The Lackawanna County Democratic Party’s top-ranked candidate for a county commissioner vacancy can’t join a court case that will determine how the job is filled.
In a court order Wednesday, three senior county common pleas court judges ruled the county Democratic Party can adequately represent Brenda Sacco’s interests.
In late February, the party sought and reviewed applications, then recommended Sacco, the county’s former community development director, and two others as potential replacements for former Commissioner Matt McGloin, who resigned.
Normally, under the charter, the recommendations go to the common pleas court judges, who must pick one. The county home rule charter outlines the procedure.
The county and Commissioner Bill Gaughan, who wanted favored a candidate who wasn’t among the party’s three finalists, challenged the procedure. Citing a state judicial rule for filling vacancies, they argue the judges should start over. The judges should seek new applications and conduct interviews, then choose and pick a new commissioner, Gaughan and the county contend.
The Democratic Party argues that judicial rule doesn’t apply and the charter process is the right procedure.
Last Friday, Sacco filed a petition to become part of the case, which would have allowed her and her lawyer to present evidence and legal arguments.
Senior judges Vito P. Geroulo, Robert A. Mazzoni and Carmen D. Minora said that isn’t necessary. In ruling the party can represent Sacco adequately, the judges said her lawyer defended the charter process with “the same exact language” as the party.
The judges have given both sides until Monday to file final legal briefs supporting their arguments. A hearing is scheduled for April 22.
Attorney Paul James Walker, Sacco's lawyer, said she would not appeal the decision, but continues to believe the party selection process was proper.
"She remains confident that her interests and the integrity of the process will continue to be effectively defended by the (Democratic Party)," Walker said in an email. "She is committed to transparency, truthfulness, and fairness and will continue to serve the community with integrity."
