OP-ED: In support of checks and balances
In our political system, checks and balances are the mechanisms that 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 President Donald 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 being tested.
The Washington County controller’s office provides valuable checks and balances on our local financial system to ensure a transparent, accountable government.
As mandated by state statute, the 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.”
The controller’s office has always provided 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 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 $100,000 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 fellow Republican April Sloane was forced to resign as the elected controller after pleading guilty in September to animal abuse charges.
Sheatler, who has worked in the controller’s office for 22 years and is seeking the Republican nomination for the position in the May primary, has brought stability to the office. 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.
In late February, Republican Commissioners Nick Sherman and Electra Janis wanted to review her performance as a county employee and create a new position of deputy controller. Both Sheatler and her solicitor saw the actions as an election year tactic aimed at delegitimizing her and her office. Her 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 irregularities were revealed in connection with the March 12 Real Estate Expo organized by the two Republican commissioners and their staff when it was learned that money was taken from federal funds earmarked for blight mitigation to pay the keynote speaker’s $30,000 appearance fee and related travel expenses. Sherman said the money would be returned to the account after expo revenue came in. The controller discovered that an unauthorized bank account was opened for the expo, which was taken outside the proper financial protocols designed to maintain accountability over public resources. Sheatler told the Observer-Reporter that “to circumvent these rules is to avoid accountability, something I simply cannot allow.” Last week, the commissioners approved a plan to place the account in the treasurer’s office, subject to the controller’s review.
These disagreements between Sherman, Janis and their staff and the controller should not be taken lightly. It would appear that the Republican commissioners have an agenda to elect a Republican controller in the May primary who will support their interests.
Gary Stout is a Washington attorney.