Lackawanna County Commissioner Jerry Notarianni should have to put up a $100,000 bond if a judge temporarily rescinds several appointments while the Democrat’s lawsuit plays out, Republican Commissioner Laureen Cummings said in a court filing Friday.
Mr. Notarianni contends Ms. Cummings and Democratic Commissioner Patrick O’Malley illegally appointed county solicitor John Brazil, general counsel Donald Frederickson, minority solicitor John Cerra and Chief of Staff Andy Wallace behind closed doors.
Mr. Notarianni alleges the moves violated the Sunshine Act and the Home Rule Charter, seeks to undo the appointments and argues the alliance between Ms. Cummings and Mr. O’Malley means he is the minority commissioner — and therefore should be the one to choose the minority solicitor.
The other commissioners and solicitors argue the appointments don’t need to happen at a public meeting because they are executive actions, and that political party determines a commissioner’s status as majority or minority.
In previous filings, Ms. Cummings described the lawsuit as frivolous, and on Friday she asked for the bond, “given the nature of these proceedings and the adverse impact they have and will have upon the operations and business of Lackawanna County and its taxpayers.”
Mr. Cerra described the idea of putting appointments of top administration officials in abeyance as disruptive. He said the power of commissioners to make personnel moves without voting at a meeting was decided in 2004, when a judge ruled in favor of commissioners after four fired employees sued.
“There’s an old saying, ‘It’s time to put up or shut up,’ ” Mr. Cerra said of the proposed bond.
The attorney said that aside from legal costs, the case could indirectly cost the county money if it delays the administration’s efforts to refinance debt to get better interest rates.
Mr. Frederickson noted county policy dictates solicitors sign off on all resolutions.
If county court were to issue an injunction, it might be possible for commissioners to appoint the officials at a public meeting, to minimize depending on the wording of the judge’s order — since much of the complaint centers on the allegation of a Sunshine Act violation, Mr. Frederickson said.
Mr. Notarianni could not be reached for comment Friday, and his attorney, Paul Walker, was away at a conference.
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