Tuesday, September 02, 2003

Allegheny County's embrace of home rule -- involving the replacement of three county commissioners with a chief executive and County Council -- has gone fairly smoothly. But the rise of a new way of doing county business hasn't come without tensions that need to be ironed out.

Last week, and not for the first time, County Council found itself at odds with the county Health Department, which occupies an anomalous position that takes some understanding. Its nine-member board is appointed by the chief executive and approved by the council (because of a death, there are only eight members currently, with four appointed by Chief Executive Jim Roddey and the others being holdovers from the commissioner days.)

Although the Health Department receives county funding, the county's contribution covers less than 20 percent of the department's budget. The majority of its funding comes from fees as well as the state and federal government. Most important, the Health Department is empowered to function by state law. So it's both of the county and not of the county.

In a new era, that has led to some misunderstandings. Previously, the County Council and the Health Department had differed over penalties for merchants who sell cigarettes to minors. Last week the issue was a "bad actor policy," which is not about thespians. Under this legislation, companies that have violated their air pollution permits in the previous year would not be allowed to receive another permit for a new or expanded plant.

At the urging of residents concerned about air pollution, County Council passed the legislation 12-0. The problem is that earlier this year, a sense-of-council resolution supporting the measure was rejected by the Health Department board. A spokesman said the department felt that further regulation was unnecessary because the power already exists to deny a permit if a facility has violated a permit. Moreover, there was some concern about losing discretion in individual cases if a permit was revoked automatically.

Mr. Roddey has said he will sign the legislation this week and will send a letter to the Health Department urging the board to adopt it. (He has taken the same step on a measure to limit the time diesel-powered vehicles can park while idling.) We think that the board should not stand on its prerogatives when it meets tomorrow but oblige Mr. Roddey and County Council.

The Health Department and the county government are the Odd Couple and their relationship needs some work. The elected representatives need to respect the department's special position; in turn, the board members need to give some deference to the council members who directly represent the public -- especially so when Democrats and Republicans speak with one voice on an issue dear to the public.

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