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Rabo

Gadomski

Mark Rabo and John Gadomski can’t serve on Luzerne County Council in January if they’re elected, the county’s top legal adviser said Friday.

They also can’t be removed from the ballot unless they withdraw on their own, he said.

County Chief Solicitor C. David Pedri issued a memorandum on the matter at the request of Councilman Rick Morelli, who said the eligibility issue should be addressed now instead of after the November general.

Rabo and Gadomski would be prohibited from serving in January if they are elected because the county’s home rule charter clearly says county authority members must wait one year after leaving their seats to take office as elected county officials, Pedri said.

Gadomski, a Democrat, resigned from the county Industrial Development Authority on April 15. A Republican, Rabo gave up his seat on the county Redevelopment Authority last month.

Removal from the ballot isn’t an option because March 17 was the legal deadline to challenge their nomination petitions, Pedri said.

“The deadlines set by provision of Election Code governing objections to nomination petitions are mandatory, and a court has no authority to waive them,” Pedri wrote.

Neither candidate has expressed any intention of withdrawing. If they did, their political party would pick someone else to run in their places, Pedri said.

Gadomski and Rabo said they were unaware of the ban when they got on the ballot and have questioned the fairness of the charter prohibition. Both authority seats were unpaid.

Rabo said his attorney agrees with his assertion the charter restriction is unconstitutional and unenforceable.

Pedri’s memorandum offers a different opinion, saying the Pennsylvania Constitution permits home rule counties to set such eligibility requirements for its office holders.

If Rabo and Gadomski won the election and assumed office, they could be removed by a “quo warranto” action, which is the only method to legally adjudicate the right or title to public office, Pedri said. The state Attorney General or county district attorney can file such an action, he said.

Under the charter, a council seat becomes vacant 30 days after the start of the term, or Feb. 3 if a council member elected this November fails to assume office, Pedri said.

What happens in that case?

Pedri said a council majority must fill the seat within 60 days. If council fails to do so by April 4, the council clerk must ask the county Court of Common Pleas within five days to appoint someone to fill the vacancy, and a majority of county judges would have to pick someone within 30 days, or by May 9 in this case, he said.

In this scenario, Gadomski could be eligible for appointment by county judges because his one-year ban expires April 15, 2016. The ban wouldn’t be lifted for Rabo until May 18, 2016, based on the date he resigned from the redevelopment authority.

Morelli said he wanted the memorandum because he believes candidates, voters and council should have a “clear answer” before the November general.

Voters are free to select six county council candidates from any political party in November.

Democrats also picked Edward Brominski, Tim McGinley, Anthony J. Rostock, Stephen A. Urban and Jane Walsh Waitkus to advance to the general election. Three other Republicans on the ballot received nominations: Marc Dixon, Ray Gustave and Stephen J. Urban. Democrat Robert Schnee and Republican Eugene Kelleher won the remaining Republican nominations through write-in votes.