Following Lehigh County Controller Mark Pinsley’s report, “The Cost of Misdiagnosis,” and allegations from numerous families about practices of a reassigned Lehigh Valley Health Network pediatrician, Lehigh County Board of Commissioners received a report from legal counsel on what they may or may not do.

“The board has work to do. We need to consider our legal and moral obligations now that we know our authority and the limits of our authorities. We are able to start doing the work,” Chair Geoff Brace said at the Oct. 11 commissioners meeting, after receiving legal clarification on what can and cannot be done by the board.

Commissioner Bob Elbich, chair of human services, confirmed a committee will be convened for further discussion.

“Up to this point, there’s been statements made that the board is not doing anything,” Elbich added. “Those are not accurate statements.”

Elbich spoke of personally spending hours per week doing research into what has been brought to light and what has been alleged by families. He also explained the importance of waiting for clear direction on the legal side of things.

A special human service committee meeting was expected to be held 6-8 p.m. Oct. 18.

Pinsley spoke to the board about hiring a neutral third party to examine the findings of his report. He recommended Joseph P. Ryan, of University of Michigan’s School of Social Work, as well as Child Welfare Policy and Practice Group, based out of Montgomery, Ala. He has seen cost estimates of $250,000.

Pinsley also requested the board hold off on a vote regarding the appointment of a new child and youth services director until after human services convenes for its meeting. The board proceeded to vote unanimously to appoint Heather Reed as the new director.

Toward the end of the meeting, the tension between the controller and the commissioners continued to climb through a heated debate on the 2024 Lehigh County budget, specifically on an amendment that would grant the controller’s office additional funds of $10,000 for legal services.

For nearly an hour, Pinsley and the board debated these additional funds, as well as Pinsley’s request for an independent solicitor.

“As the controller, I don’t necessarily have to take the advice of counsel anyway,” Pinsley said. “I can ignore it if I choose. That’s not what we are saying.

“The problem was that there became an issue where we needed outside counsel specifically because the solicitor was representing CYS, representing the administration, representing us and others, where I could no longer trust who was being talked to,” Pinsley added. “Where is the information going? What is being said? So, at that point, I asked the solicitor if we could go to an outside solicitor, and he gave us the either-or answer.

“So if you are concerned about a second opinion, that’s not the issue,” Pinsley continued. “The issue is that we have now decided, and it is our right to decide, that we’ve chosen to use an outside solicitor.”

At one point, Pinsley went head-to-head with Commissioner Ron Beitler, telling him, “If you don’t want to give me money because you don’t like me, well that’s OK, Mr. Beitler.”

“It’s more that you are ineffective,” Beitler responded.

“Well, seems like I brought a lot of money savings to the county,” Pinsley said. “What you are concerned about is that I’m bringing it to light, which is what my job is. I’m a watchdog. I don’t actually have to work with any of you. All I have to do is bring stuff to light and it’s your job to do something with it.”

The first reading of the bill and its amendment passed 5-3 with Commissioners Beitler, Jeffrey Dutt and Antonio Pineda voting against it. The second and final reading was set for Oct. 25.