Argall bill would remove Halcovage
Sen. David Argall R-Schuylkill/Berks introduced legislation Tuesday to remove Schuylkill Commissioner George Halcovage Jr. from office.
“Almost every single state and county elected official representing Schuylkill County has now called upon Commissioner Halcovage to resign. We must take bipartisan action to address this situation. That’s why I have introduced this resolution,” Argall said in a statement.
The resolution would establish a Senate Special Committee to pursue Article VI section seven of the state constitution, which states that civil officers elected by the people shall be removed by the governor for reasonable cause, after due notice and full hearing, on the vote of two-thirds of the Senate.
Gov. Tom Wolf would then be required to remove Halcovage as commissioner if two-thirds of the Senate vote against him after an investigation by the Senate Special Committee.
The action by Argall is the latest by elected leaders to call for Halcovage’s removal from office. Reps. Jerry Knowles, R-Berks/Carbon/Schuylkill; Joe Kerwin, R-Schuylkill/Dauphin; and Tim Twardzik, R-Schuylkill, introduced House Resolution 99 in May, which was then voted on by the House Judiciary Committee in June that called for an investigation of Halcovage. That resolution calls for the start of an investigation as to “whether an impeachment or removal from office is required due to alleged misbehavior in office and violation of public trust.”
At the time, the representatives said it is “very rare for legislators to ask for an investigation of a public official, unfortunately, under the circumstances we believe it to be necessary. We have an obligation to our constituents and all of Schuylkill County to determine the facts in this case and proceed accordingly,” they said.
The committee designated the Subcommittee on the Courts to among other duties make recommendations to the Judiciary Committee and take testimony, and prepare legal documents.
A vote by the full House is expected Wednesday, the three representatives said.
Numerous county and state leaders have called for Halcovage to resign. The county solicitor’s office and human resources office investigated and determined that Halcovage violated three county policies, sexual harassment, conduct and discipline, and physical and verbal abuse. The investigation determined that if he was an employee he would be suspended and recommended he be terminated.
The county has taken steps to limit Halcovage’s access to the courthouse including taking away his identification badge and curtailing his access to the courthouse.
The restrictions were instituted after Lebanon County Senior Judge Robert Eby ruled Halcovage ordered to not “abuse, harass, stalk or threaten” two women who asked a judge for protection. The sexual violence protection order, which has other prohibitions, is effective until March 22, 2024.
The women are identified as Jane Doe 1 and Jane Doe 2. Both sides consented to the agreement without admission by Halcovage.
Legal woes
Halcovage, who has been a commissioner since 2012, has been sued in federal court by four women, all Schuylkill County employees. They are not identified by name but are listed as Jane Doe 1, Jane Doe 2, Jane Doe 3 and Jane Doe 4.
In March, the women sued Halcovage for his alleged sexual harassment. An amended complaint was filed Oct. 29 that lists employment actions that took place after the first lawsuit.
Defendants are listed as Human Resources Director Heidi Zula and former interim director Doreen Kutzler, Halcovage, First Assistant Solicitor Glenn Roth and County Administrator Gary Bender.
The amended filing is the result of “the unlawful discrimination, hostile work environment, intimidation and retaliation by defendants against plaintiffs based on their sex and gender and in retaliation for plaintiff’s continued opposition to the unlawful comments and conduct of the defendants,” the document states.
Punitive damages and a jury trial are demanded.
The Equal Opportunity Employment Commission also issued two rulings involving the county and the four women involved in the lawsuit.
The first issued Sept. 30 said there is “reasonable cause” to believe the county subjected the women to “sexual harassment and created a hostile work environment based on their sex and retaliation, and failed to institute proper policies and procedures to ensure that the harassment and retaliation ceased.”
It also says the county should have known of Halcovage’s conduct. Another letter says the county was wrong when it restructured the tax assessment office.
The roles of the two women involved in the lawsuit were changed and their pay reduced. The EEOC said the action taken was retaliation for the lawsuit.
Howard Merrick, chairman of the Schuylkill County Republican Committee, said Halcovage should think about how his actions are affecting the county.
“It’s important for his benefit, his family’s benefit and all of Schuylkill County. It’s time for him to resign,” Merrick said.
This is not the first time Merrick has called for Halcovage’s resignation. He said Halcovage can defend himself but should look at the bigger picture if he is “impeding the work of the county.”
“Is he hurting Schuylkill County?” he said.