A dispute over a legal bill prompted four Pittsburgh City Council members to walk out of a meeting, allege that they're being gagged, and contact the American Civil Liberties Union and the State Ethics Commission yesterday as a fight that started over a billboard took another turn.
"The voice of opposition was slaughtered," said Councilman William Peduto, one of four council members who said a city lawyer's opinion barred them from speaking or voting on the bill. "To me, this has gone from a violation of public process to a civil rights violation."
"The concept that they are being silenced almost offends me," said Solicitor George Specter. "What this is about is the lack of a majority vote on council."
Council members never voted to hire a lawyer to challenge a permit Lamar Advertising got to put a 1,200-square-foot electronic billboard on the Grant Street Transportation Center, Downtown. But council President Doug Shields and members Ricky Burgess, Bruce Kraus and Mr. Peduto, all of whom objected to the lack of public votes and hearings on the issue, hired attorney Hugh McGough and filed a challenge.
A fifth council member, Patrick Dowd, hired different lawyers that he will pay from private funds.
Mr. Shields introduced legislation calling for the city to pay Mr. McGough's $10,706 bill, and that won tentative approval last week.
Yesterday, the four members walked out because an opinion by the Law Department, distributed Monday, found that they could "take no further action of any kind" on the bill, or they would face possible removal from office.
The opinion, written in response to a request by Mr. Dowd and Councilman Jim Motznik, categorized the bill as a personal debt of the members, and any action on it as a conflict of interest.
The depleted council voted 3-1 against paying the bill, with Councilwoman Tonya Payne voting to pay, while Mr. Motznik, Mr. Dowd and Dan Deasy voted not to. Darlene Harris abstained. Without enough votes to pass or fail, the bill is set aside until five members vote to bring it back.
"I am a bit confused about the animosity I have received from those four members," Mr. Motznik said as he ran the meeting in Mr. Shields' absence.
The four later said they hired Mr. McGough only after Mr. Specter told them the Law Department couldn't represent them, because it would have to defend city zoning administrator Susan Tymoczko, who approved the permit.
Mr. Specter confirmed that conversation. But he added that when Lamar sued the members, alleging they were conspiring to nix the $2 million sign, he offered to defend them. They declined.
Mr. Burgess said he will ask the State Ethics Commission to decide whether the members did anything wrong in hiring Mr. McGough, and to advise them on how to proceed. He also will introduce, or support, legislation to have council hire its own lawyer -- a concept that has been bandied about for years.
Mr. Peduto said his office has contacted the ACLU, reflecting his view that the legal opinion is part of "a very deliberate pattern ... to break us down and get us to walk away" from the billboard issue. The opinion cites a city charter rule that would seem to bar the four members even from "discussion" of the legal bill.
"It would not be permissible to gag the four council members, to prohibit them from discussing the bill, either publicly or in council," said Witold "Vic" Walczak, legal director of the ACLU of Pennsylvania. He is reviewing the legal opinion.
Lamar has settled the permit challenge with Mr. Dowd and agreed to submit a new permit application that will go before the Zoning Board of Adjustments and the planning commission.
First Published: May 14, 2008, 4:00 a.m.
