DA: Glenn Eckhart Not Eligible for Controller

Lehigh County District Attorney James B. Martin has legally challenged right to hold his elected position, the district attorney's office has said in a news statement.

Martin says Eckhart violated the County Code of Pennsylvania because he did not wait two years after he resigned as a county commissioner before assuming the office of controller, which is stipulated under the law.

The civil action says Eckhart, of Salisbury Township, resigned as county commissioner on Dec. 30, 2011, a post he held for six years. Eckhart was elected county controller on Nov. 8, 2011 and assumed the office on Jan. 2, 2012.

 “The public policy reason behind the Code’s prohibition is to ensure that a controller is not in a position to audit the funds he oversaw as a commissioner,” Martin said in the statement.

Lehigh County, which operates under a Home Rule Charter, "has no comparable prohibition as that in the County Code," Martin's statement said.

Martin is seeking a ruling from the court as to whether the County Code or the Home Rule Charter controls.

“I believe that the County Code is controlling because there is no comparable prohibition in the Home Rule Charter on the length of time required between holding the office of commissioner and the office of controller,” Martin said.

“The County Code has statewide application that supersedes the provisions of the Charter.  In addition, Home Rule Charters can’t be inconsistent with the State Constitution or an act of the General Assembly.”

Martin said the question of the legality of Eckhart holding the position of controller was brought to his attention by County Solicitor Matthew Sorrentino, who joined Martin at a news conference held Friday morning.