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Two Proposed Bills Would Cost County Government Money

Posted 6-28-2004

If you ever wonder why county government is such a bastion of contradictions and a conglomeration of competing interests, two recent pieces of legislation working their way through the Pennsylvania legislature show why. The first bill (Senate Bill No. 735), endorsed by the State Constables' Association, will increase constables' fees and add a component for a minimum mileage reimbursement when they are rounding up their "clients". The second piece of legislation (Senate Bill No. 930), being promoted by the Deputy Sheriffs' Association, would give deputy sheriffs heart and lung benefits (for life) like police receive.

I do not begrudge either group for trying to get as much as possible regarding earnings or benefits. But both will add to the costs of county government, and the County Commissioners Association of Pennsylvania opposes both pieces of legislation. We oppose them because they will add to the expense of county governments. Particularly, we oppose them because both groups serve the courts and in theory the Commonwealth is supposed to be funding the court system in Pennsylvania, not adding more potential expenses for county governments. Instead, these groups lobby the House and Senate, and many legislators, wanting to make those groups happy, agree to support the legislation without understanding the potential expenses for county governments.

Our problems are twofold. First, the minimum mileage issue means even if a constable travels five miles to round up a suspect, he or she would be compensated for 10 miles. Second, you may think the defendant would assume that cost, and, in some cases, the defendant does. But in the many cases where defendants have no money, the court assigns the county to pay those costs. Last year, Westmoreland County government spent $265,000 in constable fees.

The deputy sheriff's bill also has the potential to raise costs for county governments. It contains a clause that if a deputy sheriff would show symptoms of heart disease or tuberculosis after four years of service, it would be assumed that it was a result of employment, and the county would have to pay lifetime compensation. That is a potentially large liability that county governments would have to assume.

My overall point is that the legislature is faced with competing interests when legislation like this is presented to them. I am sure they want to please those two constituencies, the Constables' Association and the Deputy Sheriffs' Association, but the County Commissioners' Association must look out for county taxpayers throughout Pennsylvania and ask the legislature to consider the consequences on our budgets.

It will be interesting to see the outcome. I understand that the State Senate is now considering two amendments to the Constables Bill. One eliminates the minimum mileage and the other would make the Commonwealth assume any increased costs. Hopefully, these amendments will make it into the final legislation.

We are working much harder, both individually as commissioners and collectively through our association, to communicate better with our representatives. Too often, I think they are unaware of the consequences of certain legislation on county governments. There has been so much thrust upon county governments over the years that make budgeting such a challenge that we must be more assertive in fighting additional un-funded mandates. Our position does not reflect insensitivity to these special interests, but a better understanding of the growing challenges county commissioners face when trying to balance a budget that has increased burdens each year.

 

 
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