Latest news with #HomeRuleCharter
Yahoo
24-05-2025
- Politics
- Yahoo
Gaughan, county appealing court ruling in vacancy case
Lackawanna County and Democratic Commissioner Bill Gaughan are appealing a county judicial panel's ruling that the county's Home Rule Charter controls the process of filling former Democratic Commissioner Matt McGloin's vacant seat. Gaughan and the county, co-petitioners in litigation challenging the charter process, are also appealing the panel's ruling that the county lacks authority to proceed as a party in the legal matter. With Senior Judges Carmen D. Minora and Vito P. Geroulo in the majority and Senior Judge Robert A. Mazzoni dissenting, the three-judge panel ruled Thursday that the charter supersedes a state rule of judicial administration that would have removed the county Democratic Committee from the replacement process. It amounted to a legal victory for the committee, which the charter tasks with playing a major role in filling vacancies when a Democratic commissioner or other elected Democratic county row officer leaves office mid-term. Attorneys for Gaughan and the county filed a notice Friday in county court stating the parties are appealing the ruling in Commonwealth Court. The Scranton law firm Myers, Brier & Kelly filed the notice as part of its standing engagement, county spokesman Patrick McKenna said in an email, nothing there will be no further cost associated with the appeal. The HRC specifically tasks the Democratic Committee with submitting the names of three potential candidates to fill the vacancy for consideration by the commissioned judges of the county Court of Common Pleas, and the judges with appointing McGloin's successor from that short list. That process played out controversially in late February when the committee held a closed-door vote to submit former county Economic Development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey as potential appointees. Gaughan and the county challenged the charter process in March, arguing it violates Pennsylvania Rule of Judicial Administration 1908. That rule, adopted by the state Supreme Court in 2019, says the county court alone, not a political party, 'shall receive applications from any interested candidates for the position' pursuant to a deadline established by the court. Both sides made their respective cases in court filings and during oral arguments before the panel, with the committee arguing for the supremacy of the charter and Gaughan and the county for Rule 1908. Minora and Geroulo ultimately ruled the charter process supersedes the rule of judicial administration, writing that Gaughan and the county's reading of Rule 1908 'simply defies logic and means every time the court issues a new rule, be it administrative or procedural, HRC communities better hold their breath lest their constitutionally guaranteed right to self-rule be consumed … by a pac-man like anonymous rule making committee unanswerable to any public input.' Mazzoni, dissenting, wrote that the 'clear and unambiguous language in Rule 1908 … makes its application in this case compelling.' 'As noted in the language of Rule 1908, the application of this Rule makes the selection of a candidate more transparent and, of course, more diverse by creating a larger pool of worthy applicants,' Mazzoni wrote. 'A result which truly serves the ends of justice.' The senior judges spoke in one voice on another element of the case, unanimously ruling that the county lacks authority to proceed as a party to the matter while rejecting the claim that county Solicitor Donald Frederickson can commence and prosecute litigation on behalf of the county without authorization from a majority of the commissioners. The county has no authority to proceed because Republican Commissioner Chris Chermak, one of two sitting commissioners, never authorized the county's participation, per the ruling. Attorneys for Chermak — who himself objected to the use of county personnel, resources and taxpayer money to make the legal challenge — had argued in court against the county's participation for that reason. The senior judges did, however, rule that Gaughan has standing to proceed in his official capacity as commissioner since he has a substantial, direct and immediate interest in the case. 'The employment of an appropriate selection process can have an impact on Gaughan's ability to function as a Commissioner,' they wrote. The ruling notes that Chermak also has standing as a commissioner. County President Judge James Gibbons has not provided specific details or a timeline on how the county judges might proceed in light of Thursday's ruling, now being appealed, which orders them to 'follow the directives of the Home Rule Charter' when filling McGloin's seat. 'We will provide information as it becomes available,' Gibbons said in an email. Reached Friday morning, Frederickson said the appeal will stay Thursday's county court ruling pending a ruling from the appellate court. The notice of appeal filed Friday is not the appeal itself, which will be filed at a later date. County Democratic Chairman Chris Patrick declined to comment on the appeal beyond saying 'they have to do whatever they have to do.'
