Yet another lawsuit has been filed in the 10-month saga over who is the mayor of Carnegie, and residents are growing tired of the continuing controversy.
The latest suit was filed last Thursday by mayor Emmett Freshwater seeking reconsideration and clarification of a July 28 order from Allegheny County Common Pleas Judge Robert Colville.
It's an issue Deputy Solicitor Joseph Lucas also believes it is necessary to clarify, since Mr. Freshwater assumed the office because of a preliminary injunction issued in April.
Judge Colville overruled former Councilman Tom Snyder's preliminary objections to the appointment of Mr. Freshwater as mayor and dismissed the April complaint filed by plaintiffs Mr. Freshwater; his sister, Councilwoman Vera Freshwater; and Councilman Fred Carini in which Mr. Freshwater had sought to recover salary as mayor back to Dec. 3 and $2,500 in legal fees, plus $3,000 for the three officials' attorney, Joseph Luvara.
Though Council is sitting tight at this point until the courts make a final ruling, residents are tiring of the controversy, which is dividing the six-member board in a 4-2 split, and taking time away from other matters.
A tearful Rev. Andrew Clark, of Adventist Community Services, begged officials to cease the in-fighting.
"I'm sick of this, guys. I feel like, right now, Emmett Freshwater is our mayor," he said, adding that Mr. Freshwater should drop all of his lawsuits and fulfill his promise to stop any bickering on council.
The pastor went on to say he would donate $2,500 -- part of the amount Mr. Freshwater is seeking from the borough for legal expenses -- to the Carnegie Fire and Rescue Bureau in his name.
Not everyone agreed with Pastor Clark.
"I think the real mayor of Carnegie should be sitting at the [Council] table, not the pretend one," said Robert Chidlow, of Gormley Avenue.
"He is," retorted council member Vera Freshwater, who is Mr. Freshwater's sister.
That led Blair Clover, of Irishtown, to demand, "We want to know who is the mayor."
The other mayoral contender is Mr. Snyder, who did not seek re-election, but who, in accordance with the Borough Code, had been serving as acting mayor after former Mayor Jim Pascoe resigned in October. He later was appointed mayor by a 4-2 council vote in March, but that was overturned by the courts.
Mr. Lucas explained that officials are faced with a lawsuit "that may have had merit in the beginning" but has become mired in confusion, in part because of a Dec. 3 stay ordered by Allegheny County Common Pleas Court Judge Christine A. Ward on behalf of Mr. Pascoe.
Officials did not know the stay had been issued when they convened a Vacancy Board meeting within hours of the ruling and appointed Mr. Freshwater.
In March, Judge Judith L. A. Friedman ruled that Mr. Pascoe's resignation took effect the day he submitted it in October.
"That left us in a quandary as to who the mayor should be," Mr. Lucas said Monday, reiterating that April's injunction was preliminary. It also was based on a technicality related to the purchase of a very nominal bond.
Residents also have questioned whether the Dec. 3 Vacancy Board meeting was legal because it was not advertised as a voting meeting. They've also wondered whether Ms. Freshwater had the right to vote for her brother at that session.
Mr. Lucas explained that Ms. Freshwater was allowed to vote at the Vacancy Board meeting because her presence completed a quorum. Former member Larry Harkovich was absent that night and Mr. Snyder, who was present, could not vote because he was acting as mayor.
Monday's meeting ended with Council President Bob Kollar calling for Mr. Freshwater's help in moving forward. However, it was a resident who got in the last word.
"Those two people who just left [Ms. Freshwater and Councilman Fred Carini] are holding you back," Jackie Weitzel said.