Staff rebuts Register of Wills' work claims, contends office improving but still plagued by backlogs

Westmoreland County Register of Wills employees described a courthouse office in disarray and neglected by its elected office holder, Republican Sherry Magretti Hamilton, during Wednesday’s resumption of a contempt of court hearing.

During the daylong hearing, Rachael Lute, a clerk in the Register of Wills Office, said, between 2016 and 2023, Hamilton came to work at the courthouse about nine hours a week.

“On average, it was a few days a week, and not full days,” Lute testified.

The hearing could result in a fine or a potential jail sentence for Hamilton, who oversees office functions.

Two county judges are considering evidence Hamilton, who last fall was elected to her third term, violated two administrative court orders. One order was issued in late 2022 by Judge Jim Silvis and a second in January from Judge Harry Smail Jr. that required her office clear case backlogs and meet specific deadlines to file adoption records and process appeals.

The office processes adoption records, estates, guardianships and marriage licenses.

Rona Beluschok, the Register of Wills chief deputy, concurred with Lute that, over the past several years, Hamilton was an infrequent presence in the courthouse.

Hamilton, at an earlier hearing, conceded she spent months off the job throughout the second half of last year because of health issues but otherwise contended she regularly came to work at the courthouse, where she worked on average between 20 and 30 hours each week.

Hamilton earns an annual salary of $89,774. She, along with all of the county’s elected officials, received 3.5% raises this year. And, since 2022, her pay has increased more than 17%.

By ordinance, the Westmoreland County commissioners and row officers such as Hamilton receive guaranteed raises based on increases in the Consumer Price Index set by the U.S. Department of Labor.

Beluschok, under questioning from Smail, said Hamilton’s estimate of her time at the office was incorrect.

“It varied week to week, and I did not keep track of her schedule,” Beluschok testified. “There were many weeks where she came in just three days, and they were three half-days. They were not usually full stays.”

A contempt of court finding could result in imposition of a fine or potentially a jail sentence for Hamilton. The judges could also appoint a conservator to oversee the office.

The judges said they will issue a ruling at a later date.

Backlog explanations

Hamilton testified last month the backlogs that have for years plagued her office had been cleared, and shortstaffing concerns she blamed for the operational deficits were corrected.

Lute, who has worked as an office clerk since 2015, told the judges filing backlogs remain.

She testified employees continue to struggle to meet filing demands while working to train new staffers and tend to customers in the office.

“Some areas have been addressed. Others have not,” Lute testified. She later told the judges work in the office has become overwhelming while new staffers are being integrated as efforts continue to correct filing backlogs that prompted court intervention.

Lute and Beluschok told the judges Hamilton has had little involvement in the day-to-day operations of the office and did not train staff or engage with the public as they conducted business in the office.

Hamilton served as the final decision-maker who attempted, but failed, to increase staff size that, since 2020, had been depleted by resignations and retirements.

Beluschok, who since 2016 has served as Hamilton’s office manager, testified the office functioned with as few as four staffers throughout much of 2022. When fully staffed, the office has 13 employees, she said.

Beluschok last October was granted authority to fill out the staff. Since then, six new employees have been hired, she said.

Problematic for years

Filing concerns and delays in processing adoption certifications and appeals of court orders terminating parental rights have been problematic for years, according to Westmoreland County Children’s Bureau Executive Director Shara Saveikis.

Saveikis told the judges she had convened multiple meetings with Hamilton since 2018 and exchanged more than 90 emails asking her to address concerns over filing delays. Hamilton, she said, was receptive to making improvements, but ultimately no changes were implemented and the issues continued.

Hamilton rejected offers to have a children’s bureau staffer assigned to assist the Register of Wills Office in completing the processing of adoption records, Saveikis testified.

“It was frustrating,” Saveikis said. “We kept having the same discussions, and she would not agree to a solution.”

Attorney Wes Long, representing the Register of Wills Office, said staff was not to blame for the office’s deficiencies.

“The staff did the best they could to try to keep up. It was an overbearing work load,” Long said.

Ryan Mergl, Hamilton’s private attorney, argued evidence does not support a contempt of court finding.

Mergl argued Hamilton’s oversight did not constitute misconduct. He denied there was wrongful intent or willful disobeying of court orders and contends there were no disruptions in the operation of court functions.

“At the end of the day, my client and staff testified they were trying their best,” Mergl said. “They are doing their best and not purposely disobeying orders.”