Commonwealth Court Ruling Offers Guidance for County Governments in PA

Local government officials do not have the authority to transfer financial tasks from the elected county controller’s office, the Commonwealth Court has determined.

The Court’s recent ruling is a victory for Rudolph Clarke Partner Michael Barbiero and Associate Derek Keightly, who, since January 2022, have represented Lycoming County Controller Krista B. Rogers in her fight against the Lycoming County Commissioners after the board transferred fiscal functions to the Office of Budget and Finance.

The Court denied the Lycoming County Commissioners’ motions for post-trial relief and instead backed a previous decision of Potter County Senior Judge John B. Leete, who determined that under the county code, the controller is responsible for the general ledger, payroll and accounts payable operations and that the county commissioners had illegally transferred those tasks from her office.

“In short, the Commissioners’ claims in this regard are without merit and do not compel reversal of the trial court’s order in this case,” the Pennsylvania Commonwealth Court Memorandum Opinion stated.

Barbiero agreed with the court’s summation of the controller’s office: “The controller, next to the commissioners, is probably the most important official concerned with county financial administration, responsible for supervising the accounts of all county officers who deal with public moneys.”

Keightly said he is pleased with the Commonwealth Court ruling.

“Now that these issues have been definitively addressed by the appeals court, county governments across the state have additional clarity regarding the required checks and balances of the row offices and proper functioning of county government as a whole,” Keightly said. “It is our collective hope that all county row offices across the state now maintain the level of independence intended by the Pennsylvania legislature.”

Rogers initiated the case on Dec. 10, 2021. Following her attorney’s death, Rudolph Clarke attorneys entered their appearances in January 2022. In July 2022, the trial court found in favor of Rogers. The Commissioners filed a motion for post-trial relief, and the Court vacated the July 2022 judgment to allow an evidentiary hearing, which followed on Sept. 22, 2022. On Dec. 1, 2022, the trial court again ruled in favor of Rogers. The Commissioners filed a motion for post-trial relief, which prompted an argument on that motion on Jan. 10, 2023. On Jan. 25, 2023, the trial court denied the Commissioners’ post-trial motion. The Commissioners subsequently appealed to the Commonwealth Court. On Jan. 26, the Commonwealth Court affirmed the trial court ruling, finding in favor of Rogers.

About Rudolph Clarke, LLC

Rudolph Clarke, LLC has provided legal services to primarily municipal and local governments since 2001. The firm operates offices in Bucks, Montgomery, Chester, Delaware, and Philadelphia counties, as well as Marlton, N.J. To learn more, please visit https://rudolphclarke.com/