By Eric Scicchitano
The News-Item
SUNBURY — A memo from the Northumberland County solicitor says the county commissioners and not the prison board has decision-making power over where and how to proceed with the creation of a new prison facility.
Commissioner Chairman Vinny Clausi released the memo Tuesday in response to statements previously made by Commissioner Richard Shoch. Shoch had said the six-member prison board - not the board of commissioners or any one commissioner, referring to Clausi - must decide how to proceed.
Solicitor Frank Garrigan cited the state’s County Code, stating the board of commissioners can acquire a building or land for any governmental use, including for a correctional facility. It alone has the authority to finance and rebuild or construct a prison anyplace within the county’s borders.
All three county commissioners belong to the prison board, along with the controller, the district attorney and the sheriff. State law governing correctional operations mandates the purpose of the board is for general management, Garrigan wrote. If a regional facility is pursued, he wrote that it wouldn’t officially involve prison boards from any county - only those counties’ respective commissioners.
“This statute, read in its entirety, clearly refers to the prison board’s authority to oversee the general maintenance and operation of the facility, not the construction of a new prison facility,” Garrigan wrote. “There is nothing in this statute requiring the prison board’s authorization or approval of anything related to the building of a new prison facility. This power is entirely vested in the board of commissioners.”
The county prison was damaged by fire Jan. 14. An investigation into the cause continues. Inmates are held temporarily in state facilities.
Northumberland County Prison, built in 1876, is owned by the Northumberland County Authority, of which Clausi is a member. He was authorized by fellow members Monday to make day-to-day decisions regarding the building, and to work with Travelers Insurance in seeking a settlement on the authority’s behalf.
Clausi and Shoch have long been on opposing sides concerning county business, and this latest matter concerning the authority of the prison board and the board of commissioners is no different.
“I’m getting thrown under the bus when I’m not doing anything wrong,” Clausi said, adding that he doesn’t want to spar with Shoch over issues concerning the future of the county prison.
“Let’s do what’s best for the taxpayers,” he said.
Shoch could not be reached for comment Tuesday.
An attorney by profession, Shoch had also cited the county code regarding the authority of the prison board. He previously urged caution in deciding how to pursue correctional operations going forward, and believes Clausi’s “self-imposed” 30-day deadline is too hurried. Nothing should be off the table, he said, including perhaps building at the current prison site at 39 N. Second St.