Lawsuit challenging Westmoreland vehicle tracking policy rolls on

Sheriff James Albert’s initial attempt to invalidate Westmoreland County’s vehicle tracking policy has been rejected by a judge.

Common Pleas Judge Harry Smail Jr., in a ruling made public Friday, said more evidence is needed to determine whether the policy violates the sheriff’s ability to independently run his elected office. Commissioners enacted the policy in mid-2024.

Albert claims a provision in the policy that requires GPS tracking of vehicles put his deputies at risk and commissioners have no authority to set office policy.

Smail did not make a final ruling in the case, said he was unwilling to decide the policy’s legality until there is a full hearing of evidence.

“A wholesale declaration that the policy is entirely void as to the sheriff department would therefore be inappropriate as a grant of judgement on the pleadings. Further, any safety risks to the sheriff’s office personnel posed by the policy would necessarily require the submission of evidence supporting this assertion to the court,” Smail wrote.

Lawyers for Albert and the state sheriff’s association during a hearing in May argued there already is enough information on hand for the judge to invalidate the ordinance, saying its provisions and implementation would violate the state Constitution, which gives the elected sheriff sole supervisory duties for his office.

The county’s attorney said a jury should hear evidence and decide the case.

Assistant solicitor Chris Nichols argued there remains disputed facts about how the policy would be implemented and what impact it would have throughout the government and in the sheriff’s office.

Commissioners in June 2024 enacted a revision to the county’s vehicle policy that called for GPS tracking equipment to be installed in all vehicles owned or leased by the county. The sheriff objected, and said hacked data could lead to his deputies being at risk.

Albert, who was reelected last year to a second two-year term, also argued that the policy constitutes governmental overreach by the commissioners.

Smail in October issued an injunction against commissioners implementing tracking sheriff’s department vehicles. That injunction will remain in place as the litigation continues, the judge ruled.