Legislation to have the city of Pittsburgh pay the legal bills of four council members who challenged a billboard was put on the back burner today after the four legislators walked out of the meeting.
Council President Doug Shields and colleagues William Peduto, Ricky Burgess and Bruce Kraus heeded an opinion from the city solicitor's office saying they should not discuss or vote on the $10,706 legal bill. In the surprise move, they left the meeting as discussion of the matter began, and returned after the vote.
The legal opinion "stated that if we should even utter a word, that we may lose our job, be removed from office, all sorts of things like that," Mr. Shields said later. "We had no intention of doing something that was maybe wrong. In the interim period, we will seek further counsel from the solicitor" and maybe get "an advisory opinion from other sources as well.
"There was no point of the members putting themselves at risk for removal from office," he said, referring to a part of the opinion that said the punishment for voting on a matter in which they have a personal stake could prompt forfeiture of their positions.
Their departure left the meeting in the hands of Councilman Jim Motznik.
"I am a bit confused about the animosity I have received from those four members," he said. Along with Councilman Patrick Dowd, he asked for the legal opinion that could have the effect of compelling the council members to find other means to pay their legal bill.
"If there are unintended consequences to that question [to the Law Department], I genuinely apologize," said Mr. Dowd. "I apologize if I caused any consternation."
The depleted council voted 3-1 against paying the bill, which has the effect of tabling the matter -- putting it aside unless a majority of council votes to bring it back for consideration. Councilwoman Tonya Payne voted to pay the bill, with Mr. Motznik, Mr. Dowd and Dan Deasy voting no. Councilwoman Darlene Harris abstained.
The bill stems from a dispute between council members and Lamar Advertising, which won a contract and permit to place a 1,200-square-foot electronic billboard on the Grant Street Transportation Center without public bids, hearings or votes. When council members filed a zoning appeal, Lamar filed a civil lawsuit suggesting that their actions could cost the firm $2 million.
Legal wrangling ended, for now, when Lamar settled with Mr. Dowd and agreed to submit a new permit application that will go before the Zoning Board of Adjustments and the Planning Commission.
After the meeting, some council members made impassioned defenses of their actions and said they have approached the American Civil Liberties Union and may contact the State Ethics Commission about the dispute.
"This legal opinion effectively tried to gag us," said Mr. Kraus. "They took away our right to speak for the people we were elected to represent."
"The voice of opposition has been slaughtered," said Mr. Peduto, blaming Lamar and the administration and suggesting they may have worked in concert. "That is the beginning of the end of democracy. . . . To me, this has gone from a violation of public process to a civil rights violation."
More details in tomorrow's Pittsburgh Post-Gazette.
