202401.28
Rudolph Clarke Wins Major Appellate Court Ruling for Controllers Statewide – Pa. appellate court hands county controller a victory in dispute with commissioners
Congratulations to Rudolph Clarke Associate Derek Keightly and firm Partner Michael Barbiero!
“We are very pleased with the ruling of the en banc Commonwealth Court. 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."
"We thank the Pennsylvania State Association of County Controllers and the County Treasurer’s Association of Pennsylvania for helping to make this decision possible through their submission of an amicus curiae brief in support of Controller Rogers. It is our collective hope that all County row offices across the state now maintain the level of independence intended by the Pennsylvania Legislature.”
"We thank the Pennsylvania State Association of County Controllers and the County Treasurer’s Association of Pennsylvania for helping to make this decision possible through their submission of an amicus curiae brief in support of Controller Rogers. It is our collective hope that all County row offices across the state now maintain the level of independence intended by the Pennsylvania Legislature.”
Derek Keightly
Rudolph Clarke, LLC Associate
WILLIAMSPORT — The Lycoming County commissioners did not have the authority to transfer certain fiscal functions from the office of the elected controller, Commonwealth Court says.
Friday’s ruling affirmed the decision of Potter County Senior Judge John B. Leete that under the county code the controller has responsibility for general ledger, payroll and accounts payable functions.
That finding was a victory for Controller Krista B. Rogers who fought the commissioners’ decision to transfer those functions to the Office of Budget and Finance under their control.
For more information, see the articles below:
The court summarized the office this way:
"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."
"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."
Thank you and congratulations to the litigators at Rudolph Clarke for winning an important Commonwealth Court case in favor of the Lycoming County Controller.
In short, the judge affirmed that the County Code constitutionally gives the power to perform payroll, accounts payable and general ledger functions to the independently elected Controller and the County Commissioners cannot usurp the Controller’s responsibilities. As the elected Montgomery County Controller, this is a big win for independently elected officials, and a statewide decision stating in no uncertain terms that the Controller’s rights under the Code are protected and cannot be diminished by the County Commissioners or any other elected official.
In short, the judge affirmed that the County Code constitutionally gives the power to perform payroll, accounts payable and general ledger functions to the independently elected Controller and the County Commissioners cannot usurp the Controller’s responsibilities. As the elected Montgomery County Controller, this is a big win for independently elected officials, and a statewide decision stating in no uncertain terms that the Controller’s rights under the Code are protected and cannot be diminished by the County Commissioners or any other elected official.
Karen Sanchez
Montgomery County Controller,
First Vice President, Pennsylvania Statewide Association of County Controllers (PSACC)
First Vice President, Pennsylvania Statewide Association of County Controllers (PSACC)
This is excellent news!! I believe this is an important victory for all Pennsylvania County Controllers.
Harold Wissinger, CIA
Franklin County Controller
