PG coverage: Fontana resigning county council seat -- soon

Fontana resigning county council seat -- soon Fontana resigning county council seat -- soon

Saturday, March 05, 2005

Wayne Fontana, the Democratic candidate for state Senate in the 42nd District, says he plans to resign his Allegheny County Council seat, just not yet.

Fontana rebuffed a call yesterday by Libertarian candidate Mark Rauterkus that he immediately resign the seat now that he has been nominated by the Democrats for the May 17 special election.

Rauterkus said the county's home-rule charter requires members of council to resign as soon as they become candidates for another office.

However, Fontana said he has opinions from the county solicitor and council's solicitor stating that he has 30 days from the time he is nominated to step down.

He also said he has been told by officials with the state Democratic Committee that he is not officially a candidate until he files formal paperwork with them. Fontana said he has until March 28 to do that.

Fontana is running against Rauterkus and state Rep. Michael Diven, a longtime Democrat who recently switched to the Republican Party, in the special election to replace Jack Wagner, who was elected state auditor general.

Another mention was made to this story on Rob Pratt's KDKA radio show. Pratt was on the air with an interview of the council chair, Rich Fitzgerald, D, about the assessments.

Council benefits from cap. That's the point: The TRUST has been broken!

Council benefits from cap - PittsburghLIVE.com Fontana, who chairs council's assessments committee, said it is unfair to think personal interest will sway the vote on Onorato's plan. 'You have to trust that your elected officials are looking after the interests of the taxpayers,' he said.

You have to, he says, That is the point! We don't. The trust is broken. The connection between the right course of action and what really gets done is absent. The "gotta trust" song has departed the political landscape of Pittsburgh.

Wheaties

The slogan for the breakfast cereal, Wheaties, is breakfast of champions. The PG reporter was right. The menu was with eggs over easy. I'm not sure if anyone broke a yoke. I'd love to talk about this race, point by point. However, it is too late and the recap would put readers to sleep.

Mayoral candidates meet over breakfast He said he was the only candidate who has managed a large public office amid budget constraints. In terms of consolidation, he said he was the only one to have 'actually walked the walk, going so far as to recommend the elimination of my own position.'

Lamb isn't walking the walk in terms of speaking about the county charter's violation. Why have row-office reform when the ones in office don't behave as they should. We don't need reform, we need to read, comply and be fluid.
Les Ludwig did do a wonderful job. He nailed home the points on creativity.

The Ludwig answer to a question about development and the role retail has in that mix was astonishing. He blew me away. I expect the leaders in the audience got the points. Others on stage didn't. This was a clever, as Les didn't use the word retail, development, nor subsidy once in his answer. He talked about the customer base that is needed to make retail work. He talked about the money and a multiplier effect when we have people of all ages living here. It was as if the word "retail" was not even worth a breath of his attention.

To the uninformed, one could listen and think he was off-target and scattered in the delivery.

Then Peduto went right into the Ludwig trap. Peduto talked about the past studies that looked at the region and the six or eight core strengths: robotics, bio-tech, eco remediation, blah, blah, blah. A study was cited, something Bill Peduto can do well. But all in all, Peduto's tight focus on the business marketplace allowed him to ignore the one factor that Pittsburgh has above all others -- seniors. Pittsburgh is what it is. Pittsburgh is a mecca for growing old. with grace. Les said that there isn't one master plan that deals with home health care for the city. Zippo.

That was a great exchange for what was said, and what wasn't said.

As soon as the others learn to chew up their food and their opponents, Ludwig will be wearing the champion's belt, as awarded from the ringside judges.

In a four, five or six way debate, given the big guys with so little to say, the soaring numbers is going to be with Ludwig. But, there is a long way to go from zero.

ARTICLE in Trib - glad to raise a chuckle out of my opponent -- all the way to April Fools Day

Candidate tells official to quit - PittsburghLIVE.com Candidate tells official to quit

By Glenn May, TRIBUNE-REVIEW, Saturday, March 5, 2005

A campaign foe of Allegheny County Councilman Wayne Fontana is accusing Fontana of violating county laws by remaining in office while seeking election as state senator.

'He has a little bit of power, and he doesn't want to relinquish it,' said Mark Rauterkus, Fontana's Libertarian opponent in the race to fill the 42nd Senate District seat vacated by Jack Wagner, now the state auditor general.

Rauterkus points to language in the county's home rule charter indicating that council members shall not be candidates for nomination or election to other offices 'without having first resigned from county council.'

Fontana and Jack Cambest, the council's solicitor, said the definition of a candidate as spelled out in the county's administrative code means Fontana has a few more weeks before he has to give up his council seat.


