Commissioners in stalemate over hiring of a law clerk

Berks County commissioners were set to approve a resolution Thursday stating their strong opposition to the hiring of a county court employee who had faced inappropriate conduct claims in the past.

But a disagreement over the language of the resolution delayed the vote.

The resolution, in a highly unusual move for the board, expressed dissatisfaction with the hiring of attorney Michael Hollinger as a law clerk in the court administration office.

It also stressed that the board has no control over the appointment, citing a section of the county code that grants courts the right to hire, fire and supervise its employees. The resolution stated: “The County has notified the Courts that the County does not support this hiring and objects to the hiring of this individual. It is the County’s opinion that hiring this individual creates a potential future liability. The Courts have chosen to hire this individual despite the concerns raised by the County.”

Commissioner Mark C. Scott said he could not support the resolution the way it was written. He explained that he had not been present at an executive session where the hiring had been discussed and found most of the language included in the resolution to be unnecessary.

“I am loathe to support this on the basis of the way it is written,” he said.

Scott said that after speaking with several people he was informed that Hollinger was the subject of certain allegations that led to disciplinary action more than 14 years ago. But, he pointed out, the fact that court officials thoroughly vetted his record and remain comfortable hiring him should be taken into account.

“I, for one, believe in redemption and I do not think it fair that allegations of improprieties should haunt a person’s professional employment and reputation forever when they have made amends and seek to move on,” he said. “People make mistakes.”

Scott noted broadly that his colleagues have expressed great compassion in other cases for those who have shared stories about their desires to leave behind their past criminal behavior and overcome their struggles with drug addiction.

“Why, then, do we want to castigate this individual?” he asked.

Scott suggested that the board remove all language from the resolution after the first sentence stating that the county does not support the hiring. He said the additional verbage is unnecessary and only exacerbates a long-standing tension between the county commissioners and the county court system.

Commissioner Kevin S. Barnhardt supported the resolution as written. He declined to explain why he felt the additional language was necessary, or to discuss the allegations that had been leveled against Hollinger.

It was decided the resolution would be tabled since Commissioners Chairman Christian Y. Leinbach was not there to vote.

Leinbach was unable to attend the meeting because

he was providing testimony in a trial in which the owner of the Conestoga Landfill in New Morgan is suing the county over a land host fee.

Hollinger, whose first day on the job was set for Wednesday, will have to wait until a vote is taken.

According to his professional website, Hollinger is a member of the Berks County Bar Association who practices family law, criminal defense, personal injury, unemployment compensation and estate planning.

He was not present at the meeting Thursday and could not be reached for comment.