Tube City Almanac

December 20, 2011

'Checks in Mail' for Brewster Fund Recipients

Category: News || By

(Editor's Note: This writer has a conflict of interest. Details at the bottom of this story.)

. . .

After a year's delay, checks are finally being issued to more than two dozen local charities designated by former Mayor James Brewster to receive his back pay.

McKeesport officials confirmed Monday that the checks have been cut and signed after new contracts were executed between the charities and the city.

At least one charity with a religious affiliation is known to have declined the money after city officials told all of the organizations they could not use the funds for worship or evangelizing.

The release of nearly $41,000 comes almost two weeks after Brewster's wife, Linda, and representatives of those organizations complained to city council about the ongoing wait for the funding.

The money has been mired in controversy, in part because City Controller Ray Malinchak has argued that Brewster, now a state senator, was not entitled to deferred compensation.

Council threatened to go over Malinchak's head if he refused to sign the checks. The controller told the Almanac Monday that he had agreed to sign "under protest."

"I have never seen it so hard for someone to give away their own money," said Frank Francis of the McKeesport Past and Present Committee, which annually sponsors a community-wide reunion at Moran Field on Market Street. "We may not be hurting as bad as some of these other organizations, but every little bit helps."

Sean Barton, captain of the Salvation Army of McKeesport, said the victims of the delay aren't the charities. "The real victims are the people they serve," Barton said, "because I don't have that money to help people in the city of McKeesport."

Tim Brown of the LaRosa Boys & Girls Club said the organization is struggling due to the ongoing recession and cutbacks on donations. "The Boys and Girls Club right now is hurting," he said. "We've already had to lay off staff because of the cuts. We were counting on that grant money to come in this year."

Contracts between the city and 27 different charitable organizations outlining acceptable uses for the funding originally stipulated that the money must be spent by Dec. 31. Because the money had not yet been disbursed, council on Dec. 7 voted 6-0 to extend the deadline for six months.

. . .

The money represents the difference between the salary that Brewster was entitled to as mayor, and the salary he actually collected. Mayor of McKeesport is a full-time, paid position. Under the city's Home Rule Charter, the mayor is paid five percent more than the city administrator.

Brewster often spoke of giving back part of his salary, but that agreement was never ratified by council during his two terms in office. When he resigned in December 2010 following his election to the state Senate, Brewster asked that his deferred compensation be divided among a list of local charities.

City Solicitor Bruce Dice has ruled that Brewster was entitled to five percent more than City Administrator Dennis Pittman's salary. But part of Pittman's salary was paid through the city's Community Development Department, not for his work as administrator. Malinchak cried foul.

Dice used Pittman's federal W-2 form to calculate Brewster's deferred compensation. "The Home Rule Charter doesn't say 'W-2,'" Malinchak said. "The ordinance doesn't permit the use of a W-2."

. . .

Craig Alexander, an attorney in Dice's office, said Malinchak's objections are groundless because the intent of the charter is clear. "Mr. Pittman's salary happens to come from two different line items on the budget," he said. Malinchak has asked "the same questions over and over and over again, and each time I have given (him) a response."

Council President and Mayor-Elect Mike Cherepko said that Malinchak had promised to abide by Dice's legal opinion, and was reneging on his promise.

Refusing to sign checks is "like vetoing a council decision," Cherepko added. "When this council makes a decision, I don't believe the controller has veto power."

. . .

In a written statement to the Almanac, Malinchak accused Dice's opinion of being "biased" and of trying to "ingratiate his firm" with the city administration.

"I sincerely recognize and certainly support the needs of the various entities selected as receipts of the subject grants," Malinchak wrote. "I wish all grant beneficiaries success in their utilization of these awards toward any noteworthy cause."

. . .

Charities scheduled to receive grants of $1,517 each include Carnegie Library of McKeesport, Charles Lickert Walking Trail, Christy Park United Methodist Church, The Consortium for Public Education, the Garden Club of McKeesport, Harrison Village Honor Roll (McKeesport Past and Present Reunion), Hope House (Sonshine Community Ministries), The Intersection, Kiesel Christian Rehab, LaRosa Boys and Girls Club of McKeesport, and the McKees Point Palisades Center for the Performing Arts.

Also, McKeesport NAACP, McKeesport Heritage Center, McKeesport Joint Task Force, McKeesport Kiwanis Club, McKeesport Lions Club, McKeesport Little Theater, McKeesport Meals on Wheels, McKeesport Ministerium, McKeesport Trail Commission, Noah's Ark Community Center (Bethlehem Baptist Church), Pauline Auberle Foundation, Renzie Park Senior Center, Salvation Army of McKeesport, Steel Valley OIC, Womansplace and YMCA of McKeesport.

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(Editor's Note: The writer of this article is a member of the board of directors of McKeesport Heritage Center. Opinions expressed at Tube City Online and its affiliated websites are not those of McKeesport Heritage Center, its directors, staff or volunteers, and the organization has no control or input into articles posted at Tube City Online.)

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Feedback on “'Checks in Mail' for Brewster Fund Recipients”

Let me start by saying that I am all for THE CITY donating to worthwhile charities that are suffering to provide service in this economy.

If Mr. Brewster took less than his deserved salary during his tenure, he should be commended for that action.

So the residents can hear the other view of this so called “deferred comp”, let me pose the following.

Then Mayor Brewster submitted budgets to Council which set his level of compensation. Council passed those ordnances into law. That law would supercede any loophole in the Home Rule Charter. He was paid what he asked for. Case closed.

So, in my view, in the legal sense, Mr. Brewster was not entitled to any deferred comp.

He submitted a budget originally, where he, not charities, would recieve this excess he claimed to exist. That fact should not be lost upon your readership or the citizenry.

Have a safe and Blessed Christmas. I hope your recovery is going well.

Paul
Paul - December 21, 2011




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