Latest news with #LackawannaCountyDemocraticCommittee
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 This material may not be published, broadcast, rewritten, or redistributed.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
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.
Yahoo
23-04-2025
- Politics
- Yahoo
Oral arguments given over Lackawanna County commissioner vacancy
SCRANTON, LACKAWANNA COUNTY (WBRE/WYOU) — In February, Lackawanna County Commissioner Bill Gaughan filed a petition arguing the county should follow a Supreme Court ruling that allows anyone interested in Matt McGloin's vacant commissioner's position to apply. The Lackawanna County Democratic Committee argues that the home rule charter should apply, which would give the power of choosing three candidates out of a pool of applicants to the committee, before being handed off to county judges for final selection. On Tuesday, both sides argued in front of a panel of three judges. The legal teams for both the Lackawanna County Democratic Committee and the county argued for what they believe to be the correct way to choose the next commissioner that will fill former Commissioner Matt McGloin's seat. The county's team said that there are inconsistencies between both the Supreme Court ruling, Rule 1908, and the county's home rule charter, arguing that when an inconsistency occurs in a process such as this, the Supreme Court automatically trumps the other side. Pittston police uses social media to fight drug dealers However, the Democratic Committee's team does admit there are inconsistencies. This case is legislative, not judicial, so the home rule charter, which was adopted by county voters in 1979, still stands. The Democratic Committee questioned that, if Rule 1908 is chosen, does that mean anyone, not just Democrats, can apply to this position? The county argued that Rule 1908 specifically says candidates, not party, and that candidate is a specific term that should narrow it down to Democratic candidates only. The Democratic Committee also noted to judges that Rule 1908 simply says the court of common pleas will receive applications, but does not say it will consider them. Commissioner Chermak also filed to remove the county from this case, arguing that if Commissioner Gaughan wants to proceed with this, he should do so on his own as an individual, not a commissioner, utilizing taxpayer dollars. Arguments closed around 11:30 a.m. Tuesday, and there is no word on when a decision from the judges will be made. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-04-2025
- Politics
- Yahoo
Bolus sues over Lackawanna County commissioner vacancy
Scranton resident Bob Bolus entered the legal fray over the filling of a Lackawanna County commissioner vacancy. Bolus filed a lawsuit April 10 in Lackawanna County Court against Democratic Lackawanna County Commissioner Bill Gaughan that seeks to bar him from having county-paid legal representation in pending litigation over the vacancy of former Commissioner Matt McGloin. Gaughan and the county initiated litigation last month seeking to remove the Lackawanna County Democratic Committee from the process of replacing McGloin, a Democrat who resigned in late February. The vacancy litigation pits Gaughan/the county against the Lackawanna County Democratic Committee over whether the vacancy should be filled pursuant to the county's Home Rule Charter or a state court rule. The charter process had the Democratic Committee picking three candidates to forward to county judges, who then would select one to fill the McGloin vacancy. The Gaughan/county challenge to the charter process claims it is trumped by Pennsylvania Rule of Judicial Administration 1908 of 2019, which says the county court — not a political party — shall receive applications from any interested candidates for the position. Lackawanna County Senior Judges Carmen Minora, Robert Mazzoni and Vito Geroulo sitting as a panel will hear oral arguments Tuesday in the vacancy litigation. The lawsuit by Bolus, a Republican, raises arguments similar to those of Republican Lackawanna County Commissioner Chris Chermak — mainly that Gaughan acted unilaterally and if he wants to pursue the litigation, he should do so individually, with his own personal attorney and pay for his own legal bills. County Comissioner Chris Chermak listens to commissioner Bill Gaughan's comments at the conclusion of the Lackawanna County commissioners meeting at the Lackawanna County Government Center in Scranton on Wednesday, March 19, 2025. (REBECCA PARTICKA/STAFF PHOTOGRAPHER) Bolus has been a vocal critic of Gaughan for years and has portrayed him as a cartoon skunk on a tractor-trailer festooned with political messages. Bolus filed his lawsuit on a 'pro-se' basis, meaning without an attorney, and as a tort against Gaughan, and not as part of the vacancy litigation. Seeking a judgment in excess of $50,000, Bolus also filed on April 11 a companion petition for a preliminary injunction to stop Gaughan from using taxpayer funds to litigate the vacancy issue. 'By the time a civil case is litigated, the tax payer funds will have have been spent already,' Bolus' petition for an injunction says. As of Thursday afternoon, the court had not taken any action on Bolus' injunction petition. Whether he has legal standing to pursue such a lawsuit or whether it follows rules of civil procedure, or whether it might be rendered moot if the vacancy dispute is resolved first, all remain to be seen. Gaughan also had not yet formally responded in court to Bolus' lawsuit. In a phone interview Thursday, Gaughan said: 'I did receive it and I had a very, very good chuckle, a good laugh. I don't take Bob Bolus seriously at all. He's a fruit fly. He's a nuisance to society and this will most likely get dismissed, like almost every other lawsuit he's had.' Bolus argues he has legal standing to pursue the lawsuit as a property owner, resident and taxpayer in the county. Last week, the panel of judges did not allow the Democratic Committee's top candidate, former county economic development Director Brenda Sacco, to enter the vacancy litigation as an intervenor, ruling that she has no legal standing in the matter and her interests are adequately represented by the committee. The Democratic Committee also contends that Gaughan and the county lack legal standing to pursue the vacancy litigation. But Gaughan and the county reject that claim, citing law giving municipalities and their officials standing to challenge the constitutionality of actions affecting their government functions and interests.
