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PLYMOUTH — Alexis Eroh just wants to serve her community legally.
Eroh was appointed to Plymouth Borough Council on Sept. 11, 2018, to fill the unexpired term of Gary Kochinski, Jr., who resigned his seat. The term runs until January 2022.
Eroh, 33, recently discovered that state election law requires a special election to fill terms, Eroh, the borough council and solicitor, were unaware of the requirement.
Attorney Michael Kostelansky, who serves as the borough’s solicitor, Friday said he will file a petition in Luzerne County Court of Common Pleas within the next 7 to 10 days requesting a special election be held by the end of the year.
Kostelansky said Eroh’s seat must be filled by the first Monday of January 2020.
“This seat should have been in the primary for 2019,” he said. “And contested in the November general election.”
Kostelansky said he is certain the county will work with the borough to schedule the special election.
Eroh said when she was researching the procedure on how to fill the borough’s mayor’s seat, she uncovered the law. Mayor Thomas McTague died recently and the borough must now fill the remain time on his term.
“That’s when I realized my appointment might have been done in error,” Eroh said. “I want to be sure I’m serving to the letter of the law.”
Eroh said no one in the borough did anything intentional to circumvent the law. She said it was just an oversight.
Eroh said she notified Council President Frank Coughlin, who she said was “surprised” by the oversight. She said he ism working with her to get the situation resolved.
Kostelansky said once he has presented the county Judge of Elections with a court order for a special election, the county’s Bureau of Elections will schedule it within 30 to 60 days of the issuance of the order — definitely before the end of 2019.
Eroh and Kostelansky said the special election must be held prior to the expiration of the seat in January.
In a lengthy Facebook post, Eroh explained the entire situation.
“Following the death of our mayor, I began researching the PA Borough Code to identify the proper procedures for Council to follow to appoint a replacement” Eroh wrote. “I made this discovery on Oct. 1, 2019, and promptly contacted the Borough Solicitor prior to discussing with any member of council or borough staff.”
She said Kostelansky confirmed her interpretation and subsequently contacted the Luzerne County Bureau of Elections to proceed in correcting this error.
“It is my deep hope that the residents of Plymouth Borough understand that this was an unintentional clerical oversight on the part of the Borough, and I have done everything in my power to be transparent and honest in making this right,” Eroh wrote. “If any resident has any questions about me, my position, this election or the future of Plymouth, please do not hesitate to reach out. I am here to proudly serve this community.”