In a 2-1 decision, a panel of Lackawanna County judges affirmed Thursday the county Democratic Party’s process for choosing former Commissioner Matt McGloin’s replacement.
Senior judges Carmen D. Minora and Vito P. Geroulo voted to affirm the process, but Senior Judge Robert A. Mazzoni dissented. All three ruled the county can’t be part of challenging the process because the Board of Commissioners never voted to approve a challenge.
It was unknown if the county’s full-time common pleas court judges — senior judges serve part-time — would immediately interview the Democratic Party’s recommended candidates or wait until the 30-day period for appeals expires.
President Judge James Gibbons said he would confer with his colleagues before issuing an order on the matter. Gibbons said he could not say when they would confer.
McGloin resigned Feb. 24. Three days later, the county Democratic Party Executive Committee, meeting privately, recommended three possible replacements. They are former county planning and community director Brenda Sacco, Olyphant Council President James Baldan and Scranton School Director Bob Casey.
Commissioner Bill Gaughan — who favored Dunmore Mayor Max Conway — and the county challenged the process.
They argued state law and a judicial rule requires the common pleas judges to start over, solicit applications, conduct interviews and choose to fill the vacancy without Democratic Party input. Mazzoni agreed with Gaughan's position.
County solicitor Don Frederickson argued state law gave him the authority to insert the county into the challenge.
The Democratic Party disagreed and argued its process, outlined in the county home rule charter, was the right one. The party and Commissioner Chris Chermak contended Frederickson couldn’t act without a public vote by the commissioners.
Pleased by the ruling, county Democratic Party chair Chris Patrick said the judges got it right.
“We were always pretty confident that the Home Rule charter should be followed, that that judicial rule was never meant to supersede the home rule charter,” Patrick said.
With the ruling against the county participating, Patrick questioned who would pay for the challenge.
“Who refunds the taxpayers for all the time that Don Frederickson put into this on taxpayer money on county time?” Patrick asked. “How are the taxpayers in Lackawanna County made whole, especially after they're sucking up a 33% (2025 property) tax increase here? How are they made whole for this wasted money?"
Gaughan said he's still reviewing the order and will likely comment Friday.
Efforts to reach Chermak were not immediately successful.
