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It's still unclear whether nearly $41,000 in "deferred compensation" for former Mayor Jim Brewster will be released from the city's treasury.

Council last night deadlocked 3-3 over a resolution to disburse the money. Brewster has argued the money represents the difference between the paycheck he collected during seven years as mayor, and what he was actually owed under the city's Home Rule Charter.

The money was included in the 2011 budget approved by city council in December. Brewster, now a state senator, has asked the city to divide the money among 27 local charities.

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At issue is language in the charter that fixes the mayor's salary at 5 percent above the salary of the city administrator. City Administrator Dennis Pittman was paid $67,000 during Brewster's term in office, while Brewster was paid $60,000.

But opponents of the deal --- including City Controller Ray Malinchak, who frequently sparred with Brewster and Pittman --- claim that $10,000 of Pittman's salary is actually paid for his duties in the city's Community Development Department, not for serving as city administrator. That would put Pittman's "real" salary at $57,000, meaning that Brewster wouldn't be owed any back pay.

Newly appointed City Solicitor Bruce Dice last night said that argument probably doesn't add up. It doesn't matter from what line items in the budget the money was paid, he said.

"I can appreciate that people say it came from different sources," Dice said, "but the fact remains that (Pittman's) salary, that he paid taxes on, that the IRS is looking at, was $67,000."

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Two council members --- Darryl Segina and A.J. Tedesco Jr. --- also argued last night that Brewster had no authority to defer his compensation.

While serving as mayor, Brewster told reporters that he was foregoing part of his salary. And then-Council President Regis McLaughlin and then-Vice President Dale McCall wrote a memo in 2009 agreeing that Brewster was entitled to a salary 5 percent higher than Pittman's $67,000.

But that agreement was never put to a vote by city council. "He can't come back to us eight years later and say, 'I want this money I should have gotten raises on,'" Segina said.

Tedesco argued that Brewster submitted a budget each year fixing the mayor's salary at $60,000. Those budgets should supersede any other deals, he said, adding "I do not believe there was ever an agreement between this council and the former mayor to defer part of his salary."

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Tedesco and Segina asked Dice to write a letter to all members of council making a final legal ruling on whether the $40,962 should be disbursed.

Councilwoman Fawn Walker said that although she thinks Brewster was entitled to back compensation, she agreed that Dice should draft a formal legal opinion before the money is paid out.

Segina, Tedesco and Walker voted against acting on the resolution to release the back pay. One seat on council remains vacant due to the death of Councilman Richard Dellapenna.

The deadlock left Council President Michael Cherepko sounding frustrated. "This was already passed in the (2011) budget," he said. "Enough is enough. We need to get through this and make a fresh start, and start focusing on moving this city ahead."

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In Other Business: Council voted 6-0 to appoint Dice as the city's new solicitor at a retainer of $1,500 per month, plus $75 per hour.

By 5-1 vote, with Tedesco dissenting, council approved paying former City Solicitor J. Jason Elash $6,666 for his service as "special counsel" during January and February.

By 6-0 vote, council named Richard J. Dellapenna to the seat formerly held by his father. The appointment is effective July 1.

Dellapenna, an Allegheny County 911 dispatcher, is a Democratic candidate for council and placed third in a field of six candidates seeking one of four nominations. He received 1,645 votes in the May primary, according to complete but unofficial results from the Allegheny County Division of Elections.

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