December 28, 2007
SCRANTON, Pa. (AP) -- The outgoing Lackawanna County controller, who
disputes the legitimacy of his successor, has vowed to lock himself in
his office and continue working until he is compelled by law
enforcement to leave.
Controller John Mellow said the county administrative code
disqualifies Controller-elect Ken McDowell from taking over on Jan. 7.
"Kenny can't hold the office. He's not eligible," Mellow said.
McDowell currently collects taxes for Lackawanna County, the city of
Scranton and the Scranton School District through an entity known as
the Single Tax Office. He won the Nov. 6 general election for
controller with 96 percent of the vote.
The county administrative code says that "no person holding any other
public office" can serve as controller until he or she has been out of
office for a year.
But McDowell's title - tax collector - is not listed in the general
code for Pennsylvania counties, said David Rinaldi, an attorney for
McDowell's transition team.
Judges also have ruled the administrative code does not apply to
McDowell. Two activists tried to get McDowell thrown off the ballot in
August, but the court said McDowell is a city-paid public official,
not a county officer.
The general county code states the controller will serve a four-year
term "or until his successor is qualified" - which Mellow contends
allows the incumbent to stay in office.
Rinaldi noted that Lackawanna County's Home Rule Charter, which
supersedes the general code, mandates a four-year term for the
controller. So even if McDowell were not allowed to serve, Mellow
could not remain in office, Rinaldi said.
And if Mellow locks himself in, Rinaldi said, "we're certainly
prepared to ask the court to issue an order to expel him from the
premises."
Mellow lost in the Republican primary in May. The candidate who beat
him, Michael Bodnar, withdrew from the general election. Mellow tried
to mount a write-in campaign, but got fewer than 2,000 votes to
McDowell's more than 45,000.
Court says Mellow must vacate office
The Scranton Times-Tribune
By Gretchen M. Wintermante
January 4, 2007
A Lackawanna Court of Common Pleas panel of judges this morning
ordered outgoing County Controller John Mellow to vacate his office
before Monday so the controller-elect can assume office.
Controller-elect Ken McDowell's attorney, David Rinaldi, had filed a
motion for immediate interim relief of a complaint he filed Thursday.
Mr. Mellow said he will comply with the court ruling, reversing a
previous threat to lock himself in his office after his term expires.
Mr. Mellow, however, did say he plans to try to remove Mr. McDowell
from office.
http://www.thetimes-tribune.com/site/news.cfm?newsid=19169431&BRD=2185&PAG=461&dept_id=614635&rfi=6
I thought this was going to be another article about that Larry Craig fella
...
- nilita
Similar, but not the same. Larry Craig has vowed to lock himself in a
public restroom until forced out.
Public restroom or closet?
wd43