SCRANTON, LACKAWANNA COUNTY (WBRE/WYOU)— A decision on how to proceed with filling the Lackawanna County Commissioner Vacancy was announced in a ruling.
In that ruling, the judges voted 2-1 in favor of siding with the Lackawanna County Democratic Committee that the vacancy of the County Commissioner seat should be filled in line with the Home Rule Charter instead of Pennsylvania Rule of Judicial Administration 1908, proposed by Commissioner Gaughan.
The Home Rule Charter states that Court of Common Pleas of Lackawanna County shall choose from the three names submitted by the Lackawanna County Democratic Committee (LCDC).
The Pennsylvania Rule of Judicial Administration 1908 states that when a court is filling vacancies to an elected official under a statutory duty, The Court shall receive applications from any interested candidates prior to the deadline established.
The LCDC will now proceed with taking applications and choosing the best three and passing them onto the Court of common Pleas to make a final decision on the candidates.
Commissioner Gaughan provided a brief statement saying: "“We have just received the opinions. We’re reviewing them and will decide soon how to proceed.”
The Court also ruled unanimously to take Lackawanna County off Commissioner Gaughan's lawsuit, meaning the county would not have to pay for it with taxpayer's money.
Commissioner Chermak released a statement stating:
"I am pleased with the unanimous decision by the Lackawanna County judges to remove Lackawanna County and the County Solicitor from Commissioner Gaughan's lawsuit. I fought to have the county removed from this suit because the taxpayers of Lackawanna County should not be responsible for paying for a fight between Bill Gaughan and the Democrat Party of Lackawanna County. First and foremost, I will always fight for the taxpayers of Lackawanna County. This why I strongly opposed the 33% tax increase and continue to monitor the ongoing reassessment to make sure it is fair, accurate and transparent. This ruling protects taxpayer funds, and I remain dedicated to advocating for fiscal responsibility in our county.