Pittsburgh Post-Gazette Article: Judge: McKeesport cut corners, but not as promised
Pittsburgh Post-Gazette Article: Judge: McKeesport cut corners, but not as promised
By Moriah Balingit
10/22/2009
http://www.post-gazette.com/pg/09295/1007269-55.stm
It's been four years since McKeesport settled a federal lawsuit with disabled resident Rob Robertson and two others. The city agreed to install 1,000 curb cuts by the end of 2009, to meet regularly with a residents' committee that included Mr. Robertson, and to submit regular reports about progress on the work.
But since then, the city has failed to fill all three requirements, Mr. Robertson's attorney, Shari Mamas, said in a motion filed last month when she asked a federal court judge to hold the city in contempt.
McKeesport has installed only about half of the curb cuts it was required, though this number is disputed in court filings. Additionally, Ms. Mamas said in court filings that city Solicitor Jason Elash repeatedly ignored phone calls and letters from her in 2008 and 2009, then failed to show for a December committee meeting.
Last week, Ms. Mamas and city officials agreed on a stringent new timeline for a completion of the requirements, one that holds the city to a $100-a-day fine if it fails to comply. The city also agreed that it would be unable to complete the remaining curb cuts before the original deadline of Dec. 31, 2009.
The terms agreed upon were drawn up in an Oct. 14 court order signed by U.S. District Judge Donetta Ambrose, who granted the motion to hold the city in contempt and required the city to pay Ms. Mamas' attorneys fees and court fees as "sanction for [the city's] contempt."
The order requires that the city complete the 1,000 curb cuts by Sept. 30, 2012, and that it provide documentation of the ramps it has completed by Nov. 14. Additionally, it was required to schedule more committee meetings by yesterday and it's required to send a city official to the meetings.
Mr. Elash cited fiscal problems in the city's inability to complete the ramps according to schedule. City Administrator Dennis Pittman said one curb cut costs about $500 to install.
"Of course, there were unforeseen financial problems," Mr. Elash said.
He seemed confident that the city would be able to complete the requirement by the new deadline, though he said "circumstances beyond our control could make it impossible."
Mr. Pittman, however, called the requirements "a very onerous obligation."
"To take it out of the general fund, it's going to be very, very difficult," he said.
Mr. Elash blamed the city's failure to respond to Mr. Robertson and his attorney on "miscommunication," and said the people who were designated to provide information and meet with them were "on vacation."
But Ms. Mamas said in court filings that it was Mr. Elash who failed to answer phone calls and letters. She indicated in an interview that both parties could have avoided a legal battle, which will cost the city because it agreed to pay Mr. Robertson's recent legal expenses, and the headache of dragging the situation back to court had Mr. Elash responded to her inquiries.
Mr. Elash did attend meetings last October and November, but did not provide the documentation and informational maps to meeting members that he said he would provide. Then, in December, he did not show up at the scheduled meeting, did not call to say why and stopped returning phone calls.
"We've had problems getting them to talk to us and give us documentation in a timely manner," Ms. Mamas said. "We had to sue them for contempt to get them to respond."
Now, Ms. Mamas said she's hoping Mr. Robertson and the city can move forward from this point with a better, more communicative relationship.
"We're hoping to have ... meaningful ongoing communication," she said.
Mr. Elash said he did not want to comment on specifics and said there was "maybe one unreturned phone call."
"We've resolved this in an amicable manner ... and this is all behind us," he said.
Moriah Balingit can be reached at [email protected] or 412-263-2533.
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