The state Supreme Court issued an emergency order that blocked Brenda Sacco from taking the oath of office Friday morning as Lackawanna County’s new commissioner.
The court also agreed to take up Commissioner Bill Gaughan's appeal of two lower court rulings that would allow Sacco to become the new commissioner.
The emergency order, issued Friday morning shortly before Sacco would have filled the seat, extends the monthslong court battle over the vacancy. The swearing in of Lauren Bieber Mailen as clerk of judicial records went on as planned.
Gaughan said he's pleased at the Supreme Court's actions.
"I've said from the beginning that it's serious matter that needs to be decided by the Supreme Court, and they have agreed with me," Gaughan said.
Chris Patrick, chairman of the county's Democratic Party, had expected to see Sacco — one of three names the party had recommended to the court for consideration — become commissioner on Friday. County judges met Thursday evening and chose to appoint Sacco to the vacancy.
"We have been seven months now without a third commissioner ... I think it's a disservice to the taxpayers of Lackawanna County," Patrick said. "We have budgets to worry about. We have a messed up reassessment to worry about, and we're just looking to move things forward. And it's just an appeal after an appeal after an appeal."
Efforts to reach Sacco on Thursday and Friday were unsuccessful.
Meanwhile, the Democratic Party is fighting the county Board of Elections' decision to hold a special election for the commissioner seat in November. A hearing is scheduled for Wednesday.
As a board member, Gaughan voted for special elections Nov. 4 for commissioner and clerk of judicial records.
"And I'm hoping that it turns out that way, and that the Democratic Party and (Commissioner) Chris Chermak get out of the way and let the special election happen," Gaughan said.
Friday's Supreme Court emergency order did not specifically address the appointment of Bieber Mailen, though the legal issues surrounding her appointment are similar.
After holding interviews Thursday, seven county common pleas court judges signed orders appointing Sacco and Bieber Mailen to fill the vacancies.
Bieber Mailen sworn in
Bieber Mailen was sworn in Friday morning by Judge Michael Barrasse, a close friend of her late father, George Bieber, the former security director at the Wilkes-Barre/Scranton International Airport.
She replaces Mauri Kelly, who retired Tuesday. Bieber Mailen, 40, of Moosic, had worked as lieutenant of records at the Lackawanna County Prison.
The new row officer became emotional as she addressed family, friends and the media. Her father died in June.
"I know he's with us, in our hearts," she said. "I look forward to taking on this next adventure."
Supreme Court order
Sacco would replace former Commissioner Matt McGloin, who resigned in February.
Instead, the state’s top court, in the morning, approved the county Gaughan’s request for an emergency order that delays any appointment of a new commissioner. In the afternoon, the Supreme Court agreed to hear Gaughan's appeal of the lower court rulings.
The county and Gaughan asked the Supreme Court to listen to their appeal to overturn two lower court rulings that allowed the appointment of someone to replace McGloin.
With the common pleas court scheduled to appoint replacements, the county and Gaughan asked the Supreme Court for an emergency order barring the commissioner appointment Wednesday.
The court did not rule by the time the common pleas judges met to appoint Sacco and Bieber Mailen, but did so Friday morning.
President Judge James Gibbons issued an order shorty after that, temporarily halting Sacco's appointment.
Procedural background
After McGloin resigned, the county Democratic Party met and overwhelmingly voted to recommend Sacco, Olyphant Council President James Baldan and Scranton School Director Bob Casey. The party relied on a county home rule charter process that allows the party of a resigned official to recommend three replacements and requires the common pleas judges to pick one.
Gaughan challenged that in court, saying state law, the state constitution and a Supreme Court administrative rule trump the charter and require the common pleas judges to solicit applications and pick someone without the party having a direct say.
Three senior county common pleas judges voted 2-1 to uphold the home rule charter process. Gaughan and the county appealed, but the state Commonwealth Court affirmed the county court decision.
Gaughan and the county then went to the Supreme Court.
The emergency order says the appointment process is automatically stopped until the appeal ends. The order granting the appeal says the court will decide the question of whether the home rule charter trumps the administrative rule.
UNDERSTANDING THE PROCESS
Lackawanna County Commissioner Matt McGloin's resignation in February touched off a complex, monthslong replacement battle. For anyone trying to keep track of who's who and what happened when, here is a rundown of key developments.
