Political parties in Lackawanna County can continue relying on the county home rule charter to replace commissioners who leave office before their terms end, the state Supreme Court ruled Monday.
The ruling means former county planning and economic development director Brenda Sacco could temporarily replace former Commissioner Matt McGloin, but county Democratic Party chairman Chris Patrick said that won’t happen.
Sacco would likely have to give up her state job to become commissioner and would have to give up the commissioner seat once the winner of the Nov. 4 special election is certified later in the month, lawyers in the case said. Sacco is not a candidate in the special election.
“Why would she” give up the state job to serve only until the election winner is decided? Patrick asked.
In a text, Sacco, an administrative officer for the State Workers’ Insurance Fund, said her lawyer would soon issue a statement on her behalf. Earlier, attorney Paul James Walker said he has not spoken to Sacco and could not comment until he does.
KEEPING TRACK
Here is a rundown of key events in the commissioner-replacement saga over the course of this year.
The special election candidates
The candidates for McGloin's seat are Democratic nominee Thom Welby of Scranton, Republican nominee Chet Merli of Blakely and independent Michael Cappellini of Jessup.
The election will bring to an end a legal saga that began eight months ago and ended with Tuesday's ruling.
The latest Supreme Court ruling
In a 5-0 ruling, the Supreme Court said the county home rule charter does not conflict with its administrative rule that allows county judges to replace county commissioners.
“Instead, the two provisions act in concert to provide the court of common pleas with a procedure to be followed when acting to fill a vacancy in the Lackawanna County Board of Commissioners,” three of the five judges wrote in the main opinion. “And even if we were to conclude the provisions conflict, ... the charter does not impermissibly attempt to regulate judicial procedure.”
Two other judges filed a concurring but separate opinion.
How the saga all began
McGloin resigned Feb. 24. Three days later, relying on the home rule charter process and the advice of the county solicitor, the county Democratic Party executive committee recommended Sacco and two others to the county common pleas court judges.
The judges scheduled interviews with the three but postponed them when the county and Commissioner Bill Gaughan challenged the process in court.
The county and Gaughan claimed the Supreme Court administrative rule trumps the charter process. They wanted the county judges to solicit new applications and interview candidates without the party having a direct recommendation.
A panel of senior county judges sided 2-1 with the Democratic Party and the state Commonwealth Court upheld the decision.
The county judges went ahead and selected Sacco to replace McGloin until his term ends in January 2028 or an election takes place, but held off on swearing her in until the Supreme Court ruled. Efforts to determine if the county court would seek to swear in Sacco were not immediately successful.
The second court battle
After the Commonwealth Court issued its ruling in that case, the county Board of Elections, which includes Gaughan, voted to call a special election for commissioner.
The county Democratic Party tried to block that by asking for an emergency court order, but a different panel of county judges sided with Gaughan and the county and declined to block the special election. The party's appeal to the Commonwealth Court failed.
Patrick criticizes Gaughan
Patrick, who has regularly criticized Gaughan during the months of legal battles, ripped the commissioner again.
"Bill Gaughan’s reckless pursuit of power has finally caught up with him. Every court in Pennsylvania, including the Supreme Court, has made it clear — he was wrong," Patrick said Monday. "But instead of accepting responsibility, he doubled down, wasting taxpayer money and embarrassing Lackawanna County in the process."
He accused Gaughan of "backroom politics," a charge the commissioner has repeatedly leveled at Patrick and the party for months for running a secretive selection process.
"The whole situation reeks of backroom politics — the same tired network of insiders, connected law firms, and courthouse relationships that have dominated this county for decades. It’s the kind of back-scratching and favor-trading that has held Lackawanna County back for far too long," Patrick said. "The people deserve transparency, not secret deals behind closed doors. Gaughan’s immaturity, arrogance, and obsession with control have made him unfit to serve as a county commissioner. His tax increases, his botched reassessment, and his blatant attempt to hand-pick McGloins replacement in Michael Cappellini prove it’s about power — not people. Voters have the chance to end this cycle of insider politics at the polls and send Bill Gaughan, Cappellini, and the real machine packing once and for all."
Patrick and the party are backing Welby. Gaughan and state representatives Kyle Donahue and Kyle Mullins have endorsed Cappellini.
Gaughan reacts
Gaughan, who said he respects the latest decision, said Patrick's "tantrum isn’t relevant."
"What’s relevant is that the voters of Lackawanna County will pick the next commissioner which he fought hard against," Gaughan said Monday. "Patrick’s comments are the height of hypocrisy coming from one of the county’s most notorious backroom wheeler-dealers. For years, Patrick has operated in the shadows, cutting political deals, protecting insiders, and manipulating the local democratic committee to serve his own interests."
Gaughan said Patrick runs the only political machine left in county politics, a machine the chairman "has spent years oiling — the same old boys club that put their friends first and taxpayers last."
"They are furious that a reform-minded commissioner like me has finally broken their grip on power," Gaughan said. "Chris Patrick represents the past — the smoke-filled rooms, the whispered deals, and the recycled names. I represent the future, open books, fiscal discipline, and honest government. If Chris Patick wants to talk about who’s held Lackawanna County back, he might want to start by looking in the mirror."
EDITOR'S NOTE: Commissioner Bill Gaughan and the county's lawyer in the legal challenge mentioned was attorney Dan Brier, a partner in the Myers, Brier & Kelly law firm. Attorney Robert T. Kelly, Jr., also a firm partner, is a WVIA board member.
