Lackawanna County’s common pleas court judges will wait until at least Wednesday to appoint a replacement for former County Commissioner Matt McGloin, a court official said Friday.
Court Administrator Frank Castellano said the court will defer to a county legal opinion that argues McGloin’s seat isn’t vacant until the remaining commissioners vote to accept his resignation.
In a letter Feb. 21, McGloin said he would resign effective this past Monday.
The commissioners’ next meeting is Wednesday when the remaining commissioners, Bill Gaughan and Chris Chermak, will vote on accepting the resignation.
Chermak said he would accept the resignation. Efforts to reach Gaughan were unsuccessful Friday.
Castellano said he hasn’t scheduled a date and time for the judges to meet to discuss a replacement.
“I really don’t want to get ahead of myself,” he said.
In a legal opinion sent to Castellano on Thursday, county solicitor Don Frederickson cited a 1989 state Commonwealth Court ruling that says municipal governing bodies must vote to accept a governing body member's resignation to create a vacancy.
County Democratic Party chairman Chris Patrick said party lawyers contend that isn't true and McGloin's resignation went into effect Monday. Patrick said the remaining commissioners never voted to accept Commissioner Corey O’Brien’s resignation in 2015. The party simply recommended replacements and the judges picked former state Rep. Ed Staback, he said.
Either way, Patrick said, “I’ve completed my process.”
Led by Patrick, the county Democratic executive committee voted overwhelmingly to recommend three people at a meeting Thursday evening.
They are Olyphant Council President James Baldan; Scranton School Director Bob Casey; and former county planning and economic development director Brenda Sacco. Patrick confirmed the names and said he submitted them to the judges Friday.
Gaughan and McGloin dismissed Sacco from that job in January 2024.
Sacco issued a statement Friday morning saying she's "incredibly honored" to be a finalist.
"This county means so much to me, and the possibility of serving our residents in this role is both humbling and exciting. I believe strong leadership is built on teamwork, discipline and a commitment to getting results," she said. "If selected, I will bring a collaborative and responsible approach to county government, ensuring that all municipalities receive the attention and support they deserve. My focus will always be on serving the people with integrity, accountability, and a vision for the future."
In a text later, Sacco, an administrative officer for the State Workers' Insurance Fund since October, said she doesn't view the end of her county tenure as a firing.
"The truth is I have great respect for Commissioner Gaughan, and I supported him when he ran," she said. "If I am chosen, I hope and expect to work very well with him given our combined experience and dedication to the county."
She worked for the county for almost 11 years, the last five as the top economic development official.
Frederickson’s opinion suggested another possibility – perhaps the court might run its own selection process.
He pointed to rules the state Supreme Court adopted in 2019, four years after O’Brien’s vacancy was filled. The rules say the common pleas court must accept applications to fill a commissioner vacancy and choose who should get the job.
“I just wanted the court to be aware of it,” Frederickson said in an interview.
Castellano said the court was already aware of the new rules and asked for advice earlier from the Administrative Office of the Pennsylvania Courts.
He declined to share the advice, but said the court would decide from among the Democratic Party’s recommendations.
“We are not planning our own selection process,” Castellano said.
