SCRANTON, LACKAWANNA COUNTY (WBRE/WYOU) — The battle over filling the vacant Lackawanna County Commissioner seat is heating up as new legal arguments unfold.
The Lackawanna County Democratic Committee officially filed a legal response on Monday, claiming the county's home rule charter should determine how the seat is filled, not a Pennsylvania court rule from 2019.
The controversy began when former Commissioner Matt McGloin resigned, leaving nearly three years on his term.
Under the Home Rule Charter, the Democratic Committee selected three candidates for county judges to choose from:
Brenda Sacco
James Baldan
Robert J. Casey
But Commissioner Bill Gaughan and the county challenged that, according to a 2019 Supreme Court ruling, the court, not a political party, should accept applications from any interested candidate.
Cold case arrest after body found in garbage bags on I-80
The Democratic Committee disputes this, saying the rule cited by Gaughan doesn't apply to county commissioner vacancies under a Home Rule Charter, unlike those under the Pennsylvania borough code or public school code.
The filing reads: "The Supreme Court cannot simply promulgate internal rules that change the scheme of an enacted Pennsylvania home rule charter."
The petition also emphasizes that the Home Rule Charter, enacted in 1976, outlines a specific process for filling vacancies where the political party selects nominees and the court appoints one.
The democratic committee claims that overriding this charter would violate the will of the county's voters.
In a statement to 28/22 news, Committee Chairman Chris Patrick says in part:
I was told by the county solicitor in the beginning to follow the home rule charter and that's exactly what I did. I stand behind the process we used… Whatever decision they make I will respect and follow.
Committee Chairman Chris Patrick
Adding to the fire, Republican Commissioner Chris Chermak has filed to remove the county from the legal fight, saying it shouldn't take sides.
Meanwhile, nominee Brenda Sacco has filed to join the case, claiming she's been unfairly targeted by media reports. She's also seeking a protective order against Gaughan and the county.
A panel of three senior Lackawanna County judges scheduled oral arguments for April 22, with briefs from all parties due by April 14.
