Photo from April 13, 2021: Lycoming Commissioners Rick Mirabito, Scott Metzger, Tony Mussare, Administrative Manager Lycoming County Commissioners, Eileen Ebner and Lycoming County Controller, Krista Rogers.
Todd Bartley, TalkWilliamsport.com
News@TalkWilliamsport.com
On Friday afternoon Krista Rogers, Lycoming County Controller through her legal counsel filed a lawsuit against the Lycoming County Commissioners in order to return function and authority of County fiscal operations to her office.
The following is the press release from Krista Rogers, Lycoming County Controller outlining the case.
“In April 2021, the Lycoming County Commissioners illegally transferred four positions out of the Controller’s office moving them into their office of Budget and Finance.
In doing so, the Commissioners unilaterally transferred the duties of the County Controller enumerated in Pennsylvania law to their own office of Budget and Finance eliminating Lycoming County taxpayers independent fiscal oversight of their spending by the elected Controller.
Adding further insult to the taxpayers, the Commissioners filed a lawsuit and an emergency injunction, and contempt charges, against the Controller for refusing to honor the Commissioners unlawful transactions.
The case was assigned to Sr. Judge Leete and after several evidentiary hearings, and briefs of law filed on both sides, the judge ruled against the Commissioners on all counts.
The Commissioners legal interpretation of Pennsylvania law is an absolute overreach for power, without merit. Lycoming County taxpayers are left with no checks and balances allowing the Commissioners to create a financial system ripe for fraud, theft, and misuse of county tax dollars.
Despite losing in Court, the Commissioners have yet to return payroll, accounts payable and reporting positions to the Controller’s office –WHERETHEY BELONG.
“After repeated attempts made by me and by my attorneys, and after exhausting all my administrative remedies, I have no choice but to file this lawsuit to return the positions and duties to my office”, Rogers said.
Without these critical positions, the Controller is unable to fully perform the fiscal oversight role required of a County Controller i.e., to review, scrutinize, approve, and report on County spending and fiscal transactions on behalf of County taxpayers.
Rogers said, “as of today the Department of Community and Economic Development (DCED) report, a major state financial reporting requirement, has not been filed for 2020 (original due date 7/1/2021), major mistakes have been made on accounts payable and payroll and most financial transactions are being processed unlawfully, and with without my approval”.
The Commissioners actions illegally eliminate a critical separation of county powers that the Pennsylvania legislature wrote into the law outlining the authority and responsibilities of Pennsylvania County Controllers. This separation of powers was put in place to protect the taxpayers of this county.
“I cannot stand by and allow the Commissioners to eliminate checks and balances –fiscal oversight -in Lycoming County government. I am doing everything I can to restore Lycoming County fiscal independent oversight according to Pennsylvania law.” Krista Rogers, Lycoming County Controller stated.Krista Rogers, Controller”
The case as it was filed this afternoon with the Lycoming County Prothonotary is provided in its entirety here 12-10-2021 court filing.
At this writing, there is an opening for an accountant (open since July 2021) and a financial technician (open since early April 2021), both positions are in the Office of Budget and Finance.
This is an exclusive, developing story on TalkWilliamsport.com.
