For the first time under Luzerne County’s decade-old home rule government, a citizen has filed a petition asking the court to fill an election board seat because council did not act within 60 days of the seat becoming vacant, court records show.
The petition filer, Richard Nardone, of Slocum Township, had served on the volunteer citizen election board from March 9 through Dec. 31 last year and was seeking reappointment.
Five council members voted to reappoint Nardone on Feb. 22, but six votes are necessary. The other four board members supported Alyssa Fusaro, of Luzerne, who had taken the unusual approach of personally urging council to appoint her during public comment before the vote.
The vacant board seat must be filled by a Republican.
Only nine council members had voted at that Feb. 22 meeting, and a repeat vote did not change the outcome.
Carl Bienias III had not yet been sworn in as the new councilman to replace Walter Griffith. Now officially seated on council, Bienias said Wednesday he has requested a copy of applications submitted by both Nardone and Fusaro so he can review them and make a decision.
Councilman Tim McGinley was unable to attend Feb. 22 due to a personal matter, although McGinley has subsequently said he strongly supports Nardone because he believes he has invested significant time and energy in the board’s efforts to methodically review and revise election protocols.
The five council members supporting Nardone: John Lombardo, LeeAnn McDermott, Chris Perry, Robert Schnee and Kendra Radle.
The four voting for Fusaro: Stephen J. Urban, Brian Thornton, Gregory Wolovich Jr. and Kevin Lescavage.
Council members still plan to vote again on the appointment at their March 8 meeting.
It’s unclear what will happen now that court intervention has been requested.
If council proceeds with at least six council members appointing Nardone on March 8, it’s possible Nardone could withdraw the petition.
Under the county’s home rule charter, any resident may petition the County Court of Common Pleas to fill a board vacancy that existed 60 days, with a majority vote of county judges required to appoint someone within 30 days. The court would be free to seek applications and conduct its own selection process.
In the petition he filed pro se, Nardone said a full five-member election board is required to prepare for an April 5 special election and the May primary election.
Advocating for his own appointment, Nardone said he has experience on the board and had served as vice chairman.
He also said he has “an excellent working relationship” with fellow board members and the county’s election bureau director and “has the best interests of the voters of Luzerne County in seeking the reappointment.”
Nardone included his resume in the court filing, which says he has a master’s degree in business administration from Wilkes University and more than 40 years of experience in labor relations and general operations management for private-sector firms.
Currently a consulting business operator, Nardone also is a private pilot and assists with animal rescue missions.
Fusaro has said she is a medical courier and was previously a branch manager for a major insurance company. During her interview before a council committee last year, she said she has a bachelor’s degree in communications and also is the lead singer in a local band.
Council voted last month to appoint Danny Schramm to a Democratic vacancy on the election board. The Kingston resident is retired with a master’s degree in computer information systems.
Patrick Castellani, Audrey Serniak and Denise Williams also serve on the board, an independent body that oversees elections, makes determinations on flagged ballots and write-in votes and certifies election results.