'I'm going to resign by April 1, no question,' said Fontana, 54, a Brookline Democrat.

Cambest said the administrative code would require a council member to resign in a regular election immediately upon filing nomination petitions, but the rules differ for special elections.

Nominations for special elections are, in effect, bestowed upon a candidate by a party rather than sought by the individual, Cambest said.

Fontana has been endorsed by the local Democratic Party to run for the Senate seat, which has the effect of giving him the party's nomination once the decision is accepted by the state Democratic Committee.

Cambest said Fontana has 30 days under party rules to reject the nomination or to accept it by filing papers with elections officials.

If he accepts it, Cambest said, Fontana must resign his council seat.

Fontana has until March 27 to file papers.

The special election will be held May 17, the same day as the primary.

The Senate district includes neighborhoods in the south and west of Pittsburgh, as well as 20 municipalities in the suburbs.

Rauterkus said Fontana owes it to voters to concentrate either on county council or on the race.

Fontana laughed off the idea that running for the Senate will shift his attention from being a council member, which is a part-time job.

'You gotta be kidding me,' Fontana said. 'I've been doing a full-time job the whole time I've been on council.'

He said Rauterkus is playing politics and he doesn't know why Rauterkus wants him to leave the council so quickly.

Council members have long complained about the resignation rule, saying it was inserted into the charter by state legislators to fend off potential challengers.

County voters twice in 2003 rejected referendums seeking to abolish the rule.

Rauterkus said the rule helps officeholders stay focused on their current posts instead of using them as steppingstones to higher office.

Two other big points didn't make the article. The election to fill the seat after the resignation might not be able to materialize between April 1 and May 17. The county suffers. We'll have a hand-picked member on county council for seven months. The un-democratic democrats theme returns.

The other point of reason is that a possible shift in candidates is possible. Wayne could step out of the special election and make way for another to enter the race.

Burnt out -- not me but many others.

This email came from a contact:Could you please remove my email from your list as I am leaving CMU. ITs not that I disagree with your observations its just that I have finally reached the age where I am so sick of County and City polotics, I can devote one more square inch of my stomach lining to them. The assessments really crown the bunch though.

But alas its too late to save the city or the county. They are done. Both have successfully put a sign up saying "Go Away" or "You'd have to be crazy to work or live here." I admire your energy. I have lost it over planning and zoning issues and crime
Its someone elses battle now. See you sometime under better circumstances like downtown slipping into a sink hole.

Sadly, these types of emails are all too normal.

People vote with their feet. Too often the feet are taking the worn away from the city.

Resignation waves, and Michael Lamb won't stand with me on the request.

I was asked by a State Rep via email:

Why not file for a declaratory judgment? You can accomplish the appropriate result and get some press.

Press is coming. (I think I can, i think I can, i think i can...) Watch for a letter by a long-time friend in the PG. I talked with a reporter from the Trib. Two days ago I gave a KQV interview. The South Pgh Reporter was going to follow-up and City Paper showed some interest.

I'm one who is NOT in favor of running to the courts to settle our issues. I'd rather keep pressing the voters.

Every hour Fontana does NOT resign he drops another 50 votes.

Let him not resign. I still win. I'm a "champion of democracy."

---

Meanwhile at a downtown event this morning, I got to direct a question to Michael Lamb. Lamb should know the county charter. Lamb is in the same county district as Wayne Fontana. Lamb is a leader among Dems. Lamb is a reform kinda-guy, so he says.

I asked Michael Lamb to stand with me and join in with the call for an immediate resignation of Fontana.

Michael Lamb said "No."

Email blast: [412] Resignation Requested and Required - (making waves and awake)

Email blast shows archived message. It is reposted as the first comment.

Wilburn, Director of Social Policy and Research reports:

The release on Fontana was very good. Your comments on WDUQ yesterday about transportation was on target as well.

At this point Fontana is running on his record as County Councilman and banking on his name recognition. Diven is trying to run on being a Republican puts him in with the majority party in Harrisburg, thus able to do more for Pittsburgh. What he forgot to consider is that this is a Democratic strong hold, bad mouthing Dems do not get many D votes. He also will be running having to deal with his switch. Switching is not one of those things that go over well in Iron City.

Notice that none of them are ready to address state issues. Right now the field is yours. Getting our top issues out there may enable you to have them playing catch up. We could set the direction of the short lived campaign and get people to take notice.

Good job, if only we had some money.

Take Care,

Wilburn Hayden, Jr.

Election's big question: Who would want to lead troubled Pittsburgh?

AP Wire | 03/03/2005 | Election's big question: Who would want to lead troubled Pittsburgh? MIKE CRISSEY, Associated Press

County wants to limit diesel engine idling. Thanks GASP! This type of wellness gets my full support.

