Ethics Hearing Board replies with 3 letter from George R. Specter to me, Mark Rauterkus

Letters are dated November 14, 2007. There are three of them.

Dear Mr. Rauterkus:

I am writing to you in response to the Complaint which you have filed with the City of Pittsburgh's Ethics Hearing Board against Bruce Kraus. As you know, the Pittsburgh Ethics Code vests the City Solicitor with the initial duty of conducting a preliminary inquiry into the validity of the Complaint. If that preliminary inquiry fails to establish reason to believe that the City provisions have been violated, the Solicitor is to terminate the inquiry and so notify the complainant, the subject of the complaint and the Board.

Accordingly, please accept this letter as official notice that your Complaint against Mr. Kraus is being dismissed for the following reasons:

Lack of jurisdiciton. The Ethics Hearing Board has jurisdiction to hear Complaints alleging violations of the City Ethics provisions. The City Ethics Code is applicable to City officials and City employees. Because Mr. Kraus is not a City employee, the Board lacks jurisdiction to hear a complaint against him.

Prematurity: Your Complaint alleges wrongdoing which has not yet occurred, and many never occur. Therefore it must be dismissed on the grounds of prematurity.

On behalf of the Board, I think you for your interest in the City's Ethics Code.

Sincerely, George R. Specter, City Solicitor

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So, this letter tells that the City Ethics Hearing Board will do nothing about a candidate for office in a race for a position in the city.

And, the letter tells us that the City's Ethics Hearing Board is not going to be proactive.

Dear Mr. Rauterkus:

I am writing to you in response to the Complaint which you have filed with the City of Pittsburgh's Ethics Hearing Board against Michael Lamb. As you know, the Pittsburgh Ethics Code vests the City Solicitor with the initial duty of conducting a preliminary inquiry into the validity of the Complaint. If that preliminary inquiry fails to establish reason to believe that the City provisions have been violated, the Solicitor is to terminate the inquiry and so notify the complainant, the subject of the complaint and the Board.

Accordingly, please accept this letter as official notice that your Complaint against Mr. Lamb is being dismissed for the following reasons:

Lack of jurisdiciton. The Ethics Hearing Board has jurisdiction to hear Complaints alleging violations of the City Ethics provisions. The City Ethics Code is applicable to City officials and City employees. Because Mr. Lamb is not a City employee, the Board lacks jurisdiction to hear a complaint against him.

Prematurity: Your Complaint alleges wrongdoing which has not yet occurred, and many never occur. Therefore it must be dismissed on the grounds of prematurity.

On behalf of the Board, I think you for your interest in the City's Ethics Code.

Sincerely, George R. Specter, City Solicitor

Then the third letter.

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Dear Mr. Rauterkus:

I am writing to you in response to the Complaint which you have filed with the City of Pittsburgh's Ethics Hearing Board against the Ethics Hearing Board. As you know, the Pittsburgh Ethics Code vests the City Solicitor with the initial duty of conducting a preliminary inquiry into the validity of the Complaint. If that preliminary inquiry fails to establish reason to believe that the City provisions have been violated, the Solicitor is to terminate the inquiry and so notify the complainant, the subject of the complaint and the Board.

Accordingly, please accept this letter as official notice that your Complaint against the Ethics Hearing Boards is being dismissed for the following reasons:

Your Complaint alleges that the City's Ethics Code is itself unethical insofar as it requires that Complaints be kept confidential. The Code rpovision to which you refer was enacted by City Council in 1990. Though the Board can request changes to the City Ethics Code, the Board has no authority to change the Code without Council approval.

A Complaint to the Board is an inappropriate forum for your challenge. Unless and until it is changed by Council, the Board intends to abide by the law as it is written.

On behalf of the Board, I think you for your interest in the City's Ethics Code.