A new 13-member commission, appointed entirely by council, will investigate discrimination complaints. It comes with $500 fines, no subpoena power, and no mandate from voters.

By Vinnie Vetaducci | Pocono Review

Luzerne County Council introduced an ordinance Tuesday night that would create a 13-member human relations commission. The body would investigate discrimination complaints filed by residents against private businesses and institutions across the county.

This is the companion piece to an anti-discrimination ordinance council passed 7-4 on June 9. That vote split almost entirely on party lines. Seven Democrats voted yes. All three Republicans and one Democrat voted no.

The original ordinance bans discrimination in employment, housing, healthcare, education, and public accommodations. Violators face fines of $100 to $500. A summary offense. The same legal weight as a parking ticket.

Now council needs to define who enforces it and how.

What the Commission Would Look Like

All 13 members would be volunteers appointed by County Council. They must be U.S. citizens and county residents. They cannot hold elected positions within a political party.

The commission would hold monthly public meetings. It would receive $1,500 per year in operational funding. The county manager must provide meeting space and resources.

Administrative and legal support would come from the county Human Resources Department and the Office of Law. If the county itself is named in a complaint, the commission can hire outside counsel.

Appointments would follow council’s standard process. Four-year terms with staggered start dates. Members who miss three consecutive meetings or more than three per year lose their seat.

The Complaint Process

A complainant files with the commission. The commission determines whether the complaint falls within its jurisdiction and meets the threshold of a discrimination claim.

If it does, the respondent gets served and has 60 days to answer. An investigator is then assigned by majority commission vote. That investigator can be a commission member or an outside person deemed qualified.

The investigator determines probable cause. Findings go to the full commission. Next steps could include mediation or a public hearing.

The maximum penalty is a $500 fine.

What the Opposition Says

The loudest objections have focused on redundancy. Federal law already covers discrimination. The Pennsylvania Human Relations Commission already exists at the state level with real enforcement tools. Subpoena power. Discovery. Actual remedies.

Councilwoman LeeAnn McDermott argued the ordinance should go to referendum. Former county controller Walter Griffith is leading a signature drive to do exactly that. They need 11,615 validated voter signatures by August 8.

If they hit that number, council has 30 days to repeal the ordinance or it goes on the 2027 primary ballot. In the meantime, the ordinance would be frozen.

Other critics have cited undefined costs, legal liability exposure, and confusion about implementation. County Manager Romilda Crocamo has acknowledged she still needs to assess staffing changes, departmental impacts, and internal procedure overhauls required to stand the commission up.

The Enforcement Problem Nobody Is Talking About

The commission has no subpoena power. It has no enforcement mechanism beyond summary offense fines. It has no dedicated staff. It has no dedicated budget beyond $1,500 a year.

Compare that to the Pennsylvania Human Relations Commission, which can compel testimony, conduct discovery, and impose meaningful penalties.

What Luzerne County is building is a complaint intake form attached to a volunteer board. A business that discriminates pays $500 at worst. There is no clarity on what happens when a respondent simply ignores the process.

The ordinance creates the appearance of protection without the mechanism to deliver it. The people it claims to serve gain a place to file paperwork. They do not gain a meaningful path to resolution.

The Deeper Question

Supporters say the ordinance fills gaps in state and federal law and addresses a backlog at the state level. That backlog is real. But the honest fix is pushing Harrisburg for more PHRC funding. Not building a parallel system that cannot do what the PHRC does.

So why build it?

Council’s Democratic majority holds an 8-3 supermajority. That majority now gets to appoint all 13 commission members. The ordinance bars elected party officers from serving. It does not bar donors, activists, political allies, or anyone else in the party orbit. Public committee interviews before appointment are the only procedural check, and a majority council vote still decides every seat.

Those 13 appointees serve at council’s pleasure. They investigate complaints council defines the scope of. They draw administrative support from departments council controls the budget for. It is a closed loop.

The sequencing is revealing. Council passed the anti-discrimination ordinance in June without defining the commission structure. Council Chairman Jimmy Sabatino has said the structure was held back deliberately, on the reasoning that there was no point building an enforcement body unless the underlying law passed first. Fair enough. But the order still means the mandate came before the mechanism. Policy first, personnel second. And that order makes sense only if the apparatus matters as much as the policy.

No cost analysis was completed before the vote. No budgetary impact assessment existed at the time of passage. Crocamo has said her office will conduct one. That review is still pending.

The Financial Context

Luzerne County ran a $6.2 million general fund surplus in 2025. The fund balance rose from $27 million to $33.2 million. That sounds healthy until you note the county’s own target reserve is approximately $43 million. They are still $10 million short.

The county pension fund is 77.2% funded. It requires a $13.6 million annual subsidy that has been necessary for more than 20 years.

Debt payments run approximately $26 million per year through 2029. The 2026 budget required a 1.9% property tax increase.

The surplus was achieved through cost containment and keeping positions vacant. Council is now proposing to load new administrative demands onto departments it kept lean to produce that surplus.

What Happens Next

Council will hold a public hearing and vote on the commission structure ordinance at its August 11 meeting.

The signature drive deadline is August 8. If enough valid signatures are submitted, the anti-discrimination ordinance could be frozen and placed before voters.

If the signatures fall short, the ordinance takes effect around September 8. Council would then begin appointing commission members.

Either way, the question remains. Luzerne County already has access to federal and state anti-discrimination enforcement with real teeth. What this ordinance builds is something different. Whether that something serves residents or serves the council majority that created it is the question voters may get to answer themselves.