McLay’s actions cleared
Independent review finds no misconduct in former chief’s convention appearance
Pittsburgh Post-Gazette
A private attorney found no wrongdoing in a former Pittsburgh police chief’s appearance at the Democratic National Convention last July, Mayor Bill Peduto’s administration said this week.
The analysis by former Allegheny County Judge Bill Ward echoed the city Office of Municipal Investigations, which in September cleared then-Chief Cameron McLay of accusations that he violated departmental policy and local law, Peduto aide Kevin Acklin said.
Mr. Acklin said the administration sought an external legal review when Elizabeth Pittinger, the Citizen Police Review Board executive director, opined later that Mr. McLay had broken various local rules and the federal Hatch Act. She penned the viewpoint in a report that the CPRB adopted in October.
“She issued a very serious report making serious allegations that would have put the city at risk,” said Mr. Acklin, Mr. Peduto’s chief of staff. He said the administration wanted a formal examination of Ms. Pittinger’s opinion, which she said was not a legal analysis.
Hatch Act violations can jeopardize federal funding. The 1939 law limits the political activities of certain government workers.
Ms. Pittinger still believes that Mr. McLay violated that and local standards when he spoke in uniform at the Philadelphia convention, she said Thursday. Pittsburgh city code prohibits employees from campaigning for candidates “while on duty, while wearing a uniform or while on city property.”
“We have an obligation to assure the citizens of Pittsburgh that law enforcement services are administered in a nonpartisan, apolitical manner,” Ms. Pittinger said. Mr. McLay
spoke “to a convention of partisan elected delegates convened” for candidate nominations — a clear political activity, she said.
Mr. Ward, a partner at the Downtown law firm Rothman Gordon, declined to comment.
Mr. McLay, who stepped down in November, could not be reached. His 395word DNC speech did not refer to specific candidates, although OMI found the Democratic National Convention Committee paid for his trip. City officials are developing internal guidance on campaign limits for public safety workers.
In a statement, Rothman Gordon said Mr. McLay himself retained the firm after the city law department advised him to secure personal counsel. Mr. Ackl i n said that advice stemmed from a potential conflict: Had Mr. McLay landed in legal trouble, city lawyers would have been obligated to defend him.
Because of that, Mr. Acklin said, outside counsel was the best bet for an independent evaluation up front. Rothman Gordon is charging the city $14,000 for its services — an expense that appeared before City Council this week. Council has yet to vote on whether to pay the bill.
Councilwoman Darlene Harris questioned the assessment’s independence in the context of a family relationship. Rothman Gordon CEO William Lestitian is married to Debbie Lestitian, the chief administration officer under Mr. Peduto.
But “Ms. Lestitian had no involvement whatsoever in the selection” of Mr. Ward, Mr. Acklin said in a statement. He said Mr. McLay directed the firm’s hiring “in consultation with the mayor’s office.”
Among several lawyers interviewed from different firms, Mr. Ward won the work based on his expertise, merit and experience, according to the administration.
“We believe this matter to be closed,” Mr. Acklin said.