Allegheny County Council will move forward with its intent to sue County Executive Rich Fitzgerald and/or the Fifth Judicial District Court of Common Pleas over the pending agreement to reopen the county’s juvenile detention center.Council approved the motion Tuesday evening, 9-4, with two members abstaining.”We’re seeking a declaratory judgment,” Council President Patrick Catena said. “Basically someone to come in — a neutral third party — and say: ‘Did the county executive and the courts violate the county charter?’ And I think it’s as simple as that.”Earlier this month, a new contract was signed to reopen the center. The 5th Judicial District of Pennsylvania is partnering with the private company Adelphoi, which provides detention services to youth and families. Allegheny County owns the old Shuman Center building. The county council’s powers that are delineated in its charter include the power to:”By ordinance, lease, convey, vacate or abandon, or permit the use of County land, buildings or other real or personal property.”Bethany Hallam, county councilwoman-at-large, insisted that the vote Tuesday night was not about the Shuman Center, Adelphoi, or even the juvenile justice system itself.”So get all those ideas and all of those opinions out of your head,” Hallam said while introducing the motion at Tuesday night’s meeting. “Because what this is about is the county executive and the courts conspiring together to attempt to supersede the authority that is given to us as council members under the county charter.”Pittsburgh’s Action News 4 attempted to get comment from Fitzgerald, but a county spokesperson declined, citing “pending legal matters.”During the public comment period before the vote, several people implored council to pass the motion.Only one person stood up to advocate for the motion to be defeated: President Judge Kim Berkeley Clark of the Fifth Judicial District of Pennsylvania.”If we continue to delay, more children will be harmed and our communities will continue to be unsafe,” she said.Clark announced the contract with Adelphoi in a news release earlier this month.Later in the meeting, Hallam lambasted Clark’s appearance before council Tuesday.”I believe it to be highly unethical that a sitting judge would come in front of us today and attempt to influence a legislative body,” Hallam said. “Especially about a lawsuit that would very likely come in front of the Court of Common Pleas in which she is the sitting President Judge.”Sam DeMarco, county councilman-at-large, voted ‘No’ on the motion, called the disagreement a “food fight.””This isn’t the use of a third party,” DeMarco argued, suggesting that the courts are using the center while retaining Adelphoi as management of the facility. “And we’ve never approved — that I can recall — the use of county property by another government entity.” The motion passed Tuesday authorizes the council’s solicitor to file a court order asking for a judge to decide on the center’s future.If the county decides to move forward with the Adelphoi contract, the $5 million renovation project is expected to be finished by the end of the year.
Allegheny County Council will move forward with its intent to sue County Executive Rich Fitzgerald and/or the Fifth Judicial District Court of Common Pleas over the pending agreement to reopen the county’s juvenile detention center.
Council approved the motion Tuesday evening, 9-4, with two members abstaining.
“We’re seeking a declaratory judgment,” Council President Patrick Catena said. “Basically someone to come in — a neutral third party — and say: ‘Did the county executive and the courts violate the county charter?’ And I think it’s as simple as that.”
Earlier this month, a new contract was signed to reopen the center. The 5th Judicial District of Pennsylvania is partnering with the private company Adelphoi, which provides detention services to youth and families. Allegheny County owns the old Shuman Center building.
The county council’s powers that are delineated in its charter include the power to:
“By ordinance, lease, convey, vacate or abandon, or permit the use of County land, buildings or other real or personal property.”
Bethany Hallam, county councilwoman-at-large, insisted that the vote Tuesday night was not about the Shuman Center, Adelphoi, or even the juvenile justice system itself.
“So get all those ideas and all of those opinions out of your head,” Hallam said while introducing the motion at Tuesday night’s meeting. “Because what this is about is the county executive and the courts conspiring together to attempt to supersede the authority that is given to us as council members under the county charter.”
Pittsburgh’s Action News 4 attempted to get comment from Fitzgerald, but a county spokesperson declined, citing “pending legal matters.”
During the public comment period before the vote, several people implored council to pass the motion.
Only one person stood up to advocate for the motion to be defeated: President Judge Kim Berkeley Clark of the Fifth Judicial District of Pennsylvania.
“If we continue to delay, more children will be harmed and our communities will continue to be unsafe,” she said.
Clark announced the contract with Adelphoi in a news release earlier this month.
Later in the meeting, Hallam lambasted Clark’s appearance before council Tuesday.
“I believe it to be highly unethical that a sitting judge would come in front of us today and attempt to influence a legislative body,” Hallam said. “Especially about a lawsuit that would very likely come in front of the Court of Common Pleas in which she is the sitting President Judge.”
Sam DeMarco, county councilman-at-large, voted ‘No’ on the motion, called the disagreement a “food fight.”
“This isn’t the use of a third party,” DeMarco argued, suggesting that the courts are using the center while retaining Adelphoi as management of the facility. “And we’ve never approved — that I can recall — the use of county property by another government entity.”
The motion passed Tuesday authorizes the council’s solicitor to file a court order asking for a judge to decide on the center’s future.
If the county decides to move forward with the Adelphoi contract, the $5 million renovation project is expected to be finished by the end of the year.
