logo
Court gives ruling on vacant Commissioner's seat

Court gives ruling on vacant Commissioner's seat

Yahoo23-05-2025
SCRANTON, LACKAWANNA COUNTY (WBRE/WYOU)— A decision on how to proceed with filling the Lackawanna County Commissioner Vacancy was announced in a ruling.
In that ruling, the judges voted 2-1 in favor of siding with the Lackawanna County Democratic Committee that the vacancy of the County Commissioner seat should be filled in line with the Home Rule Charter instead of Pennsylvania Rule of Judicial Administration 1908, proposed by Commissioner Gaughan.
The Home Rule Charter states that Court of Common Pleas of Lackawanna County shall choose from the three names submitted by the Lackawanna County Democratic Committee (LCDC).
The Pennsylvania Rule of Judicial Administration 1908 states that when a court is filling vacancies to an elected official under a statutory duty, The Court shall receive applications from any interested candidates prior to the deadline established.
The LCDC will now proceed with taking applications and choosing the best three and passing them onto the Court of common Pleas to make a final decision on the candidates.
Commissioner Gaughan provided a brief statement saying: ''We have just received the opinions. We're reviewing them and will decide soon how to proceed.'
The Court also ruled unanimously to take Lackawanna County off Commissioner Gaughan's lawsuit, meaning the county would not have to pay for it with taxpayer's money.
Commissioner Chermak released a statement stating:
'I am pleased with the unanimous decision by the Lackawanna County judges to remove Lackawanna County and the County Solicitor from Commissioner Gaughan's lawsuit. I fought to have the county removed from this suit because the taxpayers of Lackawanna County should not be responsible for paying for a fight between Bill Gaughan and the Democrat Party of Lackawanna County. First and foremost, I will always fight for the taxpayers of Lackawanna County. This why I strongly opposed the 33% tax increase and continue to monitor the ongoing reassessment to make sure it is fair, accurate and transparent. This ruling protects taxpayer funds, and I remain dedicated to advocating for fiscal responsibility in our county.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Trump's takeover of D.C.'s police force isn't just another diversion from Jeffrey Epstein
Trump's takeover of D.C.'s police force isn't just another diversion from Jeffrey Epstein

San Francisco Chronicle​

time2 days ago

  • San Francisco Chronicle​

Trump's takeover of D.C.'s police force isn't just another diversion from Jeffrey Epstein

