Latest news with #Rule1908
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
Majority of judges rule Home Rule Charter prevails in vacancy fight
The Lackawanna County Home Rule Charter's process for filling former Commissioner Matt McGloin's vacant seat supersedes a state rule of judicial administration that would have removed the county Democratic Committee from the replacement process, the majority of a panel of senior county judges ruled. While split on that question, the panel unanimously ruled that the county — which as a co-petitioner brought litigation challenging the charter process alongside Democratic Commissioner Bill Gaughan — does not have the authority to proceed as party in the matter. Republican Commissioner Chris Chermak and his attorneys had argued against the county's right to do so or participate in the case at all, since Chermak, one of two sitting commissioners, never authorized the county's participation. Thursday's ruling comes a month after the panel of Senior Judges Carmen D. Minora, Vito P. Geroulo and Robert A. Mazzoni heard oral arguments in the litigation Gaughan and the county initiated in March seeking to remove the county Democratic Committee from the process of replacing McGloin, a Democratic commissioner who resigned and left office in late February. Objecting to the HRC process the committee followed in nominating three potential replacements — former county Economic Development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey — attorneys for Gaughan and the county argued in court that the HRC procedure violated Pennsylvania Rule of Judicial Administration 1908, adopted by the state Supreme Court in 2019. The Democratic Committee rejected that argument, arguing in court for the supremacy of the charter. Lackawanna County Commissioner Bill Gaughan speaks during the commissioners' meeting held at the county Government Center in Scranton Wednesday, April 16, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER) The HRC tasks the Democratic Committee with submitting the names of three potential candidates to fill the vacancy for consideration by the judges of the county Court of Common Pleas, and the judges with appointing McGloin's successor from that short list. Rule 1908, on the other hand, 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. Minora and Geroulo ruled that the charter supersedes Rule 1908, with Mazzoni dissenting. The majority ruling amounts to a legal victory for the county Democratic Committee. 'The logic behind the entire HRC concept is to provide HRC municipalities with power at the local level to govern at the local level,' Minora and Geroulo wrote in their ruling, which notes 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.' In his dissent, Mazzoni disagreed that the HRC controls the replacement process, noting the 'clear and unambiguous language in Rule 1908 … makes its application in this case compelling.' He also reiterated a point he made in court last month that the matter appears to be a case of first impression, meaning the issue before the court hadn't been addressed before. In other words, no court had been asked to decide whether Rule 1908 supersedes a HRC when there's an inconsistency between the charter and Rule 1908. '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.' Gaughan raised transparency concerns both before and after the Democratic Committee submitted Sacco, Baldan and Casey for the judges' consideration, blasting the way the committee went about nominating those three from a larger pool of 18 candidates as opaque and politically tainted. County Democratic Chairman Chris Patrick repeatedly defended his process as complying with the charter. 'We just received the ruling and we're currently reviewing it and we will decide very soon on how to proceed,' Gaughan said Thursday. Patrick said his committee stood behind the charter from the beginning. 'We knew it was the right and legal process,' he said. 'At the end of the day I'm just thankful that the senior judges ruled and decided to defend the integrity of the Home Rule Charter. … As far as I'm concerned it's time to move on. There's been enough fighting. There's been enough name calling.' How and when the county court judges might proceed with the three potential appointees before them remains to be seen, but the majority ruling 'orders the commissioned judges that the active court follow the directives of the Home Rule Charter' when voting to fill McGloin's seat. Standing The senior judge panel's ruling on the issue of standing and the county's continued participation in the legal matter was unanimous, with all three finding the county lacks authority to proceed as a party to the litigation. They also rejected 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, but ruled that Gaughan does have standing to proceed in his official capacity as commissioner. 'To permit a single commissioner without majority concurrence to unilaterally proceed in the name of the County would lead to chaotic results infused with political agendas this Court is not willing to sanction,' the judges wrote. Chermak had objected to the use of county resources and personnel in, and taxpayer money to fund, the legal battle. He said in a statement he was pleased with the judges' unanimous decision to remove the county from the litigation. Lackawanna County Commissioner Chris Chermak listens during the commissioners' meeting held at the county Government Center in Scranton Wednesday, April 16, 2025. (SEAN MCKEAG / STAFF PHOTOGRAPHER) '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,' he said. In permitting Gaughan in his capacity as commissioner to proceed, the judges found 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. 'Without Gaughan's challenge, he would be conceding to a selection process which he feels is unconstitutional.' Whether Gaughan appeals the ruling remains to be seen.