Yahoo
18-04-2025
- Politics
- Yahoo
Bolus sues over Lackawanna County commissioner vacancy
Scranton resident Bob Bolus entered the legal fray over the filling of a Lackawanna County commissioner vacancy. Bolus filed a lawsuit April 10 in Lackawanna County Court against Democratic Lackawanna County Commissioner Bill Gaughan that seeks to bar him from having county-paid legal representation in pending litigation over the vacancy of former Commissioner Matt McGloin. Gaughan and the county initiated litigation last month seeking to remove the Lackawanna County Democratic Committee from the process of replacing McGloin, a Democrat who resigned in late February. The vacancy litigation pits Gaughan/the county against the Lackawanna County Democratic Committee over whether the vacancy should be filled pursuant to the county's Home Rule Charter or a state court rule. The charter process had the Democratic Committee picking three candidates to forward to county judges, who then would select one to fill the McGloin vacancy. The Gaughan/county challenge to the charter process claims it is trumped by Pennsylvania Rule of Judicial Administration 1908 of 2019, which says the county court — not a political party — shall receive applications from any interested candidates for the position. Lackawanna County Senior Judges Carmen Minora, Robert Mazzoni and Vito Geroulo sitting as a panel will hear oral arguments Tuesday in the vacancy litigation. The lawsuit by Bolus, a Republican, raises arguments similar to those of Republican Lackawanna County Commissioner Chris Chermak — mainly that Gaughan acted unilaterally and if he wants to pursue the litigation, he should do so individually, with his own personal attorney and pay for his own legal bills. County Comissioner Chris Chermak listens to commissioner Bill Gaughan's comments at the conclusion of the Lackawanna County commissioners meeting at the Lackawanna County Government Center in Scranton on Wednesday, March 19, 2025. (REBECCA PARTICKA/STAFF PHOTOGRAPHER) Bolus has been a vocal critic of Gaughan for years and has portrayed him as a cartoon skunk on a tractor-trailer festooned with political messages. Bolus filed his lawsuit on a 'pro-se' basis, meaning without an attorney, and as a tort against Gaughan, and not as part of the vacancy litigation. Seeking a judgment in excess of $50,000, Bolus also filed on April 11 a companion petition for a preliminary injunction to stop Gaughan from using taxpayer funds to litigate the vacancy issue. 'By the time a civil case is litigated, the tax payer funds will have have been spent already,' Bolus' petition for an injunction says. As of Thursday afternoon, the court had not taken any action on Bolus' injunction petition. Whether he has legal standing to pursue such a lawsuit or whether it follows rules of civil procedure, or whether it might be rendered moot if the vacancy dispute is resolved first, all remain to be seen. Gaughan also had not yet formally responded in court to Bolus' lawsuit. In a phone interview Thursday, Gaughan said: 'I did receive it and I had a very, very good chuckle, a good laugh. I don't take Bob Bolus seriously at all. He's a fruit fly. He's a nuisance to society and this will most likely get dismissed, like almost every other lawsuit he's had.' Bolus argues he has legal standing to pursue the lawsuit as a property owner, resident and taxpayer in the county. Last week, the panel of judges did not allow the Democratic Committee's top candidate, former county economic development Director Brenda Sacco, to enter the vacancy litigation as an intervenor, ruling that she has no legal standing in the matter and her interests are adequately represented by the committee. The Democratic Committee also contends that Gaughan and the county lack legal standing to pursue the vacancy litigation. But Gaughan and the county reject that claim, citing law giving municipalities and their officials standing to challenge the constitutionality of actions affecting their government functions and interests.
