The Lackawanna County Board of Elections wants voters to pick who becomes the next commissioner. The board on Friday approved adding the vacant commissioner's seat to the Nov. 4 ballot.
But the move to fill the seat left vacant the last six months drew strong criticism from the county’s Democratic party and Republican commissioner.
Democratic Commissioner Bill Gaughan, at odds with his party and the way its leaders tried to appoint a replacement for Matt McGloin, called the election a win for transparency.
“The next county commissioner should not be the product, in my opinion, of a closed door process, shrouded in secrecy and mystery,” Gaughan said during the meeting.
But Chris Patrick, chair of the county’s Democratic party issued a statement, calling it an “illegal special election” and "hypocritical."
Both the county Democratic and Republican parties have until Sept. 15 to pick a candidate for the ballot. Independent candidates may also run.
The process to name a replacement has been the subject of great debate — and court filings — since McGloin resigned in February. Gaughan had wanted Dunmore Mayor Max Conway to fill the vacancy. When the party released its three finalists — not including Conway — the commissioner challenged the home rule charter process in court.
The ongoing battle may not be over. On Friday morning, Lackawanna County Court set interviews for the Democratic party’s three finalists: former county planning and economic development director Brenda Sacco, Olyphant Council President James Baldan and Scranton School Director Bob Casey. The interviews with county judges, who will choose a replacement, are scheduled for Thursday at 3:30 p.m.
President Judge James Gibbons said on Friday afternoon that the court could not schedule the interviews while Gaughan's lawsuit was pending in Commonwealth Court. But without action from the state Supreme Court, the interviews can move forward.
Gibbons had not been informed of the election board's decision to hold a special election. The judge said he could not get into the legalities of how long an appointee would serve if an election is also held.
"We're just moving ahead with what we're charged to do, and that's to appoint someone," he said.
Reviewing the Home Rule Charter
Lackawanna County’s home rule charter defines how the government can operate and the rules its leaders must follow.
The charter calls for the political party of the person who resigned to submit a list of three names to the court, with the court making the appointment to temporarily fill the vacancy. The governing document also calls for a special election to be held at the next municipal or general election to permanently fill the vacancy.
At the time of McGloin’s resignation, leaders didn’t think the special election mandate applied because state law didn’t allow for it. Additional review and other court decisions made leaders change their minds.
Earlier this month, Gaughan asked the state Supreme Court to overturn lower court rulings that allow political parties to suggest replacements for former commissioners. The Supreme Court has not announced whether it will take the case.
Voting for a special election
County Judge Terrence R. Nealon, appointed to the three-person board of elections in the absence of a third commissioner, explained his legal reasoning at length before voting to hold the special election.
Gaughan joined him in the vote. Commissioner Chris Chermak, citing unanswered questions and concerns about the precedent the move would set, abstained from voting.
The Republican, along with his solicitor Paul LaBelle, had many questions for Nealon. Chermak questioned whether in the future, a special election could give one party all three seats, instead of the current 2-1 majority/minority makeup.
“You know, nothing would make me happier to see a Republican win this special election, and then, you know, things would change,” Chermak said. “But that doesn't make it right.”
After the vote, Gaughan questioned the motives of those against a special election.
“It’s amazing to me that the chairman of the Democratic party doesn't want to have an election,” Gaughan said. “What deal has been made? I’m interested in doing the right thing.”
The election board did not take action on the second item on the agenda: adding a special election for clerk of judicial records to November’s ballot. Since Mauri Kelly won’t resign until Sept. 2, there is no vacancy yet, officials said.
The meeting will continue at noon on Wednesday, the day after she resigns.
