Former Plymouth Council President Sues County Commissioners

Former Plymouth Township Council President Nicholas Salamone joined with the Montgomery County Republican Committee (MCRC) to sue commissioners Josh Shapiro and Leslie Richards and county employee Michael Paston regarding Paston’s position as “acting director” of the voter services department since the firing of long-time director Joseph Passarella in April.

Salamone "has in the past been and may in the future be a candidate for political office, and as such he has an interest distinct from that of the general public" in the Montgomery County Board of Elections, according to the lawsuit.

A Plymouth Meeting real estate agent and a Republican condender for county commissioner in 2011, Salamone served on Plymouth Township Council between 2005 and 2009, also serving as the board's president.

The suit alleges that Shapiro and Richards illegally appointed Paston, former Democrat elected official and current county archivist and print shop manager, to the post without approval from the salary board, according to the suit.

According to a Margaret Gibbons article in Phillyburbs.com, sources say Shapiro and Richards wanted to immediately appoint Paston to the position but did not have the votes necessary.  Republican Commissioner Bruce Castor and Controller Stewart Greenleaf are the other voting members on the salary board.

“We assert that no provision of the state Election Code allows for the appointment of ‘interim employees' like Shapiro and Richards have illegally appointed Paston,” said a press release from MCRC. “Accordingly, we ask the court to remove Paston from the post and bar him from acting in the capacity of ‘chief clerk’ of the Election Board.”

Shapiro called the suit “wrong on the facts, wrong on the law.”

According to Richards, Montgomery County Chief Operating Officer Lauren Lambrugo was appointed chief clerk of the election board on the first day of the Shapiro-Richards administration.

Regarding Paston’s position as “acting director,” Shapiro, Richards and county solicitor Raymond McGarry say that Paston reports to Lambrugo.

“She is acting like any other manager would. She’s running voter services, so she’s managing her staff,” said McGarry.

The salary board argument is also inaccurate, according to Montgomery County Communications Director Frank Custer, as no board action was necessary because Paston's salary did not change.

"Most importantly, it was not a transfer from one department to another," Custer said. "He is on loan to voter services and is still the print shop/archives director, so he was not technically transferred from one department to the other."

MCRC previously attacked Paston on his history as a Democratic candidate, including running unsuccessfully for a State House seat in 2006 and judge in 2011.

“Our focus has always been and will remain that all of the county departments are run professionally, regardless of political affiliation,” said Richards.

The county is well suited for the upcoming primary, Richards said, and voters should not be distracted by these “juvenile shenanigans.”