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A pirate comes to Scranton

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Our Opinion: Sordoni Art Gallery’s pending move to Main Street is a masterstroke

<p>NANTICOKE &#8212; Unconstitutional.</p><p>That is what a judge had to say about a provision in Nanticoke&#8217;s Home Rule Charter requiring the city manager to live in the municipality even though other workers do not.</p><p>Luzerne County Judge Thomas F. Burke Jr. issued the ruling last week.</p><p>&#8220;It&#8217;s over,&#8221; Mayor Richard Wiaterowski told the Times Leader this afternoon.</p><p>And that means City Manager Andy Gegaris, who lives about 30 minutes away in White Haven, won&#8217;t have to quit or move.</p><p><strong>Questions raised</strong></p><p>Gegaris was hired on May 22, 2014 and informed that he had to become a city resident by May 22 of this year, according to the petition.</p><p>At a council meeting earlier this year, local resident and critic, Henry Marks questioned Gegaris&#8217;s professional qualifications, and inquired about the manager&#8217;s residency status. Council then authorized solicitor William T. Finnegan to seek the court&#8217;s judgment on whether the provision should stand.</p><p>Gegaris is the city&#8217;s third manager since the charter took effect on Jan. 1, 2012, the document points out, and the fifth person to hold the post since 2004.</p><p>The charter, which had been prepared by a study commission, was approved by city voters in November 2011.</p><p>Nanticoke has just under 50 employees, but according to the charter, only two are required to live in the community: the city manager and the city clerk.</p><p>Current City Clerk Mary Beth Cheshinski is a Nanticoke resident.</p><p>Burke pointed out that Cheshinski is a part-time employee, making Gegaris the only full-time employee subject to the provision.</p><p>And that, the judge wrote, violates both the U.S. and state constitutions, adding &#8220;that the imposition of a residency requirement for the position of City Manager represents disparate treatment for that position as contrasted to the police, fire, clerical and public works employees of Nanticoke City who are not subject to the same requirement.&#8221;</p><p><strong>History</strong></p><p>Gegaris is the city&#8217;s third manager since the charter took effect on Jan. 1, 2012, the city&#8217;s petition pointed out, and the fifth person to hold the post since 2004.</p><p>The charter, which had been prepared by a study commission, was approved by city voters in November 2011.</p><p>&#8220;The City of Nanticoke is experiencing difficulty in recruiting and maintaining highly qualified candidates to discharge the significant responsibilities of the position of city manager in light of the residency requirement which has been imposed in the charter,&#8221; the petition states, adding that when Gegaris was interviewed for the post, there were six people who had applied for the position and none of them resided in the city.</p><p>&#8220;The City of Nanticoke needs stability which cannot be effectuated with the high turnover rate in the city manager position,&#8221; the city argued.</p><p><strong>Gegaris on call</strong></p><p>The petition also pointed out that Gegaris is required to be available by telephone 24 hours a day, seven days a week, other than during vacations, and he has been fulfilling that requirement.</p><p>&#8220;Further, in this day and age, technology makes it easy to always be able to contact these employees in cases of emergency due to the use of cell phones and email,&#8221; the petition stated.</p><p>The judge agreed, referencing testimony made by Gegaris when a hearing on the matter was held in July.</p><p>Burke wrote that &#8220;the potential issue relating to the City Manager&#8217;s availability to handle emergency matters is further diffused by the credible testimony of Mr. Gegaris, who testified that he is available virtually 24/7 by way of cell phone service enabling text, cell email communications on an as-needed basis, including responding to calls at 4:30 a.m.&#8221;</p><p>Nanticoke late last month became the first city in Pennsylvania to shed financially-distressed status under Act 47. Burke also pointed out that an official with the Pennsylvania Economy League, Nanticoke&#8217;s state-appointed financial recovery coordinator, &#8220;credibly and persuasively&#8221; testified to the excellent job Gegaris was doing as manager, and that in his opinion, the imposition of a residency requirement would &#8220;hinder the recruitment of qualified professionals&#8221; for the post.</p><p>&#8220;We advertised for the job twice, and not anyone from Nanticoke applied,&#8221; Wiaterowski said in an interview.</p><p>Noting that the manager&#8217;s post is &#8220;at-will&#8221; and dependent on the support of the current mayor, Wiaterowski also said &#8220;it&#8217;s not fair&#8221; to require Gegaris to pick up and move for a $65,000-per-year job that could be gone when the political winds change.</p><p>Wiaterowski said he plans to consult with Finnegan about whether and how the charter language needs to be amended in light of Burke&#8217;s decision.</p><style>
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<div class="neCaption">Wiaterowski </div></div><div class="metaInfo"><photo0>https://www.timesleader.com/wp-content/uploads/2015/09/web1_TTL062315NanticokeAct47_22.jpg</photo0><caption0>Wiaterowski </caption0><photoCredit0></photoCredit0></div><div class="neFile"><img class="neImage" src="https://www.timesleader.com/wp-content/uploads/2015/09/web1_TTL061815nanticoke42.jpg">
<div class="neCaption">Gegaris </div></div><div class="metaInfo"><photo1>https://www.timesleader.com/wp-content/uploads/2015/09/web1_TTL061815nanticoke42.jpg</photo1><caption1>Gegaris </caption1><photoCredit1></photoCredit1></div></div>
<div class="metaInfo"><subheadMeta>Judge says city manager cannot be singled out</subheadMeta></div><div class="metaInfo"><bylineMeta><p>By Roger DuPuis</p><p>rdupuis@www.timesleader.com and Geri Gibbons</p><p>ggibbons@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Roger DuPuis may be reached at 570-991-6113 or on Twitter @rogerdupuis2.</p></shirttailMeta></div>

Court: Nanticoke residency requirement unconstitutional