Luzerne County Councilman Brian Thornton released an email Monday related to a halted action to remove county Election Board member Alyssa Fusaro.
Thornton and five council colleagues stopped a vote on removing Fusaro last week, arguing the county law office’s investigation of Fusaro was incomplete. Since then, Thornton said he has repeatedly called for Fusaro to be interviewed in public or closed-door executive session, arguing the report did not afford her an opportunity to respond to the claims against her.
The email and response were prompted by council Chairwoman Kendra Radle’s Saturday evening email to Fusaro, and Fusaro’s Monday response.
Radle’s email begins by pointing out the law office undertook an investigation of the “subject incident” due to complaints received by county election bureau personnel.
The law office report included an excerpt from a separate election report that Fusaro had prepared that “described the event,” it said.
“Before any further discussion and vote on this matter, the Luzerne County Council wishes to give you an opportunity to explain, in your words, what happened on November 9, 2022 while you were in and out of the Bureau of Elections,” Radle wrote. “Please provide details in writing, including any other individuals who witnessed the events of that morning.”
Radle thanked Fusaro and asked her to try to provide her reply by the end of business Tuesday (Dec. 13).
In her reply, Fusaro told Radle she understands she is being considered for removal due to an accusation made against her and, if that is true, believes she should be afforded some sort of due process.
“I also feel that it is important that I know what, exactly, I have been accused of so that I may be able to defend myself properly; as I am still unaware of the scope or crux of the accusation and have only heard rumors,” Fusaro wrote.
Fusaro said Radle may be unaware that the law office report she mentioned was never sent to or viewed by her.
“I was simply told that I was being considered for removal and then did my own research to find out why,” Fusaro said.
She then asked Radle:
“How would you feel if you were being removed from your position due to an accusation, of which you are not allowed to know anything about, and not given a chance to respond properly? It is truly bizarre to me that something like this would ever happen here in the United States of America.”
Fusaro said she respectfully requests to be questioned by council as a whole at a public meeting.
“I have nothing to hide and have no issue with answering any questions posed,” she wrote. “I would appreciate your consideration for a proper investigation and proper forum in which to do so. I will make myself available to meet with county council at their pleasure.”
The election board member removal has not been placed on the agenda for Tuesday’s meeting, which starts at 6 p.m. at the county courthouse on River Street in Wilkes-Barre.
Council members left a blank line on last week’s agenda instead of identifying the name of the board member facing potential removal, but at least two council members have since publicly stated it was Fusaro.
The county has not yet publicly released the report.
Thornton said Monday he would be pushing for all witnesses to be interviewed before voting on such a removal, even if the board member in question was a Democrat with different views than his. Thornton and Fusaro are Republicans.
He said he has no problem publicly releasing the report if Fusaro has an opportunity to reply. The 24-page report identifies all employees as numbered witnesses without their names, he said.
Thornton argued Fusaro’s separate Election Day report should not be treated as a response in the removal investigation because it focused generally on her account of “breakdowns and failures” and was not solicited from the county while expressly stating allegations had been made against her.
He also believes Councilman Stephen J. Urban should be asked to submit an account of what he heard because Urban and Fusaro were on the phone at the time.
“They should interview all involved, not just those who don’t like her,” Thornton said.
The county administration had launched a review of the circumstances that led to Fusaro being kicked out of the election bureau on Nov. 9, the morning after the general election, according to multiple sources.
Thornton said no colleagues have acted on his email requests for council to interview Fusaro. He said he initially suggested an executive session because Fusaro might be mentioning employee names, but he reiterated he has no problem with a public interview.
He added that Fusaro has hired a lawyer and “will absolutely sue the county for besmirching her name” if necessary. Council cannot vote until it hears from Fusaro, he said.
“To do it this way is just wrong, downright wrong,” he said.
The five volunteer election board members oversee some aspects of elections, including the post-election adjudication of ballots.
Under home rule, council appoints two Democrats — currently Audrey Serniak and Danny Schramm — and two Republicans — now Fusaro and Jim Mangan. The four council-appointed members then select a fifth board member/chair of any affiliation, and Denise Williams, a Democrat, was unanimously selected to serve in April 2021, which predates Schramm, Fusaro and Mangan.
Council appointed Fusaro to the election board in March this year.
The agenda attachment posted to last week’s meeting contained a resolution stating the Pennsylvania Constitution provides that “appointed civil officers, such as board members, serve at the pleasure of the governing body that has appointed them.”