Category: News || By

After a month of having two city solicitors, McKeesport apparently now has none.

A compromise arrangement where two attorneys --- one appointed by Mayor Regis McLaughlin, the other by a majority of council --- would have shared duties and fees fell apart on Wednesday night after McLaughlin said he'd never agreed to the deal.

"I never once talked to you about this," McLaughlin told Council President Michael Cherepko, who is challenging him in the May Democratic primary.

With that, Cherepko and three other council members voted to withdraw the proposal, which leaves the city without official legal representation, at least until the next council meeting.

. . .

"I have to be honest --- I am extremely disappointed at what has developed," Cherepko said. "I thought we had worked things out. I think it's getting ridiculous."

The incident is the latest battle in a political tussle that began in December, when McLaughlin told former City Solicitor J. Jason Elash that he was being terminated. Elash, Cherepko and others have argued the termination was not done properly and never ratified by council. McLaughlin has said the city's home-rule charter gives the mayor sole hiring and firing authority over the solicitor.

The mayor asked for the appointment of the Pittsburgh law firm of Ira Weiss as the city's legal representation, with McKeesport attorney Bert Moldovan as its local counsel, at a retainer of $5,000 per month. Four members of council, including Cherepko, then moved to name Elash as "special counsel" at a retainer of $3,333 per month.

But a truce was brokered at the Jan. 5 council meeting, when Cherepko and McLaughlin seemingly agreed to have Elash, Weiss and Moldovan meet and broker a compromise where the two attorneys would collaborate on the city's legal matters.

. . .

On Wednesday night, McLaughlin said Cherepko's interpretation of that agreement was not correct. The attorneys "may have sat down and negotiated, but I wasn't involved," the mayor said.

Cherepko noted that the minutes of January's council meeting --- approved by all seven members of council on Wednesday night --- indicated that the mayor had given his consent to those negotiations. "If that's what it says, that's what it says, but I didn't agree to it," McLaughlin said.

Although Moldovan wasn't present at Wednesday's meeting, Elash said he "was told we had an agreement with the mayor and that I was negotiating on behalf of four council members."

The charter allows the mayor to make a one-time-only "emergency appointment" of a city solicitor for 30 days. McLaughlin appointed Weiss' firm on Jan. 1, but the 30 days have now expired.

. . .

In theory, according to Cherepko, the city could ask Elash for legal advice, since council never officially approved his removal. But the city will be unable to pay Elash for his work without a signed contract voted on by city council, City Administrator Dennis Pittman said Wednesday night.

Elash submitted a bill for work performed during January, but Pittman said he was not legally able to sign the check.

And any attempts by Elash to provide legal advice are likely to be challenged by McLaughlin and the three other council members, including Councilman Darryl Segina, who is also seeking the Democratic nomination. Twice on Wednesday night, Elash attempted to provide a legal opinion, only to be told to "be quiet" by Segina and McLaughlin.

. . .

Segina, Councilman A.J. Tedesco Jr., and City Controller Ray Malinchak all questioned whether Cherepko had done enough to find a lower-cost solution to the city's legal representation. Like Segina, Tedesco and Malinchak are also running for the Democratic nomination for mayor.

Tedesco said he had talked to three surrounding municipalities --- he did not identify them --- and found that they were paying their solicitors retainers of between $500 and $1,000 per month.

Malinchak suggested the city follow Monroeville's model. According to Malinchak, that municipality pays its solicitor a flat annual fee of $210,000. But Pittman, who serves on a committee with several officials from Monroeville, said that fee does not include other expenses incurred outside of routine city legal matters.

. . .

Segina said that a report issued last year by a group of municipal consultants showed that McKeesport's legal expenses had "significantly increased" after 2004 --- in other words, after Elash was appointed solicitor.

"We balanced our budget this year by drawing down on our reserve fund," Segina said. "When that reserve is gone, there's nowhere else to go. We have no more assets left to sell except for the Palisades and the marina. We also have people still on layoff, and our wading pool has not been open for three years."

At that, Cherepko gavelled down Segina. "Now is not the time for a political speech," he said.

Council's next regularly scheduled meeting is at 7 p.m. March 2.

You are previewing your comment. Be sure to click on 'Post Comment' to store it.