County wants to limit diesel engine idling The Allegheny County Board of Health approved a regulation yesterday to limit unnecessary idling of diesel trucks and commercial buses that's similar to one already on the books for school buses.

I walk my kids to and from school each day. I've noticed a huge difference since the school bus idle restrictions have come into being. Thanks! This is a good next step.

County posting new property values on Web site -- Another VICTORY

County posting new property values on Web site Allegheny County Chief Executive Dan Onorato said the new market values for reassessed properties would be posted on the county's Web site after 5 p.m. today.

Dan listened. When this story broke, I wrote and even called Dan on this very issue. Then I caught him on a talk show last week. It was one week ago. Then he said that the numbers were being worked on, but hinted at it being much longer into the future until they'd be released.

Thanks Dan.

Let's read em and weap.

We need an open government approach.

Until now we were talking about a set of numbers that were unknown.

I'm going to give credit where it is due. And, I'm going to say I had a hand in pushing for the release of these numbers so soon.

Next, let's get down to brass tacks. Let's begin to renew a topic that I had raised before -- assessment buffering. I feel that a one-third assessment buffering plan would be a much better solution.

To implement assessement buffering, I'm going to to need to be elected to the PA Senate.

Simple reading of county charter reveals the details.

Wayne Fontana is in violation of this part of the
county charter (in PDF).

A County Council Member, (such as Wayne Fontana, the vice-chair no less,) shall not be a candidate for nomination or election to any elected political office other than that of County Council without having first resigned from County Council.

We are working hard on County Row Office Reform. What about the reform that is taking place now due to the rule-breaking of the charter. We need reform. But we need to not break the existing structures that are in place.

Sometimes we don't need reform.Rather we need to replace these people. We need respect. And when things don't go as they should, we need to react.

Smoke Free City

I would love to see cigarette smoking go out of style.

I recently discovered a local group, Smoke Free City, that seeks to make this happen. I especially like that they provide information about where you can go to get a meal or a drink without being choked by cigarette smoke.

Their legislative agenda is primarily focused on overturning the state's (PA's) pre-emption laws that prevent local governments from regulating smoking in their own way. I get goose-bumps every time some social reformer wants to change society by legislative fiat, but at the moment their agenda is pretty reasonable.

News Release: Candidates and County Council do NOT mix, as per the county charter.

From: Mark Rauterkus, Mark@Rauterkus.com, 412 298 3432
Candidate for PA Senate (42nd district),

Elect.Rauterkus.com
108 South 12th Street
Pittsburgh, PA 15203

Date: March 3, 2005

Mark Rauterkus, a Libertarian candidate for Pennsylvania Senate, has called for the immediate resignation of an opponent, Wayne Fontana, Democrat, a member on the Allegheny County Council. Days ago, Rauterkus willingly congratulated Fontana for his weekend victory in the Democratic party nomination. Fontana joins Rauterkus and Michael Diven, R, on the ballot in the special election slated for May 17, 2005. However, the message has changed to outrage in recent days as an expected resignation from County Council has not transpired from Fontana despite the explicit mentions within the County Charter.

"Wayne Fontana needs to resign his seat on county council immediately, said Rauterkus."

Allegheny County's Charter states clearly that members of the County Council must resign as soon as they become a candidate for another office.

Rauterkus is networking with phone calls, emails and his blog mentions that request the resignation quickly for a number of reasons for the good of Allegheny County residents.

-- Tell the power-hungry official, Wayne Fontana, that his time on council is finished. Tell him and others in his party that the resignation is expected now.

-- Remind the media of this governmental issue and help to insist that want-a-be State Senators should have a keen respect for the law.

-- Tell others who reside in that county council district that good citizen candidates are needed for the special election to fill Fontana's seat.

The special election process can begin as soon as Fontana resigns. The longer Fontana squats on the power and holds onto the seat, then a rightful replacement might be delayed. Rather than getting a newly elected member of County Council in May, 2005, a hand-picked replacement might sit until January, 2006.

This provision of the charter is disliked by many on County Council. Council members tried to change it twice in the past. At the ballot box, a majority Allegheny County voters made known their desire to uphold this rule, and for good reason.

Everyone knows that Fontana has been campaigning for this Senate seat for months. He can't do his important job on County Council, such as handling the assessment mess, while he is occupied with other tasks. Furthermore, the process of being out in the community among the issues with the other candidates gets discounted too while Fontana sits on council.

Rauterkus said, "Fontana is in no-man's land -- between a future campaign and place in history. I expected him to push the ethical limits and resign Monday, March 1. I was shocked that he resumed his role on council at Tuesday's meeting, March 2. Every minute of additional delay goes without an excuse and serves to break the trust with the people throughout the county." Rauterkus said, "People don't appreciate politicians who act on self-interests and make power-grabs without accountability."

