

Tim McGinley

X

Vito Malacari
Vice Chair

><

Stephen J. Urban

Sworn to and subscribed before me this

3 )~·~ AD., 2025
Com1no1w1eattn of Pennsylvania • Na.tan,: Seal,
DINA M SHAW • Notary Pub I~
Luzerne County
·
My Commission Expires October 3, 202-5
Commission Humber 1320558

Final
ReportCounty
Luzerne
County
Government
Study Cotntn1ss1on
Luzerne
Council
Code
Review Committee
Meeting February 19, 2026

July 2025
Page
33 of 34

Page 34 of 34

13

Certification
We, the members of the Luzerne County Government Study Commission, being duly sworn
according to law, depose and say the foregoing statement of funds, goods, materials, services
and suppliers used by the Luz.erne County Government Study Commission is correct to the
best of our knowledge and belief.
We, the members of the Luzerne County Government Study Commission, certify this to be a
true and correct copy of the Final Report and Recommended Home Rule Charter for Luzerne
County as approved by the Luzerne County Government Study Commission at its meeting held
on July 28, 2025, for submission to the voters of Luzerne County at the general election to be
held on November 4, 2025.
Luzerne County Government Study Commission

X

X
Ted Ritsick
. Chair

X
Matt Mitchell
Secretary

l

X

X
/

Vito Malacari
Vice Chair

'i

X

'

Cindy Malkemes
Treasurer

X

'

Mark Shaffer

X
Stephen J. Urban

X

'

,sf-

,~/Ju~ {}S+- er. A1f\

Sworn to and subscribed before me this ~day o f ~ A.D., 2025
.

.

~----------,

Cmr.:ro,11>ea.:, of Pennsylvania· Notary Seal.
. DINA MSHAW· Notary Public
Luzerne County
1;1-v CoTTission Expires October 3, i025
· Co-i-rr.isslQn Number 1320558

Final Report Luzerne County Government Study Commission

July 2025

Luzerne County Council Code Review Committee Meeting February 19, 2026

Page 34 of 34

Outcome

Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.

Provenance

Where this record came from. Every source is listed, permanently.

  • Agenda Watch · Aug 24, 2026

Permanent ID DKT-2026-001311 — this record is never deleted.

Record history

Every change to this record, logged as it happened.

  • Aug 24, 2026 Filed on the Docket
  • Aug 24, 2026 Full document archived — public record

← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.