Former Lycoming Township Supervisors are working quickly with their attorney to petition the Lycoming County Court of Common Pleas to ensure that a Township Supervisor can be properly appointed to the council.
Supervisor David Kay was nominated and introduced as supervisor ahead of any vote in early May, said Christopher Kenyon, senior township attorney at McCormick Law.
Kay has volunteered to fill a position left vacant by the resignation of former supervisor Sam Aungst, whose last day in office was April 12. Aungst is the Williamsport Bureau Fire Chief.
The other two supervisors are Linda Mazzullo, current chair of the board, and David Shirn.
Procedure in the township code requires that if there is a vacancy and it is not filled by the supervisors themselves within 30 days, a vacancy board has 15 days from the expiration of this date to fill the vacant post. The vacancy committee is made up of one member of the public and the two remaining supervisors.
Unfortunately, due to the timing of the procedural misstep, it more than likely means that McCormick Law will bring a motion to court, which will be unopposed as the people who have the right to challenge it are the supervisors.
“We want to make sure Kay has an official date,” Kenion said.
Case law indicates that an unintentional error in the process does not mean that Kay would not be allowed to continue serving until Jan. 1 after the next municipal election, the attorney said.
“We will collect the petition and present it to the court,” he said. All actions since Kay’s appointment shall not be invalidated because he acted in good faith in a manner duly
designated post. The court will not void the action, Kenyon said.
“We hope to do so before the next regular public meeting,” he added. he said.
It comes at a time when the township could be set to vote on a police regionalization agreement with the Tiadaghton Valley Regional Police Department and the major 2023 budget season plan.
Stacey Witalec, spokesperson for the Commonwealth Judiciary, said the best place to get a procedural question answered correctly in council would be the lawyer.
Concerned Citizens of Old Lycoming Township, an investigative group made up of former law enforcement officers among other residents, was made aware of the procedural issue and also told the Sun-Gazette about it on Friday.