Democrats on Allegheny County Council yesterday said they plan to countersue former county Chief Executive Jim Roddey, claiming he filed a frivolous lawsuit against them.

Mr. Roddey, the county Republican chairman, filed a lawsuit two weeks ago against all 11 Democrats on council, alleging that they violated Pennsylvania's open meetings law, commonly known as the Sunshine Act, in a private meeting on July 8.

Republican Councilman Chuck McCullough said yesterday he believes Mr. Roddey's case is "dead in the water."

"I understand the lawyer in [Mr. Roddey's] suit has quit the case," he said.

After Mr. McCullough's comment, council Solicitor Jack Cambest advised the Democrats to go ahead with plans to sue Mr. Roddey for bringing a frivolous lawsuit.

"I think Mr. Roddey may have a huge problem if his lawsuit is indeed dead in the water," Mr. Cambest said, advising the Democrats that the Sunshine Act has provisions for a counter-claim.

Mr. Roddey yesterday insisted his case is going forward.

"We have an attorney," he said, adding that "[Councilman McCullough's] actions have gone from strange to bizarre in the last few weeks."

Until yesterday, Mr. McCullough, a practicing attorney, planned to defend Councilman James Ellenbogen, a Democrat, in the suit filed by Mr. Roddey. But Mr. Ellenbogen, D-Banksville, yesterday announced he is changing attorneys to avoid a potential conflict of interest.

He announced that he hired Pittsburgh attorney Charles Fidel, a Democrat, to represent him in the suit.

The other 10 Democrats on council will be represented by Mr. Cambest.