The May 21 primary election could be the last hurrah for candidates seeking three Lackawanna County row offices.
By state law, the offices of register of wills, recorder of deeds and sheriff - all up for election in 2013 - will not appear on the November ballot if voters in the primary agree to amend the county Home Rule Charter to eliminate them, county solicitor Don Frederickson said Friday.
That means the candidates nominated for each office in the primary will have won ... nothing.
"They will not be on the ballot for November if this referendum passes in the primary," Mr. Frederickson said. "There will be no office to run for at that point. You'd be running for a nonexistent office."
With majority Democratic Commissioners Corey O'Brien and Jim Wansacz planning to put a referendum on the primary ballot to get rid of four elected row offices - clerk of judicial records is the other - there are questions about both the process and what the implications would be for county government.
Under the proposal, the functions of the four offices would be integrated into the county's general operations. The position of sheriff would continue but as an appointed job.
The register of wills, recorder of deeds and sheriff's offices would sunset on Jan. 6. Clerk of Judicial Records Mary Rinaldi's office would continue through the end of her term in early 2016.
County Republican chairman Lance Stange said row office consolidation is a valid idea that should be considered, but voters will need more information than the administration has released so far to make an educated decision.
"The people of the county have an important decision that frankly will be very difficult to undo if it's passed," he said of the referendum.
Director of elections Marion Medalis said she had few answers, pointing out there have been no changes to the county's Home Rule Charter since its adoption in 1976.
"I really can't offer too much on it," she said. "It's something new."
Mr. Frederickson, who has been working on the language of the amendment in preparation for its introduction at Wednesday's commissioners meeting, said it is modeled on one that eliminated six row offices in Allegheny County in 2005.
Voters there approved the merger of the elected offices of clerks of courts, jury commissioner, prothonotary and register of wills into one appointed office, director of court records. The elected coroner was replaced by an appointed medical examiner, and the elected recorder of deeds was replaced by an appointed real estate manager.
Allegheny County election manager Mark Wolosik said the offices of coroner and jury commissioner appeared on the same primary ballot as the referendum. However, because the positions were eliminated with approval of the ballot question, the candidates who won the nominations were not on the 2005 general election ballot.
He cited a provision of state Election Code that requires the setting aside of nominations for offices that have been abolished.
Mr. Wolosik said the other row offices were not an issue because they were not up for election in 2005. They were phased out when their terms ended in 2008.
Mr. Stange called on the commissioners to provide the public as soon as possible with a detailed account of any jobs that would be lost during the row office consolidation, along with itemized descriptions of the anticipated savings and expected transition costs.
They should also conduct town hall meetings to explain their proposal and answer questions, he said.
Mr. Stange said he was especially concerned with the plan to make the sheriff an appointed rather than elected office, calling it a matter of accountability.
"This takes the power from the people and places it in the hands of the politicians," he said.
Minority Commissioner Patrick O'Malley said while he likes the idea of consolidation, he also has reservations about making the sheriff an appointed office and wants to sit down with the affected row officers to get their thoughts.
He questioned whether referendum could be a series of ballot questions, allowing voters to select which specific row offices - if any - they want to eliminate. "We just have to make sure we do it the right way," Mr. O'Malley said.
County Democratic chairman Harry McGrath said merging the row offices has been talked about for so long that maybe the time had come "to put it on the ballot and see where sentiments lie."
"I think it's a good idea for the commissioners to put it out there and let the people decide," Mr. McGrath said. "It will be their decision."
Contact the writer: dsingleton@timesshamrock.com
How to amend the Home Rule Charter
The process of amending the Lackawanna County Home Rule Charter is governed by the state home rule charter law:
- Proposed charter amendments can be placed on the ballot either by action of the governing body - in this case, the Board of Commissioners - or by a petition of voters.
- The ordinance must contain the complete text of the wording proposed to be added to the charter and identify any provisions to be deleted.
- The ordinance must be filed with the county Board of Elections no later than the 13th Tuesday before the election when the question will appear on the ballot. In order for the proposal to appear on the county's May 21 primary election ballot, it must be filed by Feb. 19.
- The Board of Elections must prepare a "plain English" explanation of the ballot question. The statement must indicate the purpose, limitations and effects of the ballot question, and it must be published as part of the election notice. Three copies of the statement must be posted at each polling place.
- Results of the balloting are certified to the governing body by the Board of Elections. The board also must certify the complete text of any approved amendments to the state Department of Community and Economic Development.