Westmoreland commissioner says sheriff 'derelict' for refusing to transport sick inmates

Jul. 19—Westmoreland Commissioner Doug Chew on Monday accused Sheriff James Albert of ignoring a court order that officials say requires his deputies to take sick inmates to and from the county jail.

"The sheriff is derelict in his duties," said Chew, chairman of the Westmoreland County Prison Board.

Chew's comments came after the board — which includes Albert, all three county commissioners, District Attorney John Peck and Controller Jeff Balzer — voted unanimously to direct the county solicitor to investigate and review all court actions pertaining to operations at the county prison. The move came in response to an ongoing dispute about how inmates are taken to local hospitals and other medical facilities.

Commissioners claim Albert in recent months refused to follow an order signed July 16, 2020, by President Judge Rita Hathaway. According to that order, the judge directed the sheriff's office to take inmates to all medical treatments, appointments and testing outside of the jail as determined by the facility's private medical provider.

The judge's order came last summer after county commissioners challenged the sheriff's department's decision to halt inmate transfers. The issue resurfaced after Albert this spring again halted inmate transfers.

Albert said Monday he did so to protect his deputies and inmates.

"My guys aren't medically trained," Albert said.

The sheriff insisted ambulances should be used to move inmates who need medical attention outside of the jail. The county's $2.5 million contract with Wexford Health Sources calls for the company to provide medical care for inmates in the lockup and pay the transportation costs, he said.

Inmates are guarded when they receive medical attention outside of the jail, but commissioners on Monday said security issues prevent them from disclosing additional details.

The prison board met for more than an hour behind closed doors to discuss the dispute, and when members emerged back into public session, Albert did not immediately comment on the issue. He later defended his decision, saying he would resume the inmate transports but would ask the judge to rescind the court order.

Albert also responded to Chew's comment.

"I'll have to look up the word derelict now to see to whom it really applies," Albert said.

Commissioners said Albert's refusal to transport inmates over the past several months has resulted in additional expenses incurred from ambulance rides as well as security concerns. Commissioners and Warden Bryan Kline did not disclose the specific costs.

"We just want to make sure the court order is enforced," Commissioner Sean Kertes said.

Commissioners, though, threatened Albert with cuts to the sheriff's department's next budget should he continue to withhold transportation services.

"The last thing we want to do is take away union positions from the sheriff's department. But if it doesn't fully meet all its requirements, we will have to cut the budget," Commissioner Gina Cerilli Thrasher said.

The ongoing dispute and use of ambulances rather than sheriff's deputies was criticized Monday by the union that represents jail guards.

"We don't like the way they are doing it right now," said Scott Kennedy, president of the United Mine Workers of America Local 522. "It's not safe."

The issue of how inmate hospital visits are handled has been a decades-long conflict between commissioners and the sheriff's department, which is generally responsible for taking inmates to court hearings and other correctional facilities. Albert contends the court order Hathaway signed last summer was done so at the commissioners' request, without a hearing, and came in response to the county's faulty legal interpretation of another court ruling that was made about 20 years prior, which pertained to constables.

He insisted safety of his deputies was the primary reason for halting the transports.

"We will follow the court order and go before Judge Hathaway to make our case," Albert said. "The sheriffs will follow any court orders, but I have a right to object to it."

Rich Cholodofsky is a Tribune-Review staff writer. You can contact Rich at 724-830-6293, rcholodofsky@triblive.com or via Twitter .