It can be tempting to view President Donald Trump's meandering, deeply dishonest press conference on Monday as just the latest 'hey-look-a-squirrel!' distraction meant to divert the nation's attention from his involvement in the Jeffrey Epstein matter. Flanked by members of his cabinet, Trump invoked Section 743 of the Home Rule Charter, which permits him to send in the National Guard for a fixed period, and announced federal troops would be seizing control of the Washington, D.C., police force to address what he called a 'crime emergency.' Like many in his party, Rep. Jamie Raskin, D-Md., saw an ulterior motive for Monday's action. 'In another transparent ploy to distract America from his coverup of the Epstein file, Donald Trump now wants to militarize the District of Columbia,' Raskin said in a written statement, 'to attack crime and clean up graffiti in the capital city despite the fact that crime is at a 30-year low in Washington and graffiti seems to be pretty sparse.' Whether intentionally or not, Trump has indeed mastered the art of diversion. During his press conference, for instance, he bounced from D.C. crime to his forthcoming summit with Vladimir Putin, to tariffs on Chinese imports, to transgender athletes, to his own real estate experience. But his longstanding desire to deploy federal troops in blue state cities to bend them to his will should not be discounted as mere sleight of hand. 'Local 'youths' and gang members, some only 14, 15, and 16-years-old, are randomly attacking, mugging, maiming, and shooting innocent Citizens, at the same time knowing that they will be almost immediately released. They are not afraid of Law Enforcement because they know nothing ever happens to them, but it's going to happen now!' Trump explained in a comically hyperbolic post on Truth Social last Tuesday, explaining his rationale, adding, 'The most recent victim was beaten mercilessly by local thugs.' That recent victim was a 19-year-old Department of Government Efficiency employee, in case you were wondering what crime got Trump out of the golf cart this morning. To be clear, we're all against these ugly crimes, of course, and under the D.C. charter, sending in the National Guard isn't illegal. It's just ridiculously performative and profoundly unnecessary when you stop to realize that Justice Department data backs Raskin's assertion that crime in the district has hit a 30-year low, Data, of course, is beside the point for Trump. Just as his administration is busily rewriting federal scientific assessments that contradict Trump's view that climate change is a 'hoax,' declining violent crime rates in liberal-run cities are an inconvenient truth that doesn't square with his vision of a Washington that has been 'taken over by violent gangs and bloodthirsty criminals.' Trump's not-at-all hidden fantasy has been to become, to be charitable, something of an authoritarian. And the D.C. deployment is yet another dictatorship cosplay warm-up exercise. Under the Home Rule Charter, Trump's order expires in 30 days, but it remains to be seen whether he'll abide by it. After all, in apparent violation of the 1878 Posse Comitatus Act, 250 National Guard troops he deployed are languishing around Los Angeles. Of course, Trump's newfound enthusiasm for mobilizing the Guard is in stark contrast to his delay in doing so on Jan. 6, 2021, the same day he suggested Vice President Mike Pence deserved assassination by the mob Trump had summoned to block the transfer of power. But that was then. 'We have other cities also that are bad. Very bad. You look at Chicago, how bad it is. You look at Los Angeles, how bad it is,' he said. 'We have other cities that are very bad. New York has a problem. And then you have, of course, Baltimore and Oakland. We don't even mention that anymore there.' Sen. Chris Van Hollen, D-Md., said on X that 'Trump's raw authoritarian power grab in DC is part of a growing national crisis … He's playing dictator in our nation's capital as a dress rehearsal as he pushes democracy to the brink.' As his cabinet minions looked on, knowing they were props in yet another Trump late-night comedy fodder bit, Attorney General Pam Bondi dutifully executed Dear Leader's orders. Defense Secretary Pete Hegseth seemed to relish the expanded marching orders. Only FBI Director Kash Patel briefly seemed to go off-script when he correctly noted that murder rates in the U.S. 'are plummeting.' Facts may not matter in the White House briefing room, but they could still matter in court. California's lawsuit against the Los Angeles troop deployment proceeded in San Francisco on Monday, where the state is arguing that the Trump administration doesn't have the right 'to execute or assist in the execution of federal law or any civilian law enforcement functions by any federal agent or officer.' During her own Monday press conference, D.C. Mayor Muriel Bowser struck a low-key response to the takeover of her police department, calling the action 'unsettling.' Oh, it's unsettling all right, just as it was in L.A, and this shock-and-awe arrival of U.S. troops could soon be coming to a blue state city near you. As Trump's long-winded presser drew to a close, some reporters shouted out questions about Epstein. By then, the president was already on his way out of the briefing room.

There's a big, important limit on Trump's power to seize control of DC's police
There's a big, important limit on Trump's power to seize control of DC's police

