Elected New Castle councilman won’t be sworn in

By jeanne starmack

starmack@vindy.com

new castle, pa.

A newly elected city councilman will not take the oath of office Monday at the council’s swearing-in ceremony.

Gary Mitchell agreed in Lawrence County Common Pleas court Friday that he will not be sworn in while a case challenging his right to hold public office is pending.

County District Attorney Joshua Lamancusa had filed an emergency petition with the court Thursday to keep Mitchell from being sworn in because he is a convicted felon and therefore ineligible under state law to hold public office.

Lamancusa filed a complaint Dec. 14 asking the court to bar Mitchell from office.

Mitchell has until Wednesday to answer the complaint. A hearing date will be set after the answer is filed.

Before Friday’s hearing, Lamancusa and Mitchell reached the agreement that Mitchell would not be sworn in until the case is resolved.

Mitchell was convicted in 2002 of selling crack cocaine to undercover agents.

He said he’s changed and wants to serve his community. He now runs an organization called Rebuilding of Life Ministry.

He’s asked the state to pardon his drug crime. He believes that if he receives that pardon, he’ll be eligible to hold office.

His candidacy was challenged in the Nov. 8 election by another candidate, John Altman.

Altman was one of four candidates vying for three open council seats, and he was the only Republican in the race. He contended that Mitchell did not belong on the ballot because he is ineligible to serve on the council.

The county board of elections contended it could not, under state law, prevent a candidacy.

Altman took Mitchell and the elections board to court, but an issue of who has legal standing to petition for Mitchell’s removal from the ballot thwarted his case, with the court saying the district attorney or the state attorney general should have that standing. If the county and state attorneys refused on record to act, then the court could have conferred standing on Altman, Common Pleas Judge John Hodge ruled. He left the door open for Altman to refile his complaint.

The state attorney general’s office sent a letter to Altman saying it would defer the case to Lamancusa, who told Altman he wouldn’t act unless Mitchell won the election, Altman told The Vindicator. He said he believed he was running out of time to refile his complaint before the election.

Mitchell came in third in the election, beating Altman 1,866 to 1,693.

Altman said Friday that he has filed a petition asking the court to declare him the winner of the election if Mitchell is barred from the council.

“That’s a real long shot,” Altman acknowledged.

Council President Mary Anne Gavrile said Friday the city is already getting resumes to fill Mitchell’s spot if the court bars him from serving.

“I’ll put in a r sum ,” Altman said. But he has said before that he doesn’t believe the council will appoint a Republican in the heavily Democratic city.

Council cannot fill the seat until the court case is resolved.