Yahoo
23-05-2025
- Politics
- Yahoo
Court gives ruling on vacant Commissioner's seat
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.
Yahoo
30-04-2025
- Politics
- Yahoo
May 3 Election: Zachary voters to decide on charter changes for city leadership and operations
BATON ROUGE, La. (Louisiana First) — Zachary voters will decide on Saturday whether to adopt the first update to the city's Home Rule Charter in 15 years. The charter serves as the city's guiding legal document, outlining how the government is structured and operates. According to the City of Zachary, the proposed updates aim to improve clarity, efficiency, and continuity in city leadership. The proposed changes affect multiple areas of government, including: Council qualifications and vacancies: Clarifies residency rules for council members and adds automatic forfeiture if qualifications are no longer met. Council meetings: Shifts the responsibility of running meetings to the mayor pro tempore instead of the mayor. Mayoral absence: Establishes a formal line of succession if the mayor is temporarily unavailable or disabled. Elected official compensation: Clarifies how pay is set and adjusted for the mayor, police chief, and council members. City administration: States that department heads no longer need to live in Zachary and defines responsibilities for the chief administrative and financial officers. Police Department: Confirms the police chief also serves as city marshal and can appoint a deputy marshal. Budget process: Reduces the mayor's budget proposal window from 60 to 45 days and sets a fallback plan if no budget is adopted. City bonds: Requires a majority council vote before the city can issue bonds or incur debt. Voters can review the full amended charter here. Polls will be open from 7 a.m. to 8 p.m. on Saturday, May 3. Voters not in the military or overseas have until 4:30 p.m. Friday, May 2 to return absentee ballots to the Registrar of Voters' Office. Find polling locations and other voter resources here. Central School Board asks voters to approve $35M bond issue Have a look at Starbucks' first 3D-printed store in the US John Elway's former agent dies after reported golf cart incident Louisiana bill that would ban buying soda with SNAP benefits advances Senate passes bill to repeal Biden-era rule on energy standards for appliances May 3 Election: Zachary voters to decide on charter changes for city leadership and operations Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
23-04-2025
- Politics
- Yahoo
Erie County Council taking Davis to court over Millcreek Twp. funds
A member of Erie County Council has responded to how Erie County Executive Brenton Davis is distributing funds to address stormwater issues in Millcreek Township. Council Chair Terry Scutella (D) said that while he sees the value in the projects that are being funded, he believes that the county executive did not go through the proper channels. He said that council is not happy with the way this is being done and they're taking Davis to court. 'It wasn't approved by council, giving the money to where he gave it to the municipalities we had marked it for someplace else, but still, you have to come to council and get approval, he didn't do that. It's just now with the Home Rule Charter, so we are going back to court,' he said. Scutella said that they are currently in court regarding the 2025 budget. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
23-04-2025
- Politics
- Yahoo
Judges hear oral arguments in legal fight over McGloin vacancy
SCRANTON — A panel of senior Lackawanna County judges heard oral arguments Tuesday in the legal battle Democratic Commissioner Bill Gaughan and the county initiated last month seeking to remove the Lackawanna County Democratic Committee from the process of replacing former Democratic Commissioner Matt McGloin. Senior county Judges Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo, who are collectively presiding over the legal matter, also heard arguments as to whether Gaughan and the county have standing to bring the civil case, whether county solicitor Donald Frederickson required authorization from a majority of commissioners to commence the litigation and whether the county should be removed as a party to it altogether. Tuesday's proceedings came more than a month after Frederickson and attorneys with the Scranton law firm Myers, Brier & Kelly filed a petition on behalf of Gaughan and the county asking the county Court of Common Pleas to amend a March 6 order on the process of replacing McGloin, who resigned in late February. Those parties specifically seek an amendment bringing the March 6 order into compliance with Pennsylvania Rule of Judicial Administration 1908, which would effectively remove the county Democratic Committee from the process of filling McGloin's seat for the almost three years remaining on his unexpired term. Lackawanna County Majority Commissioner Matt McGloin speaks during the budget hearing in the Lackawanna County Government Center in Scranton Wednesday, Nov. 20, 2024. The March 6 order signed by former county President Judge Trish Corbett maintained a replacement