Commissioner calls sheriff’s partnership with ICE invalid

James Albert signed an agreement with ICE in September to allow his deputies to serve as backup.

By RICH CHOLODOFSKY
TribLive

An agreement signed last year by Sheriff James Albert that allows his deputies to cooperate with U.S. Immigration and Customs Enforcement is invalid and cannot be enforced, a Westmoreland County commissioner said Thursday.

“Did the sheriff have the authority to do this unilaterally? The (answer) is unequivocally no. He did not,” Commissioner Ted Kopas said. “There was never any consultation as far as I know with any of us on this board. In county government, the only contracting authority is the board of county commissioners. In my view, in consultation with our legal folks, this agreement does not exist.”

Albert last September signed an agreement with ICE to allow his deputies to serve as backup during local operations.

Nearly two dozen speakers asked commissioners during the comment period of Thursday’s public meeting to rescind that agreement.

A legal memorandum prepared by the county’s law department and obtained by TribLive said the ICE agreement commits the sheriff’s office to perform duties that are not prescribed under state law.

“The exclusive authority to enter into such agreements rests with the board of commissioners. Otherwise, the agreements are unenforceable. Should the DHS (Department of Homeland Security) desire to engage in dialog to possibly utilize county personnel for immigration related services, such inquiries should be made to the county commissioners for consideration so that a comprehensive costs/risk analysis may be undertaken,” the memo states.

Commissioners Sean Kertes and Doug Chew have yet to agree to send Albert that memorandum.

Kertes reiterated previous comments in which he supported the sheriff’s department having limited participation with major ICE operations if needed, but suggested that scenario was unlikely to occur in Westmoreland County.

He said Albert should direct his deputies to perform prescribed duties that include transportation of jail inmates, courtroom security and serving arrest warrants.

“I’ve always said that from day one the county code says the sheriff cannot sign contracts (outside of) the county commissioners,” Kertes said.

Chew said he has yet to review the legal department’s proposed memorandum but suggested commissioners have few means to stop the sheriff from working with ICE.

“I think it’s important to realize that whether or not he has a signed (ICE agreement) it does not stop him from agreeing to a phone call to work with ICE. We can’t prevent what the sheriff is going to do. So, if ICE calls him tomorrow and says ‘assist us,’ that’s one law enforcement agency asking another law enforcement for assistance for certain things,” Chew said.

Albert was in the courthouse Thursday but did not attend the commissioners meeting. During an interview after the meeting, Albert said his department’s agreement with ICE was limited to providing security for federal agents.

“If ICE comes to Westmoreland County and conducts an operation and some criminal activity occurs against ICE agents, we would assist them,” Albert said. “Our assistance would be limited to protect ICE if they are under attack like we would any law enforcement agency.”

Much of the hourlong public comment period included speakers who urged commissioners to take formal action to rescind the sheriff’s agreement with ICE.

“His actions violated public trust, bypassed the authority of the commissioners and disregarded the interests of county residents,” said Michael Pardus of Penn Township.

Taylor Stuart of Greensburg told commissioners that Albert’s agreement with ICE alters how local law enforcement operates and should be terminated.

“If this agreement affects county liability, staffing, budgeting, operational police, then commissioners have a fiduciary responsibility to examine that. Silence is not neutrality. Silence is consent,” Stuart said.