Vox

time2 days ago

  • Vox

There's a big, important limit on Trump's power to seize control of DC's police

is a senior correspondent at Vox, where he focuses on the Supreme Court, the Constitution, and the decline of liberal democracy in the United States. He received a JD from Duke University and is the author of two books on the Supreme Court. US Attorney for the District of Columbia Jeanine Pirro and President Donald Trump during his announcement that he will use his authority to place the DC Metropolitan Police Department under federal control, and that the National Guard will be deployed to Monday, President Donald Trump released an executive order invoking a rarely used federal law that allows him to temporarily seize control over Washington, DC's police force. Later the same day, DC's Democratic Mayor Muriel Bowser seemed to concede that there's nothing she can do about it. 'What I would point you to is the Home Rule Charter that gives the president the ability to determine the conditions of an emergency,' Bowser said Monday afternoon. 'We could contest that, but the authority is pretty broad.' SCOTUS, Explained Get the latest developments on the US Supreme Court from senior correspondent Ian Millhiser. Email (required) Sign Up By submitting your email, you agree to our Terms and Privacy Notice . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Bowser is almost certainly correct that Trump can seize control of her city's police force, at least for a little while. The District of Columbia is not a state, and does not enjoy the same control over its internal affairs that, say, nearby Virginia or Maryland does. The Constitution gives Congress the power to 'exercise exclusive Legislation in all Cases whatsoever' over the nation's capital. If Congress wanted to, it could turn DC into a federal protectorate tomorrow. In 1974, however, Congress enacted the District of Columbia Home Rule Act, which generally gives DC residents the power to elect the city's leaders. But that law contains an exception that allows the president to briefly take command of DC's police. 'Whenever the President of the United States determines that special conditions of an emergency nature exist which require the use of the Metropolitan Police force for federal purposes,' the law provides, the president may require the city's mayor to provide him 'such services of the Metropolitan Police force as the President may deem necessary and appropriate.' The same law, however, also provides that presidential control over DC police must terminate after 30 days, unless Congress takes some action to extend it. So, assuming that the courts actually apply this 30-day limit to Trump, Trump's control over DC's local police will only last a month at most. Indeed, Trump's own executive order seems to acknowledge that his powers are time-limited. The order requires Mayor Bowser to 'provide the services of the Metropolitan Police force for Federal purposes for the maximum period permitted under section 740 of the Home Rule Act.' The Home Rule Act, moreover, is fairly adamant that this 30-day limit is real. It provides that, absent congressional action, 'no such services made available pursuant to the direction of the President … shall extend for any period in excess of 30 days.' So, if Trump does try to extend the time limit without Congress's consent, the courts should not permit him to do so. Trump often uses 'emergency' powers to address ordinary things Trump loves to declare emergencies. In his first 100 days in office, he declared eight of them, more than any other president — including himself in his first term. His DC police order is just the latest of these emergency declarations. Trump claims that 'crime is out of control in the District of Columbia,' and this supposed situation justifies invoking emergency powers to take control of DC's police. The idea that DC faces a genuine emergency is a farce. As pretty much everyone who has written about Monday's executive order has noted, violent crime rates in the city are at a 30-year low. So, even if you concede that crime is such a problem in DC that it justifies a federal response, that problem has existed for three decades. A persistent problem is the opposite of an emergency. That said, Bowser is correct that the Home Rule Act's text permits the president, and the president alone, to determine whether an emergency exists that justifies taking control of DC's police. The relevant language of the statute provides that Trump may invoke this power 'whenever the President of the United States determines that special conditions of an emergency nature exist.' Broadly speaking, it makes sense to give the president unreviewable authority to decide when to invoke certain emergency powers. The very nature of an emergency is that it is a sudden event that requires immediate action, without which matters could deteriorate rapidly. Think of a heart attack, a major natural disaster, or an insurrection. Suppose, for example, that a violent mob attacks the US Capitol during an important national event, such as the congressional certification of a presidential election. When Congress enacted the Home Rule Act, it quite sensibly could have thought that the president should be able to draw upon all nearby law enforcement officers to quell such an attack on the United States — without having to first seek permission from local elected officials, or a judge. Congress, of course, did not anticipate that the president might be complicit in such an attack. But that doesn't change the fact that the statute says what it says. A nation as large and diverse as the United States cannot function unless its chief executive has the power to take some unilateral actions. If a president abuses that authority, the proper remedy is often supposed to be the next election. It's worth noting that not every emergency statute is worded as permissively as the Home Rule Act's provision governing local police. In May, for example, a federal court struck down many of the ever-shifting tariffs that Trump imposed during his time back in office. One of the plaintiffs' primary arguments in that case, known as V.O.S. Selections v. Trump, is that Trump illegally tried to use an emergency statute to address an ordinary situation. Trump primarily relied on a statute known as the International Emergency Economic Powers Act of 1977 (IEEPA) to justify his tariffs. That law gives him fairly broad authority to 'regulate' international transactions, but this power 'may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared.' Thus, the text of IEEPA is quite different from the text of the Home Rule Act. While the Home Rule Act permits the president to act whenever he determines that an emergency exists, IEEPA imposes two conditions on the president. One is that there must be an emergency declaration, but the other is that the president must invoke IEEPA to deal with an actual 'unusual and extraordinary threat.' Trump claims that many of his tariffs are justified because of trade deficits — the United States buys more goods from many nations than it sells — but the US has had trade deficits for at least two decades. So trade deficits are hardly an 'unusual and extraordinary threat.' Some of Trump's invocations of emergency power, in other words, are vulnerable to a legal challenge. But the question of whether any particular invocation may plausibly be challenged in court will turn on the specific wording of individual statutes. Will the courts actually enforce the 30-day limit? All of this said, the Home Rule Act does contain one very significant limit on presidential power: the 30-day limit. And the statute is quite clear that this limit should not be evaded. Again, it states that 'no' services made available to the president 'shall extend for any period in excess of 30 days, unless the Senate and the House of Representatives enact into law a joint resolution authorizing such an extension.' (The law also permits Congress to extend this 30-day limit by adjourning 'sine die,' meaning that Congress adjourns without formally setting a date for its return, something it typically only does for a brief period every year.) So what happens if, a month from now, Trump declares a new emergency and tries to seize control of DC's police for another 30 days? If the courts conclude that he can do that, they would make a mockery of the Home Rule Act's text. Presidents should not be allowed to wave away an explicit statutory limit on their authority by photocopying an old executive order and changing the dates.