procedure established by the county's Home Rule Charter that tasks the Democratic Committee with providing the names of three potential appointees for consideration by the judges of the county court. The HRC process played out in late February when county Democratic Party leaders used a scoring rubric to narrow a list of 18 applicants to three finalists — former county economic development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — before the executive committee voted to advance those candidates to the judges. Corbett's order reset the clock on that process, giving the party five days from the date of the order to furnish the court with three potential appointees. County Democratic Party Chairman Chris Patrick resubmitted the same three names to the court the next day. By maintaining the HRC process, Gaughan and the county contend the March 6 order violated Pennsylvania Rule of Judicial Administration 1908, adopted by the state Supreme Court in 2019, which says the county court, not a political party, 'shall receive applications from any interested candidates for the position' pursuant to a deadline established by the court. President Judge James Gibbons, who succeeded Corbett as president judge March 17, paused the process of replacing McGloin pending resolution of the legal challenge. He also assigned the matter to the panel of senior judges Minora, Mazzoni and Geroulo. Before hearing arguments on the merits of the case — whether the process established by the HRC or the alternative process pursuant to Rule 1908 controls the replacement — the judges heard arguments for and against Republican Commissioner Chris Chermak's effort to remove the county as a party to the litigation. Chermak is opposed to the use of taxpayer money or county personnel to argue what he's described as a 'Bill Gaughan issue,' not a county issue. Representing Chermak on Tuesday were attorneys Paul J. LaBelle, the county's minority solicitor, and Howard Rothenberg. They contend Gaughan as a commissioner and the county lacked the authority to initiate the litigation without Chermak's approval. Attorney Adam Bonin, representing the county Democratic Committee, also argued that Gaughan lacks standing as a commissioner, as he can't be appointed to the vacant seat by virtue of the fact that he's already a sitting commissioner. Lackawanna County minority solicitor Paul J. LaBelle has a conversation next to county Solicitor Donald Frederickson before the commissioners' meeting in the county Government Center on Wednesday, April 16, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER) Attorney Dan Brier of the MBK firm, representing Gaughan and the county, argued among other points that Frederickson as county solicitor had a statutory duty to bring the litigation because the county has a legal interest in the matter. That interest, Frederickson said after the court session, is getting the appointment process right. Gaughan also has an immediate, direct and substantial interest in that respect, his attorneys contend. Rothenberg argued that the petitioners were confusing the concepts of duty and authority. Frederickson as the solicitor 'may have duties,' Rothenberg said, 'but he needs authority to act' — authority Chermak never granted. Chermak and his attorneys didn't take a position on the question of whether the Home Rule Charter or Rule 1908 should control the process of filling McGloin's vacant seat — a question Brier and Bonin addressed at length. The former argued that Rule 1908, adopted by the state Supreme Court, trumps the HRC, pointing to a section of the state constitution addressing judicial administration. That section gives the state Supreme Court the power to 'prescribe general rules of governing practice, procedure and the conduct of all courts' and notes that all laws 'shall be suspended to the extent that they are inconsistent with rules prescribed under these provisions.' Because the HRC process is inconsistent with Rule 1908, it should be suspended and superseded by Rule 1908 on constitutional grounds, Brier contends. But Bonin contends the question of how to fill a vacancy on the Lackawanna County Board of Commissioners is not a judicial matter, but a legislative one — essentially a policy decision — that Lackawanna County voters made when they adopted the HRC decades ago. The HRC as adopted by voters gives the county court the power to choose from a list of three candidates the Democratic Committee provides, but who those three candidates are is not up to the court, Bonin said. In adopting the HRC, county voters made a legislative choice empowering the county Democratic Committee to play that role in the replacement process, he argued. While the panel of judges didn't issue a ruling Tuesday, Mazonni noted that the matter 'appears to be a case of first impression,' meaning the issue before the court hasn't been addressed before. In other words, no court has been asked to decide whether Rule 1908 supersedes a home rule charter when there's an inconsistency between the charter and Rule 1908. As such, the panel's pending ruling will set a precedent, however the judges ultimately rule.
