Scranton school directors who claim an appointment was made illegally will have a day in court - but will have to wait more than a month to make their case.
Directors Kathleen McGuigan and Jason Shrive asked Lackawanna County Judge Terrence Nealon on Thursday to expedite a hearing in the case against Said "Cy" Douaihy.
The lawsuit filed last week alleges Mr. Douaihy's appointment to fill former board President Sean O'Shea's term at an April 5 special meeting violated state law.
Judge Nealon granted the request for an expedited hearing, but because of a busy court schedule, the hearing will not happen until June 20.
The complaint asks the court to declare the appointment illegal, remove Mr. Douaihy from the board and nullify all board actions in which he participated by casting a vote, including the election of new board officers.
Attorney Paul Walker, who is representing Mrs. McGuigan and Mr. Shrive, argued that the case should be heard as soon as possible because the longer Mr. Douaihy serves, the greater chance votes may be voided.
The complaint filed by Mrs. McGuigan and Mr. Shrive alleges the board acted illegally because the legal notice of the special meeting indicated Mr. O'Shea's replacement would be named, but did not specify that the board would first accept his resignation.
Under state school code, the specific purposes for a special meeting must be advertised in advance. Because the acceptance of Mr. O'Shea's resignation violated the law, there was no vacancy for Mr. Douaihy to fill, meaning his appointment was likewise illegal, the complaint said.
Attorney George Reihner, who is representing Mr. Douaihy, called the lawsuit "political" and said Mr. Shrive and Mrs. McGuigan filed the complaint to try to influence the May 21 primary election. Mr. Douaihy is running for a four-year seat, and if he wins it, he would resign from his current seat. The board would then appoint someone to fill Mr. O'Shea's unexpired term.
Mrs. McGuigan and Mr. Shrive filed their suit after the Lackawanna County district attorney's office declined to pursue the case and the state attorney general's office did not respond to their request for action.
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