Several options presented to transition Luzerne County Council to nine members
Several options presented to transition Luzerne County Council to nine members

Yahoo

time07-07-2025

  • Yahoo

Several options presented to transition Luzerne County Council to nine members

Jul. 6—Now that a Luzerne County Government Study Commission majority has settled on a recommendation to reduce the 11-member county council to nine members instead of seven, it must decide how the downsizing will be implemented if the revised home rule charter is approved by voters in November. Voters currently elect council members on a rotating schedule of five or six every two years, and the next future election in 2027 would be a six-member selection. Three options have been proposed to transition to nine members: —Choose six in 2027 and three instead of five in 2029. This keeps council at 11 members until the start of 2030. —Elect six members in 2027, with four-year seats for the top five vote recipients and a two-year seat for the sixth highest vote-getter. Four members would be elected in 2029 instead of five. This option also keeps council at 11 until the start of 2030. —Pick four members instead of six in 2027, which means the reduction to nine would take effect at the start of 2028. Commission members debated the pros and cons of these options last week. A vote on the matter is expected at the next regular commission meeting July 17. Commission hearing Although only one study commission public hearing was required and held, the commission agreed to hold a second one on Wednesday in Hazle Township, particularly to accommodate southern county residents. The hearing will be at 6 p.m. in the Hazle Township Commons Building, 103 W. 27th St. in the township. Instructions for the remote attendance option are posted in council's online meetings section (scroll down) at Voting system demonstration Also on Wednesday, from 5 to 7 p.m., the county election bureau will hold a public demonstration of county voting system options at the county courthouse on River Street in Wilkes-Barre. Attendees may complete a brief feedback survey to assist the election bureau with its recommendation of a voting system to be used in the county starting in 2026. Reconsideration of the voting system is appropriate at this time because the five-year maintenance and support contract with the supplier, Dominion Voting System, expires at the end of this year, county Manager Romilda Crocamo has said. In consultation with the county election board, the administration will eventually present county council with options on systems and pricing in case it wants to change, Crocamo has said. Another option for council would be negotiating a new maintenance and support contract to continue using the Dominion system for a set number of years. Four vendors responded in February to the county's request for proposals to provide a new voting system, and all have been invited to participate in the public demonstration: Dominion, Clear Ballot Group Inc., Election Systems and Software (ES&S) and Hart InterCivic. Ethics commission The county ethics commission will meet at 3:30 p.m. Monday in the county courthouse. Chaired by county Controller Walter Griffith, the commission is set to vote on the appointment of Attorney William Lawrence as commission solicitor and discuss the topic of proposing ethics code revisions to council, among other matters, the agenda said. Council meeting Council will hold a voting meeting and work session at 6 p.m. Tuesday in the courthouse, with remote attendance instructions posted in the online meeting section at Position posting The county has publicly advertised a new consolidated GIS/Planning and Zoning Director position at $92,000, according to a posting in the human resources department career opportunities section at Council voted earlier this year to merge the county Mapping/GIS Department and Planning and Zoning, with the administration saying the change will enhance decisions related to planning and development. Staff for both departments will remain the same with the exception of reducing department heads from two to one, officials had said. County GIS/Mapping Director Dan Reese has been serving as acting planning/zoning executive director since Matthew Jones resigned last May. Applications are due July 15. Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store