Kenny James is seen surrounded by family as he’s sworn in the Nanticoke City Council by District Judge Donald Whittaker during Tuesday’s meeting.
                                 Margaret Roarty | Times Leader

Kenny James is seen surrounded by family as he’s sworn in the Nanticoke City Council by District Judge Donald Whittaker during Tuesday’s meeting.

Margaret Roarty | Times Leader

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<p>Former Mayor Joseph Dougherty is joined by his family as he’s sworn in the Nanticoke City Council by District Judge Donald Whittaker during Tuesday’s meeting.</p>
                                 <p>Margaret Roarty | Times Leader</p>

Former Mayor Joseph Dougherty is joined by his family as he’s sworn in the Nanticoke City Council by District Judge Donald Whittaker during Tuesday’s meeting.

Margaret Roarty | Times Leader

<p>Former Nanticoke Area School Board member Mark O’Connor is sworn in by District Judge Donald Whittaker to the Nanticoke City Council seat formerly held by his wife, Lesley Butczynski, who is seen standing by his side.</p>
                                 <p>Margaret Roarty | Times Leader</p>

Former Nanticoke Area School Board member Mark O’Connor is sworn in by District Judge Donald Whittaker to the Nanticoke City Council seat formerly held by his wife, Lesley Butczynski, who is seen standing by his side.

Margaret Roarty | Times Leader

NANTICOKE — Mark O’Connor was appointed to council during Tuesday’s combined reorganization, work and regular meeting to fill the council seat vacated by his wife, Lesley Butczynski, who was declared ineligible to serve a fourth term due to provisions set in the Nanticoke City Home Rule Charter.

Despite being elected to another term in November’s general election, Butczynski was found to be ineligible to serve due to Section 2.10 of the charter, which states members of City Council may not serve more than three elected, consecutive terms.

As stated in Resolution No. 1 of 2024, her council seat was declared vacant through forfeiture, which occurs when a member of council lacks the qualification of the offices as defined by the charter.

Butczynski was first appointed to Council in 2012, when she filled the seat vacated by Councilwoman Margaret Hydock, following her resignation.

Butczynski then won a one-time, two-year term in 2013. She subsequently won a four-year term in 2015 and a second four-year term in 2019.

Butczynski’s ability to retain her seat was called into question last summer as it was unclear under the current charter provisions whether or not the one-time two-year term counted toward her total number of terms served.

Before the council meeting on Tuesday, Council Solicitor William Finnegan told The Times Leader that because the drafters of Nanticoke’s Home Rule Charter did not make a distinction between that one-time, two-year term and a regular four-term and only spoke of terms “generally,” it was ultimately concluded that Butczynski had already served the maximum amount of consecutive terms allowed by the charter.

Residents voted to keep term limits in place for both council members and the mayor back in November’s general election.

During the meeting, Council President William Brown stated that Butczynski was the “top vote-getter in the last election” and received about 1200 votes, but the yes option for eliminating term limits came in at only 700 votes.

“I don’t know if there was a misunderstanding on the question, but we have to go by what the voters voted for, unfortunately,” Brown said.

Butczynski also wondered whether or not voters understood the question on the ballot, but that she was nevertheless proud of everything she was able to accomplish during her time on council.

“I’m okay with it. I did 10 years and I made some good friends throughout the whole 10 years,” Butczynski said after the meeting.

Butczynski will still be involved with the city, as she was appointed by Mayor Kevin Coughlin to serve a 5-year-term on the Housing Authority.

O’Connor, who resigned from his seat on the Greater Nanticoke Area School Board back in December, will serve a 2-year-term on council, effective immediately.

Along with O’Connor, Kenny James and former mayor Joseph Dougherty, who both won four-year terms in November, were sworn in by District Judge Donald Whittaker on Tuesday.

Kenny James previously spent 27 years on the Great Nanticoke Area School Board.

Doughtery served as mayor of Nanticoke back in 2010, spent 6 years prior on city council, and also served as city controller.

Following the swearing in ceremony, council chose Brown to serve once again as president and Council Member Joseph Nalepa was chosen as vice president.

Also at the meeting, council chose to table until the next meeting the vote on an ordinance that would have replaced the Nanticoke Fire Department Community Ambulance and Rescue Unit as the city’s primary emergency response provider with the Hanover Twp. Community Ambulance Association.

The solicitor stated that because they had three new council members there was “an indication” that those members wanted more time to consider the ordinance before voting on it.

Several members of the Nanticoke Fire Department Community Ambulance and Rescue Unit attended the meeting including Deputy Chief Justin Bretzloff, who said three of the four deputy chiefs had a meeting with City Manager Donna Wall and Coughlin last week and “some things were brought to light” that he hoped contributed to the council’s decision to table the vote.

“Hopefully we can find a resolution where we can maintain this primary status and show them that we’re fully staffed,” Bretzloff said.

Also at the meeting, council approved several re-appointments by Coughlin to various boards, authorities and commissions including:

• Kenneth Malia to the Nanticoke City Municipal Authority for another 5-year-term

• Ed Janora to the Nanticoke City Zoning Board for another 5-year-term

• William Davis to the Nanticoke City Planning Commission for another 5-year-term

• James Litchkofski to the Nanticoke Police Civil Service Board for another 3-year-term

• Charlies Alles to the Nanticoke Fire and Civil Service Board for another 3-year-term

The next Nanticoke City Council meeting will be held Jan. 17 at 6 p.m.