Immigration enforcement is a debated topic throughout our nation — and, now, in our own backyard. At issue here is a recent “agreement” between the Westmoreland County’s Sheriff’s Office and U.S. Immigration and Customs Enforcement (ICE). The problem is the sheriff has no legal authority to act on such an agreement. The only legal contracting authority in county government is the board of commissioners.
To be sure, immigration enforcement is absolutely necessary. We are a nation of laws.
And in county government, the law is clear. It does not permit the sheriff to enter into any type of contractual agreement, either verbal or written. The exclusive authority to enter into such agreements rests with the commissioners. Otherwise, the agreements are unenforceable.
Pursuant to Section 12107 of the Pennsylvania County Code the “corporate power of each county shall be vested in the county commissioners.” (16 Pa.C.S.A. Section 12107). This includes the power to budget money for county expenditures. And according to Section 12106(4) of the County Code (16 Pa.C.S.A. Section 12106), only the board of county commissioners is authorized to make contracts. Further, the purported agreement violates the Pennsylvania Intergovernmental Cooperation Act because the commissioners did not adopt an ordinance or resolution approving the agreement, as required by 53 Pa.C.S.A. Section 2305.
The document the sheriff signed with ICE violates the law, as it impacts the county’s budget and attempts to bind the county to all sorts of obligations and potential liability that would not be covered through our insurance risk pool. It specifically puts the burden for personnel expenses, including salaries, benefits and overtime, as well as training, equipment and administrative expenses, squarely on the backs of county taxpayers.
Clearly the law is on the side of commissioners.
Good government is too.
A government of the people, by the people and for the people cannot operate in secret, with shadow agreements, no oversight, and without proper checks and balances. Every real contract approved by the commissioners, on behalf of the county, is done during a duly advertised public meeting, where anyone is free to attend and question us.
In the case of the sheriff, the commissioners were only made aware of his “deal” after it was uncovered by the media — four months after he did it.
Imagine what would happen if we allowed county offices to go rogue and freely enter into agreements with no oversight. Every row office in the county would suddenly be free to do whatever they want, wasting county resources, exposing taxpayers to lawsuits and blowing up the county’s budget. It would be chaos.
What the sheriff signed goes well beyond the standard “mutual aid” that is common, and necessary, in law enforcement, to help each other in times of emergency. And I certainly don’t dispute that agencies have a duty to preserve the peace and come to each other’s assistance. For the sheriff to dismiss my concerns as “making a mountain out of molehill” shows how out of touch he is — or perhaps, that he didn’t even read the 11-page document he signed.
Sheriff’s deputies play a vital role in the administration of justice — executing warrants, transporting prisoners and securing courtrooms. Immigration enforcement is not one of their duties.
I realize nearly everything these days has the stench of “politics.” This issue most certainly is not political. My Republican colleagues wholeheartedly agree with me. “I’ve always said that from day one the county code says the sheriff cannot sign contracts (outside of) the county commissioners,” Commissioner Sean Kertes said (“Westmoreland commissioner calls sheriff’s partnership with ICE invalid,” Feb. 12, TribLive). “I share (Kopas’ concerns) that this is an unenforceable contract,” said Commissioner Doug Chew (“Westmoreland commissioner warns sheriff’s deal with ICE could lead to ‘hellish territory’,” March 26, TribLive).
I have a sworn duty to defend the integrity of Westmoreland County government, protect our taxpayers and, of course, to follow the law. It’s a duty I take very seriously. If the sheriff truly believes in law enforcement, he should honor the laws that govern county government.
Ted Kopas, a Democrat, has served as Westmoreland County commissioner since 2023. He can be contacted at 724-830-3101 or TKopas@westmorelandcountypa.gov.