Brenda Sacco, the top candidate chosen by the Lackawanna County Democratic Committee to fill a county commissioner vacancy, wants to enter the legal battle over the seat, claiming she is victim of a “smear campaign” against her via reporting by The Times-Tribune.
Sacco, represented by attorney Paul Walker, filed Thursday in Lackawanna County a petition to be allowed to intervene in the case. A judge has not yet ruled on whether to allow Sacco to enter the case.
If allowed to become a party in the pending litigation started by Commissioner Bill Gaughan and the county over the vacancy, Sacco also will file a motion for a “protective order” against what she sees as Gaughan and the county orchestrating “false news stories” about her actions as former director of the county Department of Economic Development.
County Commissioner Bill Gaughan rebuts comments made by Commissioner Chris Chermak following the public comment portion of the Lackawanna County commissioners meeting at the Lackawanna County Government Center in Scranton on Wednesday, March 19, 2025. (REBECCA PARTICKA/STAFF PHOTOGRAPHER)
Sacco’s petition is the latest development in the now-paused process of replacing former Democratic Commissioner Matt McGloin and the political war it has ignited. Gaughan and the county challenge the Home Rule Charter process that had the Lackawanna County Democratic Committee picking three candidates to forward to county judges, who then would select one of the three.
County Commissioner Matt McGloin speaks during the Lackawanna County Commissioner reorganization meeting at The Government Center in Scranton.
The Gaughan/county challenge claims the charter is trumped by Pennsylvania Rule of Judicial Administration 1908 of 2019, that says the county court — not a political party — shall receive applications from any interested candidates for the position. Following Rule 1908 would effectively remove the Lackawanna County Democratic Committee from the process of filling McGloin’s seat for the nearly three years remaining on his unexpired term.
Meanwhile, Republican Commissioner Chris Chermak opposes the county’s participation in the litigation and also has filed in court a legal action called a praecipe to remove the county as a party to the case.
Now, Sacco wants in on the litigation, claiming her interests are not adequately addressed by either Gaughan/the county or Chermak because neither of them “can fully assert her unique stake as the highest-scoring nominee facing personal reputational attacks, necessitating her direct participation” in the case, her petition argues. If allowed to enter the case directly, she would back the Home Rule Charter/county Democratic committee process that made her the top finalist, and also would file a separate motion for a protective order against Gaughan/the county “from orchestrating false news stories about (her) in the local press.”
Sacco says she is proud of her record and “unafraid of legitimate scrutiny,” but Gaughan and his “agents have gone beyond what is reasonably expected, orchestrating a smear campaign” to sink her nomination. Furthermore, documents obtained by journalists were “routine grant applications” processed by Sacco when she was county economic development director and were “improperly handed to the press with an accompanying false narrative that the documents somehow evidence unethical conduct or insider dealing” by her, according to her petition.
In response to such claims in Sacco’s petition, Lackawanna County Solicitor Don Frederickson issued a statement Friday saying: “To the extent that Lackawanna County is being accused of ‘leaking’ information to the press, this accusation is completely false and not based in reality. Any information which the county has provided to the press is public information which any citizen and taxpayer is entitled to receive. At no time was any confidential or privileged information relating to any employee or former employee disseminated by the county government.”
Court scheduling for filing of briefs and hearing arguments will extend the case to April 22. If she is not allowed to intervene, “this case will be alive in the press for three more weeks,” during which her reputation and character could be further impugned by reporting about her county-employment actions and current job working for the State Workers Insurance Fund, according to her petition.
Sacco’s petition also claims:
• The Gaughan/county petition for Rule 1908 is “frivolous” and affects her “legally enforceable interest … to pursue the appointment that she rightfully and humbly seeks;” and it’s “a pretext to delay” her appointment in order to “conduct a negative public relations campaign against (her).”
• The Home Rule Charter process has been followed many times over the years, including most recently regarding Edward Staback filling a Democratic vacancy and Bruce Smallacombe filling a Republican vacancy.