Montco to appeal ruling against no-politics-for-staffers policy

Montgomery County's no-politics-for-staffers ethics policy has been shot down twice in its short life by courts, but the county commissioners say they want to appeal the rulings again.

A 7-0 Commonwealth Court ruling Tuesday barred commissioners from attempting to apply the controversial ethics policy passed in April 2009 to employees of other elected officials.

Although the decision upheld a ruling by Montgomery County Senior Judge William T. Nicholas that commissioners cannot make rules for employees of the sheriff, district attorney, and other independently elected officers, two of the three commissioners said they still want to have the state Supreme Court weigh in.

Their motives, however, differ.

Commissioner Joseph M. Hoeffel III, who backed the ordinance, says he remained hopeful the policy would be found legal.

As written, it would prohibit 126 county employees from running for office, doing political fund-raising, and managing campaigns. In an interview Wednesday, Hoeffel said he considered those workers employees of the same county government he presides over.

"The problem with the court's ruling is that it balkanizes the county," Hoeffel said.

Hoeffel's unlikely ally in pushing to appeal the ruling is Commissioner Bruce L. Castor Jr., who voted against the ordinance and called it a "power grab."

Castor said Wednesday he believed the Supreme Court would uphold his belief that the ethics rules Hoeffel and Commissioners Chairman James R. Matthews passed were inherently flawed. He objects to their creating rules for employees of other elected officials.

"They've become the laughingstock of Pennsylvania for thinking that they can do this," Castor said. "So that the county taxpayers don't suffer, I'll argue the case myself."

Matthews did not return a call seeking comment.