PITTSBURGH - Allegheny County's newest councilmember has already gone to court to try to avoid an election this year, claiming his recent appointment carries a term until 2027.
Mike Embrescia filed a lawsuit April 29 against the county council and board of elections after they told him he would have to win election in 2025 to retain his post. The suit comes months after Embrescia, a Republican, was approved to replace Sam DeMarco, who retired to work for U.S. Sen. Dave McCormick.
DeMarco was first elected to the council in 2015. Embrescia in 2023 unsuccessfully ran for election to it, losing to Democrat Dan Grzybek, but is now the Republican at-large of the council.
The county charter says an interim councilmember holds the vacated seat until it is filled "at the next available municipal election." Where it gets complicated is the seat's "at-large" status, as DeMarco was elected in 2023 for a four-year term to that position.
"Defendants... have incorrectly interpreted... the Home Rule Charter by requiring Plaintiff to run for election in the 2025 municipal election, including the 2025 primary election coming up on May 20, 2025," Embrescia's lawsuit says.
"As a matter of law, Plaintiff is entitled to finish the term of county councilmember Mr. DeMarco. Plaintiff would then have to run again in 2027 when both at-large seats become available."
County law says at-large members are nominated by their respective political parties, and each voter may vote for no more than one candidate. The two candidates receiving the highest number of votes shall be elected as at-large councilmembers.
Embrescia says the next time that procedure can be followed is when the term of the at-large Democrat Bethany Hallem.
"Accordingly, Plaintiff should be entitled to finish Mr. DeMarco's term and then stand for election again when both at-large seats are available in accordance with county code," the suit says.
Thomas King III and Thomas Breth of Dillon McCandless King Coulter & Graham represent Embrescia. Judge John McVay has scheduled a hearing for May 12 in the Allegheny County Court of Common Pleas.
Embrescia is the chief development officer at Carnegie Robotics with a background in real estate. He served as executive director at Building Owners & Managers Association Pittsburgh, which successfully challenged the city's Safe and Secure Building Act.
In 2017, the state Supreme Court invalidated the ordinance that required security officers who received emergency training in commercial buildings of at least 100,000 square feet.