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
05-04-2025
- Politics
- Yahoo
Sacco seeks to join legal fight over Lackawanna County commissioner vacancy
Brenda Sacco, the top candidate chosen by the Lackawanna County Democratic Committee to fill a county commissioner vacancy, wants to enter the legal battle over the seat, claiming she is victim of a 'smear campaign' against her via reporting by The Times-Tribune. Sacco, represented by attorney Paul Walker, filed Thursday in Lackawanna County a petition to be allowed to intervene in the case. A judge has not yet ruled on whether to allow Sacco to enter the case. If allowed to become a party in the pending litigation started by Commissioner Bill Gaughan and the county over the vacancy, Sacco also will file a motion for a 'protective order' against what she sees as Gaughan and the county orchestrating 'false news stories' about her actions as former director of the county Department of Economic Development. County Commissioner Bill Gaughan rebuts comments made by Commissioner Chris Chermak following the public comment portion of the Lackawanna County commissioners meeting at the Lackawanna County Government Center in Scranton on Wednesday, March 19, 2025. (REBECCA PARTICKA/STAFF PHOTOGRAPHER) Sacco's petition is the latest development in the now-paused process of replacing former Democratic Commissioner Matt McGloin and the political war it has ignited. Gaughan and the county challenge the Home Rule Charter process that had the Lackawanna County Democratic Committee picking three candidates to forward to county judges, who then would select one of the three. County Commissioner Matt McGloin speaks during the Lackawanna County Commissioner reorganization meeting at The Government Center in Scranton. The Gaughan/county challenge claims the charter is trumped by Pennsylvania Rule of Judicial Administration 1908 of 2019, that says the county court — not a political party — shall receive applications from any interested candidates for the position. Following Rule 1908 would effectively remove the Lackawanna County Democratic Committee from the process of filling McGloin's seat for the nearly three years remaining on his unexpired term. Meanwhile, Republican Commissioner Chris Chermak opposes the county's participation in the litigation and also has filed in court a legal action called a praecipe to remove the county as a party to the case. Now, Sacco wants in on the litigation, claiming her interests are not adequately addressed by either Gaughan/the county or Chermak because neither of them 'can fully assert her unique stake as the highest-scoring nominee facing personal reputational attacks, necessitating her direct participation' in the case, her petition argues. If allowed to enter the case directly, she would back the Home Rule Charter/county Democratic committee process that made her the top finalist, and also would file a separate motion for a protective order against Gaughan/the county 'from orchestrating false news stories about (her) in the local press.' Sacco says she is proud of her record and 'unafraid of legitimate scrutiny,' but Gaughan and his 'agents have gone beyond what is reasonably expected, orchestrating a smear campaign' to sink her nomination. Furthermore, documents obtained by journalists were 'routine grant applications' processed by Sacco when she was county economic development director and were 'improperly handed to the press with an accompanying false narrative that the documents somehow evidence unethical conduct or insider dealing' by her, according to her petition. In response to such claims in Sacco's petition, Lackawanna County Solicitor Don Frederickson issued a statement Friday saying: 'To the extent that Lackawanna County is being accused of 'leaking' information to the press, this accusation is completely false and not based in reality. Any information which the county has provided to the press is public information which any citizen and taxpayer is entitled to receive. At no time was any confidential or privileged information relating to any employee or former employee disseminated by the county government.' Court scheduling for filing of briefs and hearing arguments will extend the case to April 22. If she is not allowed to intervene, 'this case will be alive in the press for three more weeks,' during which her reputation and character could be further impugned by reporting about her county-employment actions and current job working for the State Workers Insurance Fund, according to her petition. Sacco's petition also claims: • The Gaughan/county petition for Rule 1908 is 'frivolous' and affects her 'legally enforceable interest … to pursue the appointment that she rightfully and humbly seeks;' and it's 'a pretext to delay' her appointment in order to 'conduct a negative public relations campaign against (her).' • The Home Rule Charter process has been followed many times over the years, including most recently regarding Edward Staback filling a Democratic vacancy and Bruce Smallacombe filling a Republican vacancy.
Yahoo
26-03-2025
- Politics
- Yahoo
Judge Nealon appointed to fill election board vacancy
Lackawanna County Judge Terrence R. Nealon will fill a vacancy on the county Board of Elections created by former Commissioner Matt McGloin's resignation. Per the state Election Code, commissioners make up the election board in years when the office of commissioner isn't on the ballot. When a member of a board of commissioners is a candidate for nomination or election to that or any other public office, the code tasks the president judge of the county Court of Common Pleas with appointing 'a judge or an elector of the county' to serve in their stead. While that isn't the case this year, McGloin's late February resignation as commissioner also created the election board vacancy. Donald Frederickson, the solicitor for both the county and the election board, sent county President Judge James Gibbons correspondence last week asking Gibbons to appoint someone to fill the vacancy for the upcoming primary election May 20. Among other duties, the election board appoints election workers, sites polling places, approves election ballots and ultimately certifies election results. Last year, McGloin and fellow Democratic Commissioner Bill Gaughan, acting in their election board capacity, approved the use of several secure ballot drop boxes for November's presidential election over Republican Commissioner Chris Chermak's objections. In an order dated Monday, Gibbons appointed Nealon to fill the election board vacancy 'until further Order of this Court.' The controversial process of filling McGloin's commissioner seat, meanwhile, remains ongoing. Gibbons paused that process last week after Gaughan and the county challenged it in court. A panel of three senior county judges — Carmen D. Minora, Robert A. Mazzoni and Vito P. Geroulo — who will hear arguments and rule on issues raised in a petition Gaughan and the county filed with the court last week. At issue is which replacement process ought to be followed to fill McGloin's seat: one established by the county's Home Rule Charter involving the Lackawanna County Democratic Committee or an alternative process prescribed under Pennsylvania Rule of Judicial Administration 1908 involving the county court alone. The Home Rule Charter process played out last month and saw the committee advance three candidates for consideration by the county judges. They include former county economic development Director Brenda Sacco, Olyphant Borough Council President James Baldan and Scranton School Director Robert J. Casey. A March 6 court order signed by former President Judge Trish Corbett maintained but reset that clock on that process, giving the committee five days from the date of the order to furnish the court with three candidates. County Democratic Party Chairman Chris Patrick ultimately resubmitted the same three names to the judges. The court order violated Rule 1908 and should be amended, Gaughan and the county contend. Rule 1908 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. The amendment Gaughan and the county seek would effectively remove the Democratic Committee from the process. Chermak, meanwhile, seeks to remove the county as a party to Gaughan's legal action. When the three-judge panel might schedule proceedings in the matter remains to be seen.
