Luzerne County’s study commission reviewed the district attorney’s section of the home rule charter Monday but did not make decisions on possible recommended changes.
County District Attorney Sam Sanguedolce had appeared before the commission in July and urged the panel to consider eliminating the term limit, a resign-to-run clause and other charter provisions.
The Pennsylvania Economy League, a commission consultant, said only one other home rule county — Delaware — has a term limit for the DA. Delaware County’s limit is two full electoral terms or a decade, whichever is greater.
The charter here has a three-term limit but treats partial appointed and elected terms the same as full elected four-year terms in defining the limit. As a result, more than four years were shaved from the maximum Sanguedolce can serve because he was initially appointed and then elected to partial terms when predecessor Stefanie Salavantis resigned to run for county judge.
Commission Secretary Ted Ritsick said he does not want the county to be a “test case” if the legality of a term limit is challenged. He suggested making provisions governing the DA’s Office more in line with the state county code, which governs non-home rule counties and does not have a term limit.
Commission Vice Chairman Vito Malacari said he believes county residents are supportive of term limits.
If nothing else, he believes the commission should “clean up” charter language that treats partial terms as full ones, saying he believes it was a “little bit unfair” to Sanguedolce. Malacari suggested wording similar to Delaware specifying a maximum number of full terms and total years.
Commission member Mark Shaffer said term limits are popular with the public, and eliminating the one for the DA could prompt voters to reject the revised charter when it is on the ballot.
The Pennsylvania Economy League advised the commission to base its decisions on the office and future, not the person currently serving.
Resign to run
Sanguedolce also had cited legal issues with a charter prohibition stating the DA must resign from office before filing an election nomination petition or becoming a candidate for a different elective public office.
Luzerne is the only county with a “resign to run” requirement for the DA, the Pennsylvania Economy League said.
This prohibition came up in 2021 when a council majority initially moved to remove Salavantis as DA based on her filing of a nomination petition to run for judge.
Salavantis had said she was not required to step down under state law, which she asserted supersedes the county charter. When council forced the issue, she filed an action in county court arguing council has no legal authority to remove an elected DA.
Council ended up withdrawing its vacancy declaration and accepting Salavantis’ subsequent resignation, and her litigation was withdrawn.
Sanguedolce had told the commission there are only three ways under state law that a DA can be removed — by the governor with two-thirds of the Senate, impeachment or a quo warranto action requiring a full trial.
Malacari said charter drafters added the resign-to-run to help “get politics out of government.” He said the commission should better define when a DA “becomes a candidate” for another office because the disagreement over that question was never adjudicated when Salavantis reached an agreement with council.
Commission Chairman Tim McGinley concurred, saying there is a window after nomination petitions are filed for petitions to be challenged or candidates to withdraw.
The seven-citizen commission will meet again at 6 p.m. Thursday in the county courthouse on River Street in Wilkes-Barre. Instructions to attend remotely can be found under council’s online meetings link: luzernecounty.org.
The commission may vote on the number of council members that will be recommended. Members have voiced support for seven, nine or remaining at 11 members.
The commission is also considering changes to the home rule structure that has been in effect since 2012. Voters would have to approve any recommendation for it to take effect.