In
our political system, checks and balances are the mechanisms which equitably
distribute power. Checks and balances prevent any one institution or individual
from exercising too much independent control.
For
example, at the national level, unprecedented actions taken by the Trump
administration have forced the Federal courts to issue judicial rulings to
“check” unconstitutional executive orders. The Republican-controlled Congress
has declined to exercise its constitutional mandate as a “balance” to the
executive branch. Among other shortcomings, Congress has refused to challenge unqualified
individuals who have now been appointed to critical cabinet posts or to take
swift action to review Trump’s tariff policy.
The
checks and balances articulated in the Pennsylvania Constitution and by statute
are unique to our state and local governments. However, in Washington County
similar to our ongoing national crisis, these important controls are now coming
under pressure.
This
commentary will focus on the Washington controller’s office that provides
valuable checks and balances on our local financial system. We are in danger of
losing protections that help provide Washington’s citizens with a transparent, accountable
government.
As
mandated by state statute, a county controller's office is “responsible
for overseeing the county's financial affairs, ensuring taxpayer
accountability, promoting fiscal efficiency and transparency, including
maintaining financial records, auditing county operations, and reporting on the
county's finances.”
In
Washington, the controller’s office has always been a proactive check on other
county offices and elected officials, even when all of the elected officials
are from the same political party. For example, in July of 2019, the controller
was Michael Namie, a Democrat. Following an audit of the Clerk of Courts
Office, Namie notified the Board of Commissioners that Democrat Frank Scandale
had stolen almost $100 thousand in funds from the taxpayers. Moreover, while in
office, Namie never hesitated to disclose negative audit findings and to
propose solutions in the Row Offices, then controlled by Democrats.
Republican
Heather Sheatler is now the acting controller. She was appointed to fill the
position when criminal charges were brought against the elected controller, fellow
Republican April Sloane who was forced to resign.
Shealter
has brought stability to the controller’s office. She has been employed in the
office for 22 years. Shealter learned the nuances of running the controller’s
operations from her former boss, Michael Namie. Her decisions demonstrate that she understands
the importance in placing taxpayers and office integrity before partisan
politics.
Unfortunately,
red flags have appeared that endanger the controller’s office from acting
independently on financial matters. The Republican primary election to
determine the next controller will take place on May 20. Shealter is running in
the primary against other candidates supported by the local Republican party or
by the Republican commissioners.
The
current trouble began in late February when commissioners Sherman and Janis
directed their chief of staff and the Human Relations Department to improperly
take actions to regulate and supervise personnel matters within the controller’s
office. These actions included the creation of a new position of deputy controller
and a demand that Shealter undergo “a Performance Improvement Plan.” Both
Shealter and her solicitor saw these actions as “an election year tactic aimed
at delegitimizing her and her office while the county commissioners support
another candidate.” Shealter’s solicitor sent a “cease and desist” letter
threatening legal action if her independence continued to be threatened.
The
second red flag is more troubling. Funding improprieties by the two Republican
commissioners and their staff, in connection with the March 12 Real Estate Expo,
have been exposed by the controller and the facts reported in detail by this
newspaper. First, the keynote speaker’s fees ($30,000) and her accommodation
expenses for the Expo (first class air, Pittsburgh hotel, chauffer services)
were exposed as exorbitant. Second, money was taken from the Federal funds
earmarked for blight mitigation to pay for the Expo. Third, the controller
discovered that “an unauthorized bank account was opened for the Expo, taken
outside the proper financial protocols designed to maintain accountability over
public resources.” Shealter told the Observer Reporter that “to circumvent
these rules is to avoid accountability, something I simply cannot allow.” Last week,
the controller approved a plan to place the account in the Treasurer’s office,
subject to her review.
These
disagreements between Sherman, Janis and their staff on the one hand and the
independent controller on the other should not be taken lightly. The Republican
commissioners clearly have an agenda to elect a Republican controller in the
May primary who will support their interests rather than the taxpayers. After
all, a knowledgeable independent financial watchdog stands in the way of a Republican
administration that has a history of promoting secret deals and favoring
politics over good governance.
Before
the primary, Republican voters will have the opportunity to study the
qualifications of the controller candidates and then, to vote for financial accountability
on May 20.
On
the issue of checks and balances, a special shout out goes to the hard-working
reporters at the Observer Reporter. Over the past year Mike Jones has reported
on numerous occurrences without fear or favor, including the one above. These
stories have informed the public about questionable practices initiated by the
Republican commissioners. My commentaries would not be possible without reading
his timely reporting.
If
Washington County were to become a local news desert, without a newspaper, much
would be lost, including a valuable check on elected officials.
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