County Commissioner Ethics Authority Over D.A. and Sheriff's Offices
According to <a href="http://www.timesherald.com/articles/2009/11/26/news/doc4b0de71113075929…; target="”_blank”">an
article in the <i>Times-Herald</i></a>, a Montgomery County
(PA) judge ruled that the county commissioners do not have authority to
prohibit employees of the district attorney or sheriff's offices from
participating in political activities or running for office.<br>
<br>
This is an unusual rule. Generally, the limitation of political
activity by local government employees applies to working hours, the
use of government property and personnel, and coercion of subordinates.
In addition, there are many situations where the <a href="http://www.cityethics.org/node/409" target="”_blank”">Hatch Act</a> applies. Such
limitations do not, as the Montgomery County law seems to have
provided, generally apply to employees' free time.<br>
<br>
The suit was filed by the sheriff and the D.A. One of the commissioners
said that the law was necessary to keep party politics out of the daily
business of government. “We need more ethics and less politics in the
courthouse."<br>
<br>
According to another of the commissioners, a former Montgomery D.A. who opposed the law, the
other commissioners sought to limit future political challengers from
the DA’s Office. The D.A. (formerly the commissioner's top deputy) said, “They called it an ethics law, but the
truth is
their law had nothing to do with ethics. It stunk of
politics from the beginning."<br>
<br>
But the court decision seems to be limited to "second-class" counties, that is, counties that do not have home rule and have to follow state law. In general, I think that county commissioners should be able to pass ethics laws that
apply to district attorney and sheriff offices, although those offices
should be able to supplement such laws.<br>
<br>
There appears to be an enforcement issue, as well: can the prohibition on political activity be enforced without the D.A. and sheriff's cooperation? If not, it is just an aspirational guideline, but this has value itself.<br>
<br>
In any event, I think that reasonable restrictions on political activity are important, and that especially anything that could be or appear to be coercion should be protected against (and this includes, to the extent possible, employee contributions to the campaigns of their superiors). But political activity should not be overly restricted.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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