Luzerne County Council candidates ponder their potential involvement in new manager decision

The anticipated timing of Luzerne County Council’s next top manager hiring in late November or December falls into the “lame duck” period, prompting council candidates to wonder what, if any, involvement they will have if they are elected.

At least two new council members will be seated in January, and the number could be up to five if incumbents lose.

There also could be another new face on council in early 2022 if Councilman Walter Griffith is elected county controller on Nov. 2 because council would have to appoint a Republican council replacement.

Voters will select five council candidates from any political party in the November general.

The Democratic contenders, along with their primary vote counts: Matthew Vough (incumbent), 18,309; Sheila Saidman (incumbent), 18,020; Jane Walsh Waitkus, 16,131; Maryann V. Velez, 15,853; and Jimmy Sabatino, 15,154.

The Republican nominees: John Lombardo, 11,747; Gregory S. Wolovich Jr., 10,508; Chris Perry (incumbent), 10,379; Brian Thornton, 8,810; and Kevin Lescavage, 8,603.

Hold off

Wolovich said the manager hiring decision should wait until all new council members are seated in January.

Council members most recently selected by voters as their representatives should have a say because they are the ones assured seats for four more years, he said.

“In all fairness to everyone, it would be a better decision to wait,” Wolovich said.

Thornton had a similar view, saying he believes any governmental entity should avoid major decisions on the eve of changes in the legislative body.

“Let the new people be involved with the manager selection because they’re going to have to work with this person the next four years,” Thornton said. “I believe that would be more fair because the new body could make sure the manager more closely reflects their goals, vision and path going forward.”

Velez said she would “appreciate the opportunity to participate” in selecting a manager if she is elected and would prefer that outcome.

“I think it would depend on the extenuating circumstances. If council felt it was necessary and best for the good of the community to have someone step in sooner, I’d have to trust their decision,” she said.

More viewpoints

Walsh Waitkus, who previously served on council, said she is prepared to step up to make a selection if she is elected and the manager search is delayed. However, she said she would never say the currently seated elected officials should stop carrying out their duties.

If council plans to hire a manager before January, Walsh Waitkus said she hopes council members informally consult those elected Nov. 2 to obtain their input on the selection, even though they wouldn’t have an official vote.

Lombardo said he would have no problem making the manager selection, but he would prefer a decision by the current seated council because those members will be involved in the lion’s share of the process leading up to a decision.

“I generally think the seated council is reasonable. I’m not fearful the current council would pick someone who won’t do a good job,” Lombardo said, noting there’s currently a Republican majority on the 11-person body.

Sabatino said he has faith a “core group of people” currently on council would choose wisely, although he believes they should seek input from any newly elected members.

“If I get the chance to serve, I would like to have a hand in who I get to work with in the future,” Sabatino said, referring to the manager selection.

Lescavage said he doesn’t believe an argument could be made that council must hold off because the manager is an essential position. Decisions on optional lengthy contracts or expensive purchases that not be made in the lame duck period, he said.

It would be a “good gesture” for council to consulted with those elected in November, he said.

Lame duck

Every two years, county voters select either five or six members to serve on council under the home rule structure implemented in 2012.

Council last discussed the lame duck issue the end of 2019, when four new council members were elected along with two incumbents.

At that time, the administration delayed a recommendation on a tax-claim operator, saying the award should not be made by a lame duck council.

The solicitor’s office also determined council’s vote on a proposed real estate tax break should be postponed until the new council was seated.

Based on a review of case law, the solicitor’s office determined decisions should be deferred if they involve matters that are not statutorily required “essential government functions.” Putting it another way, the office said case law indicates lame duck bodies must focus on decisions that keep government functioning and leave policy decisions to successors.

For example, council must approve a budget. Decisions on a new voting system and 911 emergency radio upgrade also were deemed allowable because the county is statutorily required to conduct elections and provide 911 services.

The issue also surfaced in late 2017, when three new members and two incumbents were elected. The solicitors office office advised a council minority it should not vote on a proposed ballot question while the legislative body was in lame duck status.

Before home rule, outgoing officials also were questioned for decisions on job creations, outside board appointments and other matters, according to past reports.

Council concern

During a discussion about the search timeline earlier this month, Council members Griffith and Harry Haas proposed tightening the schedule, but a majority stuck with a more conservative estimate.

Griffith told his colleagues new council members seated in January may be involved in the new manager selection if it is delayed, and he questioned if they will be up to speed to make such a decision.

Councilwoman Linda McClosky Houck said it’s up to new council members to “pay attention to what’s going on.” The first council seated under home rule in 2012 had to both simultaneously reopen the budget and select a manager, she said.

“Government goes on,” she said at the time.

Haas and McClosky Houck will be leaving in January because council members are limited to three consecutive terms under the home rule charter. Both have the experience of serving since home rule’s implementation.

The manager position will be vacant because C. David Pedri is resigning July 6 to accept a position overseeing the Luzerne Foundation. County Chief Solicitor Romilda Crocamo will oversee the county until a permanent manager is selected.

Lame duck timing did not come up in relation to the manager position in the past because Pedri and first manager Robert Lawton were both hired in non-election years — 2012 for Lawton and 2016 for Pedri.

In the manager search, council must rely on an outside committee of at least three citizens to seek, screen and conduct initial interviews of county manager applicants. The committee then recommends finalists to council for its consideration.

Council is set to interview search committee applicants Tuesday and appoint members on Thursday.

Seven council votes — a “super majority” — are required to hire the manager under the charter.