After more than seven months of legal wrangling, the Pennsylvania Supreme Court has ruled against Commissioner Bill Gaughan and upheld the Lackawanna County Home Rule Charter’s process for filling commissioner vacancies — a process Gaughan tried to overturn.
The unanimous decision, issued Monday, ends a political and legal saga that began when former Democratic Commissioner Matt McGloin resigned in February. Under the county’s charter, the political party of the departing commissioner must submit three names to the county court, which then appoints one to serve until a special election or the next regular election cycle.
Following that process, the Lackawanna County Democratic Committee nominated former Economic Development Director Brenda Sacco and two others. Before the court could act, Gaughan — joined by the county solicitor — filed suit to challenge the process, arguing that a statewide judicial rule gave judges sole authority to fill the vacancy and opened the door to any applicant, regardless of party.
The Supreme Court’s 6–0 ruling rejected that argument entirely. The justices wrote that the charter provision and the state’s Rule of Judicial Administration 1908 “act in concert,” not in conflict, and that the home rule process does not infringe on judicial authority. The Court affirmed the lower rulings of both the county and Commonwealth Courts, which had already sided with the Democratic Committee.
The decision technically clears the way for Sacco’s appointment, though party officials say she is unlikely to take the position with a special election now just weeks away. Sacco currently works for the State Workers’ Insurance Fund and would have to resign from her state post to accept the short-term seat.
The Nov. 4 special election will determine who serves the remainder of McGloin’s term through early 2028. The candidates are Democrat Thom Welby of Scranton, Republican Chet Merli of Blakely, and independent Michael Cappellini of Jessup — a close political ally of Gaughan.
Democratic Chairman Chris Patrick, who has publicly clashed with Gaughan throughout the dispute, called the ruling a vindication for local self-governance and a rebuke of Gaughan’s tactics.
“Every court in Pennsylvania, including the Supreme Court, has made it clear — he was wrong,” Patrick said. “Instead of accepting responsibility, he doubled down, wasting taxpayer money and embarrassing Lackawanna County in the process.”
Attorney Adam Bonin, representing the Democratic Committee, echoed that sentiment, calling the outcome “a bittersweet victory.”
“If Commissioner Gaughan hadn’t stalled this thing for seven months, Brenda Sacco could have been serving all this time,” Bonin said. “It’s the residents who lost out because of this baseless litigation.”
Gaughan, for his part, maintained that his goal was to “let voters, not backrooms, decide.” In a statement, he said, “I’m comforted by the knowledge that the voters of Lackawanna County will pick the next commissioner.”
But critics say Gaughan’s lawsuit — which he pursued without full board authorization — left the county underrepresented for most of 2025, delaying decisions and deepening divisions on the board.
The Supreme Court’s decision reinforces that Lackawanna County’s home rule structure, approved by voters, remains the law of the land. It also underscores how a single commissioner’s political maneuvering can paralyze local government for months.
The case may be over, but its effects linger: one commissioner’s failed legal fight has become a reminder that local representation only works when local officials let it.
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