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McKeesport Council hires lawyer for second opinion
Wednesday, January 16, 2002 By Jonathan Barnes
You can't have too many lawyers" isn't likely to become an adage any time soon among municipalities, but McKeesport council believes it needs a second legal opinion.
That body appointed lawyer John Jason Elash last week to an advisory position for a monthly retainer of $1,000. He will receive $125 per hour for any work needed beyond that covered by the retainer.
His $12,000 in retainer fees were taken from Solicitor Falco Muscante's $42,000 yearly retainer as part of several amendments council made to the city's 2002 budget.
Council also approved requiring both lawyers to obtain council's advance approval for any services that would result in fees beyond their retainers.
Councilman Regis McLaughlin said the city's Civil Service Commission is being taken to court, and Muscante should not be paid any money for that case "because it's a personal vendetta."
Council President James Brewster asked Muscante if the work he is doing on the case is in addition to that covered by his retainer. Muscante said it was beyond his $42,000 yearly retainer.
Brewster noted that the city spent $92,000 on legal fees in 2000 and $95,000 in 2001.
"The fact of the matter is, we've spent almost $100,000 over and above the retainer," he said.
The addition of Elash will not interfere with council's relationship with Muscante, Brewster said.
"We cannot avoid the fact that there are philosophical differences between the administration and council," he said. "It's very difficult for [Muscante] to serve two masters. We will use Jason Elash to help us through these gray areas."
Before taking office this month, Brewster had been vocal about his problems with an ongoing lawsuit filed by 13 McKeesport police officers and firemen against Mayor Wayne Kucich. The suit claims the individuals were demoted or fired as political payback.
"We're looking for an update on that case expeditiously," Brewster said to Muscante at one point during the meeting.
The council president said the issue is one of accountability.
"I think the taxpayers deserve the chance to have a second opinion. The public's going to know who's suing us and why."
Muscante said after the meeting that Elash's hiring was indicative of differences between council and the mayor.
"You have to give opinions on these tough issues that make some people unhappy," he said. "I've always tried to give objective legal advice regardless of whose interpretation it may benefit. I'm here to serve the city."
Jonathan Barnes is a free-lance writer.
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