Hope in this time, or not. FAQ & A from email.

Someone wrote to me and stated: "At this point in time, I do not see third parties as a realistic option. Sorry."

At this time I don't find much hope in the Dem party when it comes to advancement of the necessary leadership for Pittsburgh and the region.

One party rule is hopeless.

If you agree that the Dems have killed this city -- and are making a heavy weight for the region -- then we should easily agree that other options are not only viable -- but mandatory.

I want to be making history -- not be a slave of it.

In the PA Senate race, we have a Dem who won't resign from county council, in spite of the county charter that requires it. And the other old party candidate was a D, now an R, due to money to cover his past debt and springboard him to tv ads.

I think I'm a viable alternative, and the only real alternative to the status quo. Both of my opponents have been making the problems we face more difficult.

With some help, the viability of the campaign increases. With help, the opportunities to make a bigger difference are more robust.

Rauterkus for PA Senate

New images are available. Image directory with photos

Call in show on PCTV to engage the superintendent of schools

Dr. Andy King is on a call in show, from 6:00 – 7:00 P.M. tonight, THURSDAY, MARCH 3, 2005, at PCTV STUDIO – Channel 21.

CALL: (412) 231-2288 between 6:00 and 7:00 p.m. for questions to the Superintendent as well as comments and suggestions on subjects pertaining to the Pittsburgh Public Schools. Host and Producer: Mark A. Brentley, Sr., (412) 734-1594.

Rauterkus Requests Required Resignation of Fontana for good of Allegheny County

Allegheny County's Charter calls for the resignation of county council members who are candidates for other public offices.

Wayne Fontana, D., a member of Allegheny County Council is a candidate for State Senate. Rauterkus said, "I expected Fontana to push the ethical limits and resign his council seat on Monday morning at the latest." Sunday, the prior day, Fontana got the D party endorsement, and since this is a special election that insures he'll be on the ballot. He filed his papers to officially become a candidate the prior week.

Mike Wojcik, the county controller, (voice phone: 412 350-1125), Dan Onorato, the county executive and higest ranking member of the democratic party, and Rich Fitzgerald, D, council president, should pull Fontana out of his seat and tell Fontana his time on council has concluded.

This is the third bailout. Transit bailout not a long-term solution.

Transit bailout not a long-term solution - PittsburghLIVE.com: "Transit bailout not a long-term solution

HARRISBURG -- Gov. Ed Rendell's bailout for the cash-strapped Port Authority of Allegheny County and Southeastern Pennsylvania Transportation Authority in Philadelphia gives the mass transit agencies two years to solve their financial problems.

A Beaver County official on the SPA who needs to approve the bailout has said "NO." He was on KQV today. His point was that the bailout only gives those in Harrisburg some cover and allows them to get off the hook. They have a duty and responsibility that is being ignored.
I am not in favor of another bailout. I hate to see the same band-aid fix being called a solution.

My approach is to go to the roots of the problems. It's broken. Lots of things are broken. The process is broken too.

I'm running to fix matters. We can't reform our ways without replacing the same old people.

Hot Dog: Move carts to Thackeray -- and Oakland's all wet for next two days with swimmers

Talk about a raw deal. The city and Pitt are always pounding and punishing the business folks.

The Pitt News - Mayor's OK can move carts to Thackeray The fate of Pitt's food vendors now lies in the hands of Mayor Tom Murphy.

The history isn't good in terms of giving Pitt the benefit of the doubt. Pitt is a great place, inspite of itself. If Pitt ever got its act together and noise like this didn't occur, Pitt would be in another category of greatness. UPMC too. It's one of the nation's great hospitals -- so act the part, please.
Pitt has been trying to screw with the vendors for ages. The city helps. So too does the Parks weenie group.
The construction around the Cathedral is going to include a MERRY-GO-ROUND. Then the weenies in Oakland can get a ride-all-day pass to prove once and for all that they'll never get ahead if they keep acting as they do.

Trouble is, we're all in this ride together.

Mel, a visitor to the wiki, Platform.For-Pgh.org shared an email with me yesterday. He is from CMU, knows Maglev, and wrote that it was hard to find the pony in the midst of all the horsesh*t. After the Oakland roadway gets the little bend made straight, we'll not need to search far to see the ponies.

In other Oakland news, I dare predict that you won't find too many WPIAL Swimmers and Divers at the vendor's carts today -- as they'll be making waves at Trees Pool. Go fast. The next two days is their "big dance." City swimmers hit Pitt on Saturday. Good luck to all.