The state Ethics Commission and the city Ethics Hearing Board will not review Pittsburgh Mayor Luke Ravenstahl's nomination of his brother to the Allegheny County Sanitary Authority board, despite requests sent by local officials.

Mayor Ravenstahl nominated his brother, newly elected state Rep. Adam Ravenstahl, to the Alcosan board on May 19, the day after his brother won the special election to the 20th District state House seat, which includes the North Side.

On May 28, Councilman Bill Peduto sent a letter to Sister Patrice Hughes, chairwoman of the city ethics board, asking the panel to "investigate this nomination" and determine its legitimacy.

The board will not consider the legitimacy of a nomination unless it receives a formal complaint or a request from the person making the nomination, in this case Mayor Ravenstahl, Sister Hughes said. She said the board is acting according to the city code.

Mr. Peduto said in a statement Thursday that the board doesn't need a formal complaint to provide an opinion. In addition to the powers of investigation through complaints, the city code gives the Ethics Hearing Board the power to "give advice as to application of the city provisions," he said.

Mr. Peduto said that he will decide how to proceed after reviewing a letter sent from the board explaining its decision. He has voiced concerns about the nomination because the city code says no direct family member of a public official can be appointed to a position "which is under the direct jurisdiction or control of the public official." Only the Ethics Hearing Board can waive that ban.

Board members have not discussed the nomination, Sister Hughes said. "What we determined was that it is a question of proper procedure in regard to requesting information," she said.

A letter sent to the state Ethics Commission by Councilman Doug Shields received a similar response. Mr. Shields sent the state commission a letter, also on May 28, requesting an advisory opinion on Adam Ravenstahl's nomination to the Alcosan board.

Mr. Shields told the state Ethics Commission that the mayor exercises control of Alcosan through the appointment of multiple board members and through contracts with the authority.

"It is disingenuous to suggest that the city of Pittsburgh has no 'control' or influence on the Alcosan board," Mr. Shields said in the letter. "Therefore, I respectfully request that the state Ethics Commission render an advisory opinion in this matter."

The state Ethics Commission has received Mr. Shields' letter, but it will not be processed due to procedural issues, a spokeswoman said. A complaint can be filed to the state Ethics Commission, and the forms are available on its website. Mr. Shields could not be reached for comment Thursday.

Questions about the mayor's appointment of his brother were referred to city solicitor Daniel Regan, who maintains that the appointment does not violate any state or local statute. Mr. Regan noted that the reaction to the letters by the city board and the state commission was consistent.

Adam Ravenstahl could not be reached for comment.

According to the city clerk's office, a City Council vote on the nomination cannot be taken until an interview with Adam Ravenstahl is held. That interview has not yet been scheduled. Nominees normally are interviewed the week after council gets their names, and a vote occurs the week after that.

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