Procedural problem prevents referendum challenge from being heard
A procedural error by the two people seeking to stop a Fayette County voter referendum on school district administration consolidation prevented the issue from being heard in motions court on Friday.
Delinda Young of North Union Township and Rob Frasconi of Uniontown had filed an objection in the prothonotary’s office to a referendum petition filed by state Rep. Timothy Mahoney, D-South Union Township, seeking to ask voters about consolidating the administrations and school boards in the county.
paperwork must be filed in the court office to have the issue heard in motions court so it can be assigned a hearing date. However, court Administrator Karen M. Kuhn said the office was not given a copy, resulting in the challenge not being placed on the motions court docket.
Young and Frasconi appeared in court on Friday — along with legal counsel from the county, a representative of the county elections bureau and Mahoney — but the matter was not heard.
Judge Ralph C. Warman said he could not hear testimony because the case was not on the docket.
Kuhn said Young and Frasconi were later informed how they could properly prepare the motions court documentation so it could be presented at a later date.
Earlier this month, Mahoney filed a petition for a referendum question and Wednesday marked the deadline for objections to be filed. The question is: “Do you support the dissolution of the school boards and administrations of the Fayette County public schools and the creation of a countywide school board and administration to oversee the daily operations and finances of each independent school district?”
Mahoney is seeking to have the question placed on the Nov. 8 municipal election ballot. He wants voters to decide if they are in favor of consolidating the administrations and school boards of the county’s six school districts.
If the referendum passes with a majority vote, the onus would fall on the school districts to implement the consolidation. Mahoney has said he believes property taxes would be lowered by cost savings and everyone would work toward educating children.
In their objection, Young and Frasconi claim the referendum petition doesn’t state the referendum-authorizing statute; doesn’t contain the date in which the voters signed the petition; and that the period of the circulation of the petition exceeds the period for circulating a petition specified in the election code.