IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY CIVIL DIVISION

IN RE: OFFICE OF DISTRICT ATTORNEY, BY AND THROUGH JOHN M. MORGANELLI, NORTHAMPTON COUNTY DISTRICT ATTORNEY Plaintiff VS. JOHN STOFFA, COUNTY EXECUTIVE, PATRICIA SIEMIONTKOWSKI, DIRECTOR OF HUMAN RESOURCES AND THOMAS HARP, DIRECTOR OF ADMINISTRATION, Defendants

COMPLAINT IN MANDAMUS

1. Plaintiff is the Office of District Attorney, by and through John M. Morganelli, District Attorney for Northampton County. 2. Defendants are John Stoffa, Northampton County Executive, Patricia Siemiontkowski, Northampton County Director of Human Resources and, Thomas Harp, Northampton County Director of Administration. 3. The district attorneys of the Commonwealth of Pennsylvania have complete authority to hire, fire, suspend, transfer, promote, demote and
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otherwise manage personnel in their office which cannot be impaired in any manner including but not limited to provisions in collective bargaining agreements and/or Home Rule Charters. Westmoreland County v. Westmoreland County Detectives, 937 A.2d 618 (2007); Lawrence County v. Lawrence County, 39 Pa. D&C 3rd 491 (1982); 53 Pa. C.S.A. 2962(c)(e); In Re: District Attorney 756 A.2d 711 (Commonwealth Court 2000); Norristown Fraternal Order of Police Lodge 31 v. DAngelis, 611 A.2d 322, 148 Pa. 285 (Commonwealth Court 1990); Fischer v. Rzymek, 15 Pa. Commonwealth 105, 324 A.2d 836 (1974); 16 P.S. 450; 16 P.S. 1420; 16 P.S. 1426; 16 P.S. 1440; 16 P.S. 1441; Lennox v. Clark, 372 Pa. 355, 93 A.2d 834 (1953); Specter v. Martin, 426 Pa. 102, 232 A.2d 729 (1967); Mummau v. Ranck, 531 F.Supp. 402 (1982). 4. The Northampton County Administrative Code Article II Section 2.01 provides as follows: each agency shall be under the direction and supervision of the County Executive, except: .(3) the Office of the District Attorney. 5. The Northampton County Personnel Policies and Procedure Manual provides as follows at Section 3.707:

POLICY: Northampton County recognizes that certain areas of final discretion over personnel matters should rest with those elected officials responsible for the management of their respective offices. GUIDELINES TO INTERPRETATION (1) Elected officials employees (A) Employees of Controller and District Attorney

1. Wherever the term County Executive appears in this Personnel Policy and Procedure Manual, it shall mean Controller or District Attorney with respect to the employees of these two independent offices. 6. Pennsylvania law, the Northampton County Administrative Code and the Northampton County Personnel Policy and Procedures Manual all recognize and establish that the Office of District Attorney is an independent elective office with the authority to manage unimpaired its personnel. 7. The Office of District Attorney does not need to have prior approval from the County Executive and/or the Director of Human Resources when it comes to personnel matters within the Office of District Attorney.

8. In December 2012, the Northampton County Council approved the budget of the Office of District Attorney for fiscal year 2013, including the establishment of twenty-one (21) positions for assistant district attorneys. 9. Each of the twenty-one (21)positions had been previously approved by Northampton County Council with a salary range assigned to each position and discretion of the district attorney as to the salary set for each assistant district attorney. 10.On March 1, 2013, the Northampton County District Attorney prepared and sent to the Department of Human Resources two (2) Personnel Action Notification Forms for the promotion and transfer of two (2) assistant district attorneys to pay grades within Group IV of the Countys Job Classification structure resulting in individual raises and upgrades for the affected assistant district attorneys as set forth in the attached Personnel Action Notification Forms marked as Exhibit 1 and Exhibit 2 respectively. See also Exhibit 3 Job Classification and Salary Ranges as approved b y County Council effective January 1, 2013 for assistant district attorneys.

11.On March 11, 2013, the Northampton County District Attorney prepared and sent to the Department of Human Resources one (1) Personnel Action Notification Form to fill a vacancy in an assistant district attorney II position within Group IV of the Countys Job Classification Structure created by the resignation of an assistant district attorney who previously held said position as set forth in the attached Personnel Action Notification Form marked as Exhibit 4. 12.On March 11, 2013, the Northampton County District Attorney also prepared and sent to the Department of Human Resources one (1) Personnel Action Notification Form for the promotion and transfer of one (1) assistant district attorney to a pay grade within Group III of the Countys Job Classification structure resulting in individual raises and upgrades for the affected assistant district attorney as set forth in the attached Personnel Action Notification Form marked as Exhibits5. 13.The actions set forth in paragraphs 10-12 above, did not result in any new additional positions being created in the Office of District Attorney. 14.The aforesaid action taken by the District Attorney as set forth in paragraphs 10-12, did not require any additional budgeted funds to the Office of District Attorney.

15.Northampton County Council, by and through its Solicitor, has no objection to the personnel changes set forth above in paragraphs 10-12 and stipulates to the authority of the district attorney to implement said personnel changes without County Council action. 16.Defendants have refused to perform the purely ministerial act of implementing the personnel changes/promotions as authorized by the District Attorney with respect to his personnel. 17.Defendants have no standing to obstruct the implementation of the aforesaid personnel changes in the Office of District Attorney in that they are not discretionary officers but purely ministerial with respect to the actions directed by the District Attorney as to promotion of personnel in his office. 18.Defendants have a defined ministerial and legal duty to accept and execute matters affecting personnel in the Office of District Attorney and have no legal authority or discretion to refuse to allow the Plaintiff to implement personnel decisions affecting personnel in the Office of District Attorney. 19.Plaintiff has no other adequate remedy at law. 20.Issuance of a Writ of Mandamus will be an effective remedy.

21.Plaintiff seeks peremptory judgment pursuant to Pa. Rule of Civil Procedure 1098 in that the right of the Plaintiff herein is clear. WHEREFORE, the Plaintiff respectively requests this Honorable Court to issue a Writ of Mandamus requiring, directing and commanding the Defendants to execute all necessary paperwork in order to effectuate the changes set forth on Plaintiffs Exhibits attached hereto. Respectfully submitted,

______________________ John M. Morganelli District Attorney I.D. # 32217 Date:_____________

VERIFICATION The facts set forth herein in this complaint are true and correct to the best of my knowledge and belief and is subject to the penalties set forth at 18 Pa. C.S.A. 4904. ________________________ John M. Morganelli Date:___________