SCRANTON, PA — The Pennsylvania Supreme Court on Monday affirmed that Lackawanna County political parties can continue relying on the local Home Rule Charter to replace commissioners who resign mid-term, concluding an eight-month legal saga.
The unanimous 5-0 ruling effectively validates the process that led the County Democratic Party to recommend former planning and economic development director Brenda Sacco and two other candidates to temporarily fill the seat left vacant by Matt McGloin’s resignation on February 24.
However, County Democratic Party Chairman Chris Patrick indicated that Sacco is unlikely to take the seat due to a number of factors, including her current state job and the certainty that her appointment would be short-lived.
In its decision, the Supreme Court rejected the argument that the county charter conflicted with the court's administrative rule regarding the filling of county commissioner vacancies. "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," three of the five judges wrote in the main opinion.
While the ruling clarifies the temporary appointment process, the ultimate focus now shifts to the November 4 special election, which will bring the vacancy to a close. The candidates vying for McGloin's unexpired term are Democratic nominee Thom Welby of Scranton, Republican nominee Chet Merli of Blakely, and independent Michael Cappellini of Jessup.