Editorial: Allegheny County can continue to sue Allegheny County
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Allegheny County council is suing the county government over a five-year contract with Adelphoi to reopen and operate Shuman Juvenile Detention Center.
Why? Because the contract was entered into by former county Executive Rich Fitzgerald. Under the county’s Home Rule Charter, the executive can do that for services the county accepts.
So what’s the problem? The county needs juvenile detention services. That’s been a real issue since Shuman closed in August 2021.
The sticking point is whether Fitzgerald overstepped his authority. The terms of the deal place the Shuman Center in Adelphoi’s hands for five years. As a county asset, that property falls under council’s auspices for approval.
But Fitzgerald left office. There’s a new county executive. Why does this have to be in court?
Washington County Common Pleas Judge Katherine Emery is hearing the case because of Allegheny judges’ recusal. She ordered last week that council has a point. She declined to throw out the case.
It is appropriate for council to assert its rights under the charter. The county executive is not meant to be the only authority. There is a county council for a reason.
But why does everything have to end up in court? This isn’t the only case of council members taking their case to a judge.
Councilman-at-large Sam DeMarco, chairman of the Republican Committee of Allegheny County, teamed with fellow committee members David Majernik, Todd McCollum, Robert Howard and Karen Kralik to sue new County Executive Sara Innamorato last week over her decision to place mail-in ballot drop boxes for next month’s primary election.
Again, it was an issue of not being consulted. The lawsuit has been withdrawn as the issue has been placed on the Board of Elections agenda. An agreement signed by a judge requires ballot return and satellite voting locations to be approved by a majority of the three-member board.
The lawsuits go both ways. In 2023, Fitzgerald sued council over minimum wage for county employees — legislation that he said took his authority. A judge agreed.
Lawsuits like these are similar to those filed by state lawmakers against Gov. Josh Shapiro and predecessor Tom Wolf over issues they don’t like and believe overstep executive powers. But in Allegheny County, they are a little bit different. The dissension is often not partisan.
What it all comes down to is the blending of two issues: power and communication.
Whether the plaintiff is the executive or the lawmakers, it is appropriate to make sure the power wielded isn’t misplaced. A council that allows a county executive to make unchecked decisions doesn’t serve much purpose, and an executive who lets council claw back powers quickly could become a figurehead.
But how many of these issues could be solved with more open lines of conversation about what needs to be done, what is planned and who needs to do what to make that happen?