With Scranton Mayor Paige Cognetti on her way to Congress, the City Council will have the job of replacing her once she resigns.
Pennsylvania's constitution forbids members of Congress from holding another salaried office in the state at the same time.
Cognetti, a Democrat, defeated Republican U.S. Rep. Rob Bresnahan in the election Tuesday, according to unofficial results. To serve in Congress, she will have to resign as mayor because it's a salaried office.
The day Cognetti resigns, the council president will become the acting mayor for up to 30 days, according to the city home rule charter and the city administrative code.
During those 30 days, council can appoint a replacement, according to the city's home rule charter. If the council doesn’t appoint someone within 30 days, the job will fall to the Lackawanna County Court of Common Pleas.
In an interview Wednesday, current Council President Tom Schuster confirmed the council will advertise for applications for a replacement once the mayor resigns and will publicly interview candidates.
He also confirmed the charter timeline but said the city administrative code contains a slightly different provision.
If the council can’t settle on a replacement and the job falls to the court, the court, if asked by 10 or more “qualified electors (voters),” can fill the vacancy by appointing someone “for the portion of the unexpired term as herein provided.”
Cognetti’s term as mayor expires Jan. 7, 2030.
In 2019, after Bill Courtright resigned as mayor, Cognetti won a special election that November to serve the last two years of his term.
Asked if a special election to replace Cognetti will take place next year, Schuster wasn’t sure.
“That's some of what we're working out right now,” he said. “The code and the charter say a couple different things, or they kind of conflict somewhat ... We also have state law ... but it depends on when the mayor resigns from her term.”
What state law says
State law says an appointed replacement “shall serve for the lesser of the following terms”:
- The remainder of the unexpired term.
- Until the first Monday of January after the next municipal election occurring at least 30 days after the vacancy occurred.
The next municipal election is next year, which appears to mean a special election for mayor should take place next year.
It’s unclear when the mayor plans to resign. Efforts to reach her Wednesday were unsuccessful.
Past mayoral transitions
Cognetti took office Jan. 6, 2020. She won a special election in November 2019, only months after the last time the council appointed a mayor to replace Courtright.
Courtright resigned as mayor July 1, 2019, during his second term, and pleaded guilty the next day to federal corruption charges and went to jail. Council President Pat Rogan became the acting mayor.
The council appointed Councilman Wayne Evans as mayor on July 24 to serve out the year. Evans was sworn in the next day and served until Jan. 6, 2020, when Cognetti was sworn into office to fill the last two years of Courtright’s term because she won the special election.
Home rule charter language
Here’s the language in the city home rule charter that describes how to fill a vacancy when the mayor resigns or dies before a term ends:
“Should a vacancy occur in the office of Mayor, the City Council shall fill such vacancy within thirty (30) days and in the ensuing period the President of Council shall serve as Acting Mayor.
“If by reason of a tie vote or otherwise, a vacancy in the office of Mayor shall not have been filled by the Council within the time as limited herein, the Court of Common Pleas shall fill such vacancy by appointment of a qualified person for the portion of the unexpired term as herein provided.”
Administrative code language
Here’s the language in the city administrative code:
“If by reason of a tie vote or otherwise a vacancy in the office of Mayor shall not have been filled by Council within the time as limited herein, the Court of Common Pleas, upon petition of 10 or more qualified electors, shall fill such vacancy by the appointment of a more qualified person for the portion of the unexpired term as herein provided.
"Until such time as either Council or the Court fills a vacancy in the office of Mayor, the Council President shall serve as acting Mayor and shall possess all the rights, perform all the duties and exercise all the powers thereof.”
