Dauphin County commissioners said the city council's bankruptcy filing isn't "properly authorized under the law."
"This latest action by City Council is nothing more than a delay tactic to avoid making the tough decisions necessary to resolve the city's debt crisis," said commissioners Jeff Haste, Mike Pries and George P. Hartwick III in an e-mailed statement.
Harrisburg, as guarantor of the incinerator bonds, said it filed for bankruptcy to escape lawsuits seeking judgments that would force it to divert tax money to make payments.
The "remedies" demanded in six suits by Dauphin County, Covanta and Toronto-Dominion Bank, a trustee for bondholders, "would substantially interrupt the city's ability to provide health or safety services to its citizens," according to the bankruptcy petition. "Thus, the city is in imminent jeopardy of creditor action" that would affect essential services.
Not Binding
Jason Hess, acting city attorney, told council members that they didn't follow procedure and their action wouldn't be binding. The members went ahead.
The filing is "a ridiculous idea not worth taking seriously," Robert Philbin, a spokesman for Mayor Linda Thompson, said in a phone call today.
State Senator Jeffrey E. Piccola of Susquehanna Township in Dauphin County called the council's move unlawful and said it puts the city closer to what would be the state's first municipal receivership.
"Rather than wasting precious time on illegal filings and engaging expensive attorneys, the majority of City Council should be about working with the mayor and the commonwealth to resolve this crisis," he said in an emailed statement.
Bankruptcy is going to mire the city in unaffordable litigation, said Councilwoman Patty Kim, who voted against it.