Judge Dismisses Westmoreland Sheriff's GPS Tracking Lawsuit

A judge in Westmoreland County dismissed a lawsuit on Monday that sought to invalidate the county's policy requiring GPS tracking devices on fleet vehicles. The ruling ends the active legal battle but extends a stay that prevents the county from enforcing the tracking requirement while officials negotiate a final resolution.

Common Pleas Court Judge Harry Smail Jr. ruled the case moot following the commissioners' approval of a revised policy in late October. Sheriff James Albert called the decision a partial win in the comments he made after the hearing. The two-year dispute over the fleet ordinance may continue despite the dismissal.

The revised policy was approved by commissioners at a public meeting on October 22. It includes a new paragraph stating that the provisions do not limit elected officials or judges from overseeing their offices. This change was a direct response to the sheriff's concerns about his authority.

Attorney Marco Sylvania represented the sheriff's office in the lawsuit. He agreed that the revised policy was an improvement because it clarified elected officials' oversight. However, Sylvania stated that the policy still fails to address Albert's concern that vehicle tracking could endanger deputies. He noted that the new policy could be challenged in another lawsuit.

"We need to change this policy. There should be a separate policy for the sheriff's office," Sylvania said. The sheriff had originally sued to invalidate the 2024 policy after commissioners refused to grant a waiver for his office. Albert argued that the policy usurped his ability to manage his office independently.

Albert also claimed the tracking requirement put his deputies at risk in the field. He suggested the policy gave commissioners the power to suspend or fire deputies for conduct in county vehicles. He further contended that the GPS devices were at risk of being hacked.

Commissioner Sean Kertes declared the ruling a win for the county. "We don't want to curtail the elected officials authority," Kertes said. He added that the goal of the policy is to protect the county's assets. "If something happens to these vehicles, I want to know who was driving and what took place," Kertes said.

Dante DeCario, the county's Public Works Director, testified that the revised policy has not yet been implemented. Commissioners have not formally signed the new policy, and it has not been distributed among county staff. The county currently leases about 190 vehicles used by employees in multiple departments.

Department heads, including the sheriff, can again request a waiver to be exempt from the tracking provisions. Commissioner Doug Chew said the vote on the amended policy was in direct response to the sheriff's concerns. "I am still willing to meet and discuss this, but he needs to be in the room," Chew said.

Commissioner Ted Kopas expressed hope that the judge's ruling concludes the legal dispute. "I am hopeful he (Albert) sees fit to end this and start to show some accountability to taxpayers we all swore to service," Kopas said. He maintained that the policy is the right one for the county.