SCRANTON, LACKAWANNA COUNTY (WBRE/WYOU) — In February, Lackawanna County Commissioner Bill Gaughan filed a petition arguing the county should follow a Supreme Court ruling that allows anyone interested in Matt McGloin's vacant commissioner's position to apply.
The Lackawanna County Democratic Committee argues that the home rule charter should apply, which would give the power of choosing three candidates out of a pool of applicants to the committee, before being handed off to county judges for final selection.
On Tuesday, both sides argued in front of a panel of three judges.
The legal teams for both the Lackawanna County Democratic Committee and the county argued for what they believe to be the correct way to choose the next commissioner that will fill former Commissioner Matt McGloin's seat.
The county's team said that there are inconsistencies between both the Supreme Court ruling, Rule 1908, and the county's home rule charter, arguing that when an inconsistency occurs in a process such as this, the Supreme Court automatically trumps the other side.
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However, the Democratic Committee's team does admit there are inconsistencies.
This case is legislative, not judicial, so the home rule charter, which was adopted by county voters in 1979, still stands.
The Democratic Committee questioned that, if Rule 1908 is chosen, does that mean anyone, not just Democrats, can apply to this position?
The county argued that Rule 1908 specifically says candidates, not party, and that candidate is a specific term that should narrow it down to Democratic candidates only.
The Democratic Committee also noted to judges that Rule 1908 simply says the court of common pleas will receive applications, but does not say it will consider them.
Commissioner Chermak also filed to remove the county from this case, arguing that if Commissioner Gaughan wants to proceed with this, he should do so on his own as an individual, not a commissioner, utilizing taxpayer dollars.
Arguments closed around 11:30 a.m. Tuesday, and there is no word on when a decision from the judges will be made.
