LAWRENCE COUNTY Court mulls eligibility of supervisor nominee

A hearing will be held later this month.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- A meeting set to appoint a new Union Township supervisor has again been delayed.
Lawrence County Common Pleas Court Judge Ralph D. Pratt canceled a meeting set for Thursday because he is still considering if the township vacancy board chairman is eligible to serve.
The township's two supervisors are at odds over whether Marion DeLeone, who was appointed board chairman in January, can serve on the panel. The vacancy board consists of the appointed chairman and the township supervisors.
Supervisor Ralph Nuzzo died in April, and the two remaining supervisors, Stephen Galizia and Kevin Guinaugh, cannot agree on a replacement. They had 30 days to name a new supervisor before the vacancy board was called.
DeLeone, as vacancy board chairman, is expected to be the tie-breaking vote.
But Galizia has challenged DeLeone's eligibility to serve on the board because he is an employee of the township sewer authority. Galizia contends that DeLeone has a conflict of interest because his employers, members of the township sewer authority, are appointed by township supervisors.
Here's the objection
Guinaugh's attorney, Richard Flannery contends that Galizia doesn't have the legal right to challenge DeLeone's position.
Flannery said he believes only the district attorney or the state attorney general are able to challenge an officeholder's position. He added that there are some exceptions to that rule, but he does not believe the Union Township matter is one.
Judge Pratt has asked attorneys from both sides to file written arguments. A hearing is expected sometime later this month. Pratt had originally expected to hear arguments Tuesday and the vacancy board was to meet Thursday.
Pratt also stopped the clock on a 15-day window the vacancy board has to appoint a new supervisor. According to state law, if the township vacancy board cannot name a new supervisor within 15 days, the matter will go to common pleas court.
Once DeLeone's eligibility is determined, the vacancy board will have nine days to name a new township supervisor, Galizia said.