Judge to hear arguments in sheriff's challenge of Westmoreland vehicle policy

A judge will hear arguments next month in a lawsuit that seeks to invalidate a policy requiring GPS tracking of all Westmoreland County government vehicles.

Sheriff James Albert challenged the policy, claiming it violates his right as an independent elected official to manage his office and contends the tracking could put his deputies at risk.

Commissioners in June adopted an updated policy they said is needed to properly manage the county’s vehicle fleet and to ensure cars, trucks and other equipment were properly utilized.

Real-time tracking devices were to be installed on the county’s more than 190 vehicles, including those taken home nightly by employees and elected officials. Cars driven by sheriff’s deputies while serving warrants, transporting inmates and performing other investigatory duties also were to receive the devices.

Albert filed his court challenge against the policy in October after commissioners rejected a request for a waiver to exempt deputies from the tracking requirement.

Westmoreland County Common Pleas Judge Harry Smail Jr. issued an injunction in the fall that blocked enforcement of the vehicle policy.

In a court filing made public this week, the sheriff asked the judge to sign an order to invalidate the portion of the policy that requires GPS tracking of vehicles. Smail will hear arguments on that request May 21.

Albert says commissioners, through tracking of deputies in county vehicles, are seeking to assume oversight of his staff.

“Plainly, Westmoreland County, by and through its commissioners, is attempting to use the authority to conduct the county’s business as a means to circumvent the lack of authority to supervise elected officials and their employees,” the sheriff said in his court filing.

In its response, commissioners defended the vehicle policy as one that grants them authority to manage the county fleet, which costs about $1.2 million annually to operate. They argued sheriff’s deputies have historically signed off on previous versions of the county’s vehicle policy.

“Supervising rights under … the county code cannot be interpreted as allowing the sheriff to interfere with the assets of Westmoreland County and the commissioners’ administration and protection of those assets or the fiscal affairs of Westmoreland County,” the county’s response said.

The county’s fleet includes vehicles used by the park police, sheriff’s office, probation, children’s bureau and Area Agency on Aging.

About 50 vehicles last year were assigned full time for staff to take home each night. Officials said three elected officials — District Attorney Nicole Ziccarelli, Coroner Tim Carson and Albert — use take-home vehicles. The county’s previous vehicle policy required all employees assigned take-home vehicles to submit monthly mileage reports.

Commissioners said GPS tracking would better monitor how and when all vehicles are utilized.

Ziccarelli’s use of her county-issued SUV came into question after she crashed in Murrysville in December 2022 during a late-night drive home on icy roads. She claimed she had visited a friend who was mourning the death of a relative.

The crash resulted in more than $33,000 in damage to the vehicle.