Hi Friends and Neighbors,
I would like to refer you to an article in the Daily Times yesterday regarding my candidacy for 5thWard Commissioner in the upcoming election. You have a right to know what is happening in Nether Providence Township, specifically the 5th Ward. While I have faithfully represented you as a public servant for little over and year now, my eligibility as a candidate is being challenged. It is very heartening to know that I have much support from the residents of the 5th Ward, that I will get through this, and hope to continue representing you in the future as a public servant, as I have been for the last 20 years.
Thank You,
Mr. Larry Baker
5thward Commissioner
Mr. Larry Baker
5thward Commissioner
Whether Upper Providence police Officer Lawrence Baker can run as a Republican candidate for the Nether Providence Board of Commissioners in the May 17 municipal primary election could be decided in a state court of appeals.
Baker was appointed to fill the 5th Ward seat on the Nether Providence Board of Commissioners last year. He filed a nominating petition to run for re-election this year, drawing a challenge from Cynthia Carroll.
Delaware County Common Pleas Court Judge James F. Proud last month denied Carroll’s petition to strike Baker from the ballot, but Carroll’s attorney, Shannon Hampton Sutherland, appealed that decision to the Commonwealth Court Friday.
Sutherland argued the Upper Providence Home Rule Charter, which bars township employees from holding elective office, should extend even into the neighboring municipality.
She told Proud the document had specifically included the phrase “within the township” in other parts of the ordinance, but not the section in question.
Sutherland is in court this week and could not be reached for additional comment, but Delaware County Democratic Party Chairman David Landau said it is a clear-cut case of qualification.
“It’s clear that Upper Providence made a decision: It didn’t want any of its employees involved in politics,” he asserted. “The charter is clear. There are no limitations (regarding municipal boundaries) and that needs to be enforced. … The drafters knew they could limit it, they didn’t limit it, and therefore they didn’t want to limit it.”
“The Upper Providence Home Rule Charter, as enacted by (a) vote by Upper Providence residents, sets forth the laws of Upper Providence and cannot be misapplied to restrict a Nether Providence resident’s right to run for office,” said Delaware County Republican Party Chairman Andy Reilly in an email. “The appeal taken at the request of the Democrat Party is frivolous and taken for purely political reasons and only serves to waste judicial resources and taxpayer dollars.”
Landau said the Nether Providence Democratic Committee is paying all court fees.
Attorney Michael Maddren, representing Baker, argued even the opening section of the charter indicates it applies only to Upper Providence and therefore its provisions should end at the township’s borders.
Maddren also argued the issue was not ripe for a decision because the document only bars “holding” office, not “running for” office. He had nothing to add to that defense when contacted Monday.
No hearing date had been posted as of Monday afternoon.
Baker was appointed to fill the 5th Ward seat on the Nether Providence Board of Commissioners last year. He filed a nominating petition to run for re-election this year, drawing a challenge from Cynthia Carroll.
Delaware County Common Pleas Court Judge James F. Proud last month denied Carroll’s petition to strike Baker from the ballot, but Carroll’s attorney, Shannon Hampton Sutherland, appealed that decision to the Commonwealth Court Friday.
Sutherland argued the Upper Providence Home Rule Charter, which bars township employees from holding elective office, should extend even into the neighboring municipality.
She told Proud the document had specifically included the phrase “within the township” in other parts of the ordinance, but not the section in question.
Sutherland is in court this week and could not be reached for additional comment, but Delaware County Democratic Party Chairman David Landau said it is a clear-cut case of qualification.
“It’s clear that Upper Providence made a decision: It didn’t want any of its employees involved in politics,” he asserted. “The charter is clear. There are no limitations (regarding municipal boundaries) and that needs to be enforced. … The drafters knew they could limit it, they didn’t limit it, and therefore they didn’t want to limit it.”
“The Upper Providence Home Rule Charter, as enacted by (a) vote by Upper Providence residents, sets forth the laws of Upper Providence and cannot be misapplied to restrict a Nether Providence resident’s right to run for office,” said Delaware County Republican Party Chairman Andy Reilly in an email. “The appeal taken at the request of the Democrat Party is frivolous and taken for purely political reasons and only serves to waste judicial resources and taxpayer dollars.”
Landau said the Nether Providence Democratic Committee is paying all court fees.
Attorney Michael Maddren, representing Baker, argued even the opening section of the charter indicates it applies only to Upper Providence and therefore its provisions should end at the township’s borders.
Maddren also argued the issue was not ripe for a decision because the document only bars “holding” office, not “running for” office. He had nothing to add to that defense when contacted Monday.
No hearing date had been posted as of Monday afternoon.
article by: ALEX ROSE reprinted from: delcotimes.com
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