Seven Months, No Commissioner: Political Games Leave Voters in the Cold

The Commonwealth Court cleared the way Friday for a November 4 special election to fill the commissioner seat vacated by Matt McGloin. The ruling denied the Lackawanna County Democratic Committee’s request for an injunction and affirmed an earlier county court decision that found no “irreparable harm” in letting the election proceed.

The decision ends months of legal maneuvering. McGloin resigned on February 24, setting off a seven-month tug of war between the Democratic Committee, Commissioner Bill Gaughan, and the courts over who had the authority to name his replacement.

The Democratic Committee argued that under the County Home Rule Charter, it was required to submit three names to the judges for appointment, and that the Election Board did not have authority to call a special election. They also warned of the financial burden, estimating the cost of mounting a campaign at up to $100,000. But the courts dismissed that argument, noting financial costs are not the same as irreparable harm. Committee chairman Chris Patrick said Friday the party would not appeal further and vowed to back Democrat Thom Welby in the race against Republican Chet Merli and independent Michael Cappellini.

Gaughan’s role in the fight has been anything but consistent. In March, he sued to stop the Democratic Committee from forwarding three names under the charter and argued that judges — and only judges — should appoint McGloin’s replacement. His motivation was no secret: the committee did not include his preferred candidate, Max Conway, on the list of finalists. After losing in both county and Commonwealth Court, Gaughan pivoted in late August and pushed to put the seat on the ballot, praising the “transparency” of a special election.

Because of these shifting positions, voters have been denied a full three-member board of commissioners for months. The county has been operating short-handed during a period marked by budget disputes, reassessment controversies, and ongoing legal fights.

The inconsistency stands out even more when compared to other appointments. When judges appointed former economic development director Brenda Sacco to serve temporarily, Gaughan appealed to the state Supreme Court to block her swearing-in. Yet he stayed silent when judges earlier appointed Lauren Bierber Mailen as Clerk of Judicial Records — a county row office that drew no lawsuit, no public complaint, and no push for transparency.

The special election is now set. Voters will choose between Welby, Merli, and Cappellini. But the months-long vacancy has already highlighted how political maneuvering and legal wrangling left Lackawanna County without full representation at the top of its government.