Former Luzerne County Councilman Rick Morelli filed court paperwork Wednesday challenging Walter Griffith’s eligibility to run for county controller and to hold the position if elected.
Griffith, 62, Kingston Township, said he now might withdraw from the race rather than pay a lawyer to fight Morelli’s claims.
Griffith filed nomination papers last week to run as a Republican for controller — a position he held from 2010 until 2013.
The petition filed by Morelli, Sugarloaf Township, asks the courts to void Griffith’s candidacy in the May 16 primary, alleging his nomination petition contains flawed signatures.
Controller nomination petitions must contain at least 250 valid signatures of registered Republicans, and the signers must state their addresses and legibly print their names and date they signed, Morelli’s filing said.
Griffith’s petition contained 267 signatures, according to the county election office. However, Morelli maintains 107 of those signatures are “defective” and “must be stricken” because they appear illegible, are crossed out and/or contain the improper address or legal name for the signer.
If the 107 signatures are voided, Griffith would not have enough for his name to appear on the primary ballot.
Morelli’s filing also challenges Griffith’s eligibility to serve due to his criminal record.
Griffith ended probation in September for his 2013 guilty plea on three misdemeanor charges of obstructing the administration of justice for recording three conversations without obtaining permission of those taped as required by state law.
He had also agreed to step down as controller and not seek public office during the probationary period.
The state constitution says people convicted of embezzlement of public money, bribery, perjury or other “infamous crime” are barred from holding public office. But a case law analysis would be necessary to determine if Griffith’s misdemeanor obstruction offense would fall into the infamous crime category, officials have said.
Morelli’s filing said this determination is based on whether dishonesty was involved in the crime, and he believes that condition was met in Griffith’s case.
“Furthermore, the underlying facts that led to respondent’s conviction, i.e. respondent audio recorded individuals without their knowledge or consent, while acting as controller of Luzerne County, most certainly involves dishonesty in the facilitation of the crime,” the filing stated.
Morelli, 45, is represented by Lawrence J. Moran Jr. and Christopher Harrison, of Joyce, Carmody & Moran P.C. in Pittston.
‘Nothing malicious’
Griffith said Wednesday he has confidence all signatures on his petition are valid. He said he personally obtained about 200 of the signatures from people he knows, while a few trusted citizens secured the rest. The county election office reviewed each signature and invalidated only about three because they were not dated, leaving 267, he said.
He also does not believe the charges he pleaded to would bar him from holding office because they were misdemeanors. Griffith said the recordings were made to develop an accurate record.
“I did nothing nefarious or malicious. I made a mistake, and as far as I’m concerned, life goes on,” he said.
Griffith said no citizens have discouraged him from running due to the previous charges.
He has blamed himself for failing to research the law before recording a 2010 call with county pension fund officials, a retirement board closed-door executive session that same year and a 2011 call with Y. Judd Shoval, a member of the nonprofit CityVest board that handled the failed Hotel Sterling renovation project in Wilkes-Barre.
“I think people want me to finish the job I started. Instead of challenging my candidacy, I think people should be allowed to decide if they do or don’t want me in.”
Griffith said he respects Morelli’s right to challenge the petition and will review the filing when he receives it.
“I don’t know what I’ll do. I may withdraw my petition because I’m not in a financial position to pay a lawyer to fight this,” he said.
Morelli, who works in computer software, said he challenged Griffith’s candidacy because he views him as an “obstructionist” who does not want to keep home rule government “on the right track.”
“I’ve been for home rule, and Walter has been an opponent,” said Morelli, who served with Griffith on the study commission that drafted the charter that took effect in January 2012.
A county councilman from 2012 through 2015, Morelli said he still monitors county government “from the sidelines.”
No other Republicans filed a petition to run for county controller in May, and incumbent Michelle Bednar is unopposed on the Democrat ticket. The controller is paid $64,999 annually through a four-year term and is the “independent watchdog over county fiscal and management activities,” according to the home rule charter.
“I’ve worked with both Walter and Michelle, and as a Republican, I think Michelle’s doing a better job. This has nothing to do with political parties,” Morelli said.
He said Griffith cost the county interest when he unsuccessfully challenged a 2015 debt restructuring and said the county council is set to vote next week on a $12,000 settlement with Shoval over Griffith’s recording without consent. Morelli also pointed to Griffith’s past acceptance of more than the one allowable homestead tax break.
“This is the only legal recourse available to resolve this,” Morelli said. “If he does win for some reason, I’m concerned the question of his eligibility would cause more delay and possibly cost taxpayers more money.”
