Photo: Lycoming County Commissioners (L-R) Rick Mirabito, Scott Metzger, Tony Mussare and
Lycoming County Controller Krista Rogers.
Todd Bartley, TalkWilliamsport.com
News@TalkWilliamsport.com
Friday morning, Lycoming County Controller, Krista B. Rogers issued a press release urging the Lycoming County Commissioners to “drop this frivolous appeal and get out of the way so I can do my job, for you.”
Lycoming County Commissioners recently decided 2-1 to pursue an appeal of their latest defeat in this ongoing power struggle for the fiscal watchdog responsibility in Lycoming County.
In a recent public meeting, the Lycoming County Commissioners claimed the entire battle was kicked off due to Rogers “threat” to pull her signature from checks thus shutting down County government.
As Judge Leete eloquently explained in his OPINION and ORDER, the “threat” had to be followed though upon for actual damages to have occurred.
Even if Rogers had followed through on the “threat” of pulling her signature, according to recently filed court documents on behalf of Lycoming County she may have an “immunity” claim anyway.
From the Motion to Dismiss in the John Doe #1 Federal Lawsuit verses multiple Defendants, “AND NOW comes the Defendant, Lycoming County (“the County”) by and through its counsel, Lavery Law, Frank J. Lavery, Jr., Esquire and Andrew W. Norfleet, Esquire. “…the County has immunity from Plaintiff’s state law claims under the Pennsylvania Tort Claims Act.”
“81. Viewing the factual allegations in a light most favorable to Plaintiff, he failed to plausibly plead a claim for “civil conspiracy” against the County because, if Defendant Weber was an employee of the County, the County cannot be liable for an alleged unlawful act under §1983 secondary under a theory of respondeat superior.”
According to legal-dictionary.thefreedictionary.com, the definition of respondeat superior is as follows:
“It provides a better chance for an injured party to actually recover damages, because under respondeat superior the employer is liable for the injuries caused by an employee who is working within the scope of his employment relationship. The legal relationship between an employer and an employee is called agency. The employer is called the principal when engaging someone to act for him. The person who does the work for the employer is called the agent. The theory behind respondeat superior is that the principal controls the agent’s behavior and must then assume some responsibility for the agent’s actions.”
As a duly elected official Rogers draws a paycheck from Lycoming County.
However, is she an “employee” as the Lycoming County Commissioners continue to treat her?
If in fact, they treat her as an “employee” would she then not be entitled to the same “immunity” as former Lycoming County Detective Willie Weber?
Furthermore, as the Lycoming County Commissioners have made abundantly clear in their pounding on tables in public meetings claiming “she (Rogers) knows who holds the power, it’s in the County Code”; followed with “we are ultimately responsible.”
So, if the Lycoming County Commissioners continue to file appeals in the Rogers case; does that open them up further for additional damages in the John Doe #1 Federal lawsuit verses multiple Defendants including former Lycoming County Detective Willie Weber?
Or, do the Lycoming County Commissioners who claim they are “ultimately responsible”; only believe immunity is selective for folks like Weber and not Rogers?
On background, Lycoming County Commissioner Scott Metzger served as a Little League World Series team host (Uncle) this past August, along with former Lycoming County Detective Willie Weber.
Weber retired the same day the Office of Attorney General Search Warrant Affidavits were unsealed in the 2018 WAHS/Myrtle Beach criminal sexual misconduct case which is the genesis of the John Doe #1 Federal lawsuit verses multiple Defendants including Weber.
The entire Rogers Press Release is provided below.
Controller’s Office
48 WEST THIRD STREET
WILLIAMSPORT, PA 17701
TELEPHONE: (570) 327-2295
FAX: (570) 327-2446
Krista B. Rogers
Controller
Nicki S. Gottschall
Deputy Controller
Rudolph Clarke, LLC
Solicitor
PRESS RELEASE
Williamsport, PA— 12/16/2022 — “The County Commissioners are wasting taxpayer dollars.”
“Why don’t the Commissioners let you do your job?”
“What are the Commissioners afraid of?”
That is what I have heard from you, the taxpayers of Lycoming County, during the last few years of this litigation with the Commissioners. I would smile, nod, and say, “I agree,” or “That is something you will really have to ask them,” and “All I know for sure is they are simply not following the law.”
Now, after the Commissioners have lost in Court for a third time, we all know that the Commissioners were not following the law.
As the Senior Judge stated “they usurped the Controller’s staff and functions.”
However, I see that the Commissioners have still not learned their lesson. Worse yet, they have emotionally lashed out in the media and during the County meeting like petulant children, misrepresenting the litigation, the state of the County fiscal records and of course, attacking me personally.
Now the Commissioners have vowed to waste more taxpayers’ money so they can lose again, this time in the Appeals Court. I wish I could say I was surprised. However, the record must be set straight and it is way past time for this silliness to end.
Let me state these four (4) facts clearly:
1. The Commissioners have lost three times, and will lose yet again in their frivolous Appeal. As pointed out by the Senior Judge, they are ignoring what is clear in the law. The County Controller is the duly elected fiscal watchdog, period, end of story. They have wasted tens of thousands of dollars ignoring the law, and their bruised egos are now prepared to waste thousands more taxpayer dollars.
2. After years of the Commissioners’ illegitimately seized control, the County fiscal records are sadly in shambles. Staff is leaving left and right, and the Commissioners have fallen behind years in their legal reporting responsibilities, putting County finances at grave risk. Once my staff and functions are inevitably returned to my Office, as the Senior Judge ordered, it is going to take my office many months and thousands and thousands more of your hard earned dollars to right this ship. It must happen now.
3. The Commissioners must drop this frivolous appeal now, stop wasting taxpayers’ money and putting the County finances in further jeopardy. As the Senior Judge emphatically stated in his Opinion and Order, “the Commissioners lack the
legal authority to usurp the functions and staff of the Controller; we now also know that they lack the ability to perform those functions correctly.” My office and I must fix the County fiscal records right now.
4. Finally, I can take the personal attacks from the Commissioners; I am used to it by now. However, in the December 8th County meeting, the Commissioners histrionic attacks on the Senior Judge, the law, and me were patently false and they know it.
The Commissioners knew all too well that I was not present at the County meeting because I was mourning my daughter, whose 30th birthday would have been that day, had she not tragically passed away less than one month before. For the Commissioners to personally bash my family and me on that day is reprehensible. However, what they do not realize is this: their emotional response to the Senior Judge’s well-reasoned and straightforward Order makes it clear that they know they are wrong. I have known it all along and I hope you, the taxpayers of Lycoming County know it now as well.
Thank you for the support, the words of encouragement and the privilege to serve as the County’s fiscal watchdog all these years. I will continue to do what I swore to do, follow the law and safeguard your hard-earned taxpayer dollars.
Please join me in urging the County Commissioners to do the same, to drop this frivolous appeal and get out of the way so I can do my job, for you.
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Krista Rogers, Controller, 570-327-2300 or krogers@lyco.or
This is a developing story on TalkWilliamsport.com.
Previous Reporting:
https://talkwilliamsport.com/lcc-respond-to-recent-court-loss-with-defiant-statement/
https://talkwilliamsport.com/caught-in-the-middle/
