Luzerne County Courthouse
                                 File photo

Luzerne County Courthouse

File photo

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Butler Township resident Patrick Castellani will fill a Republican seat on the five-member Luzerne County Election Board, county council decided Tuesday.

The volunteer citizen board oversees elections, makes determinations on flagged ballots and write-in votes and certifies election results.

A Republican board seat was open because Missy Thomas resigned late last month due to other commitments. Under the county’s home rule charter, the board must have four council-appointed members (two Republicans and two Democrats), with those four then selecting a chair of any affiliation.

Richard Nardone, Kathryn Roth, Audrey Serniak and chairwoman Denise Williams also serve on the board.

Castellani said during his public interview Monday he is a lifelong county resident with a bachelor’s degree in accounting from King’s College. He has worked in the accounting field and most recently held various positions at Marywood University, including controller and interim vice president of business affairs.

The other two board applicants — Candice Chilek, of West Pittston, and Alyssa Fusaro, of Luzerne — also were nominated Tuesday. Councilman Harry Haas advocated for Fusaro’s appointment, saying she had “distinguished herself” by providing feedback during council’s past election inquiry process.

Seven of 11 council members nominated Castellani: LeeAnn McDermott, Chris Perry, Kendra Radle, Sheila Saidman, Robert Schnee, Matthew Vough and Tim McGinley.

Haas and Councilman Stephen J. Urban nominated Fusaro, and Councilwoman Linda McClosky Houck nominated Chilek.

Councilman Walter Griffith abstained, saying Castellani had donated to his campaign and that he did not want to vote at this time.

In the subsequent final appointment confirmation vote, nine voted for Castellani, with Urban and Griffith abstaining.

Castellani will serve through the end of 2023.

DA litigation

A council majority approved a $10,000 earmark to pay outside legal counsel Stevens & Lee for an appeal it filed in litigation contesting the county Election Board’s decision to place the county district attorney’s race on the Nov. 2 ballot.

This brings the total allocation to $30,000 for council’s outside legal counsel.

The appeal in Commonwealth Court challenges a visiting judge’s denial of a preliminary injunction that would have removed the race from the ballot as the lawsuit was adjudicated. The DA’s office joined council in filing the litigation.

Outside attorneys representing all three parties — council, the DA’s office and election board — argued their positions during a virtual hearing before Commonwealth Court judges last week. Commonwealth Court had not issued a ruling as of 7 p.m. Tuesday.

Ten council members approved the additional $10,000 allocation Tuesday, with McClosky Houck casting the lone no vote.

“I’m not supporting this because I think the whole thing is a waste of money. I’ve said this from day one,” she said.

McGinley said he did not support moving forward with an appeal but will vote yes because a council majority asked the law firm to perform the work. He said the second earmark should be the “end of our involvement.”

Griffith said the legal action was warranted because he believes the election board exceeded its authority by making the DA ballot term two years. He also said the conflict began when county attorneys offered conflicting opinions on how the election board should proceed.

Capital fund

A council majority supported McGinley’s motion to bolster the capital fund, which has dwindled to $120,864, with a deposit of $175,000.

The replenishment will come from delinquent tax payment in a pending property sale.

McGinley said the transfer will provide some “flexibility” but described the new total as a “very, very small amount if we have any sort of crisis over the next several months.”

Council also approved a $15,000 settlement Tuesday to close out a breach of contract claim filed by Hazleton-based Gans Multimedia Partnership related to the county’s termination of a lease for a 911 radio communication site in Shickshinny.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.