Skene

Skene

For the second day in a row, acting Luzerne County Chief Solicitor Harry W. Skene established there are no prohibitions for Beth Gilbert McBride to work as deputy election director while filling out her term on Wilkes-Barre City Council.

Skene had confirmed Wednesday that he found no restrictions in the county’s home rule charter or codes.

On Thursday, county Election Board member Alyssa Fusaro asked Skene to review sections of two state laws to determine if they would bar McBride from working for the bureau while on council, with Fusaro stressing she is not an attorney and apologizing if she is wrong and wasting his time.

Skene replied Thursday evening with a conclusion that the two laws she cited do not apply in this case.

“Thank you for your email, and you never need to apologize for asking a question,” Skene wrote. “The Office of Law is here for that purpose.”

The first law says “election officers” can’t hold any public office.

Skene’s reply said this law section is not applicable in this situation and noted McBride does not meet the definition of an election officer as a bureau employee.

In the second citation by Fusaro, Skene said that law took effect in 1874 and prohibits elected officials from holding two elected positions at once. He cited an application of the law from 1992 preventing an elected city constable from simultaneously filling an elected city council seat.

“In the matter at hand, Ms. McBride is a City Council member and will now be a county employee, which does not violate the statutes cited, county charter or county codes,” Skene wrote.

Skene said he was happy to respond to the inquiry.

“I do not know Ms. McBride, but I hope she becomes a valued member of the election bureau staff and that she works well with the Board of Elections,” Skene wrote.

Fusaro said she also does not know McBride or have any personal animosity toward her.

“My email was just questioning things. That’s my job, to make sure everything is on the up and up,” said Fusaro, one of two Republican members on the bipartisan volunteer election board. “It’s not about her as a person.”

County Election Director Michael Susek has said the county human resources department had the county law office fully review McBride’s eligibility early in the selection process.

Skene has said concerns could surface if McBride sought re-election to city council because she would appear on the ballot while assisting with elections, but McBride has publicly announced she would not run for a third council term when her current term ends in 2023. The county administration also made it clear she would not be permitted to run for office while working for the bureau, officials said.

McBride, a 28-year-old Democrat, will receive $42,000 annually in the position and start work today.

In response to continued scrutiny, McBride said Thursday she will be “completely apolitical” in the deputy election director position.

Her focus will be serving all county residents of any affiliation or no affiliation, she said.

“My only job is to ensure that our laws are upheld and that all people in Luzerne County have proper access to the right to vote,” McBride said.

Reach Jennifer Learn-Andes at 570-991-6388 or on Twitter @TLJenLearnAndes.