A legal confrontation has emerged in Lackawanna County over the appointment of a new commissioner following the resignation of former Commissioner Matt McGloin in late February. Scranton resident Bob Bolus has entered the legal battle by filing a lawsuit against Democratic Lackawanna County Commissioner Bill Gaughan. Bolus seeks to prevent Gaughan from using county funds for legal representation in ongoing litigation concerning the filling of McGloin’s vacancy.
The central dispute involves Gaughan and the county’s legal efforts to exclude the Lackawanna County Democratic Committee from the process of replacing McGloin. The litigation challenges whether the vacancy should be filled in accordance with the county’s Home Rule Charter or a state court rule. Under the charter process, the Democratic Committee is responsible for nominating three candidates, from whom county judges would select one to fill the vacancy. However, the challenge spearheaded by Gaughan and the county argues that Pennsylvania Rule of Judicial Administration 1908 of 2019 supersedes this process, mandating that the county court should directly receive applications from all interested candidates.
A panel consisting of Lackawanna County Senior Judges Carmen Minora, Robert Mazzoni, and Vito Geroulo is scheduled to hear oral arguments on the vacancy litigation. Bob Bolus, a Republican, filed his lawsuit independently, without legal representation, aligning his arguments with fellow Republican Commissioner Chris Chermak. Both assert that Gaughan should personally bear his legal expenses if he wishes to continue the litigation.
Bolus, who has long been critical of Gaughan, seeks a court judgment exceeding $50,000 and has filed a petition for a preliminary injunction to prevent Gaughan from using taxpayer money for litigation. As of the latest update, the court has yet to take action on Bolus’ injunction request. The question of whether Bolus has the legal standing to proceed with his lawsuit remains unresolved, pending the outcome of the vacancy dispute. Gaughan has not yet filed a formal response to Bolus’ legal actions.
In related developments, the panel of judges recently denied former county economic development Director Brenda Sacco’s attempt to join the vacancy litigation as an intervenor, citing a lack of legal standing. Meanwhile, the Democratic Committee maintains that Gaughan and the county themselves lack standing to pursue the litigation, a claim Gaughan and the county dispute by referencing legal provisions that grant municipalities and officials the authority to challenge actions impacting governmental functions.
Community Impact
The ongoing legal proceedings in Lackawanna County have significant implications for local governance and community representation. The outcome of this litigation could set a precedent for how political vacancies are filled, potentially shifting the balance of power between local government entities and political parties. Residents of the county may find themselves more deeply engaged in discussions about transparency and accountability in local governance, as the case highlights the complexities involved in interpreting legal frameworks and their impact on public funds.
Moreover, the controversy surrounding the use of taxpayer money for legal battles underscores broader concerns about fiscal responsibility and the prioritization of public resources. The resolution of this case may influence future decisions on how government officials and entities are permitted to utilize public funds in legal matters, particularly in disputes involving political appointments. For citizens, this case serves as a reminder of the importance of active participation in local government processes and the need for ongoing vigilance in holding elected officials accountable to their constituents.