Aug 22, 2006 By Patty Yauger 5 min read

CONNELLSVILLE – Three city council members named as defendants both in their official capacity and as individuals have apparently engaged legal counsel to represent them, but have not informed their fellow council members or the public of the action. In letters obtained by the Herald-Standard and dated Aug. 16, Mayor Judy Reed and council members Terry Bodes and David McIntire informed city solicitor Gretchen Mundorff that she is to work with attorney Blaine Lucas in a “cooperative and collaborative effort,” as he takes the “lead” in the ongoing litigation.

“Your refusal to represent (us in the lawsuit) has required that (we) obtain legal council for (our) defense,” states the individual letters. “Blaine Lucas, of the law firm Babst, Calland, Clements and Zomnir has been retained to represent the elected officials in both their individual and elected official capacity.”

Mundorff is further informed that she “will continue to represent the city” in the matter “as per Third Class City Code.”

The three letters were signed by the individuals and sent via facsimile to Mundorff and to her using the city’s mailing address, not the Vanderbilt Road address of her law firm.

Lucas has filed a notice of representation dated Aug. 17 with the Fayette County Prothonotary office.

A telephone message left with his Pittsburgh based law firm on Monday seeking comment was not returned.

In May, Ritenour and Sons Construction Co. filed a breach of contract lawsuit that claimed the city had awarded a $38,000 contract to the firm in October 2005 to demolish the former Comfort Corner Shoe Store and then hired and paid a second contractor to complete the work.

In subsequent correspondence from Mundorff to the three officials, she denies that she has “refused” to represent the city in the matter.

“I have never refused to represent Mayor Reed and councilmen Bodes and McIntire in their official capacities as the mayor and councilmen of the City of Connellsville,” states Mundorff’s Aug. 18 letter to the three officials. “Rather, I have indicated my belief that my representation of them as they are sued in their individual capacities as individuals would constitute a conflict of interest and would require that they obtain separate legal counsel to represent them in their individual capacities.

“I stand willing, ready and able to represent the City of Connellsville and (the named defendants in their official capacity).”

Mundorff goes on to reveal that in an Aug. 14 executive session held prior to the monthly council meeting that it was “agreed” to conduct a special meeting Aug. 18 to “further discuss this matter after further review of the city’s budget.”

Her legal services in the matter, however, would not be done without payment above the amount she now paid for her solicitor position, she added.

“An interpretation that the Third Class City Code requires the solicitor to defend litigation on a pro bono basis is unreasonable and untenable,” said Mundorff in her correspondence.

According to the 2006 city budget, the annual retainer fee for the solicitor position is $15,000.

Councilman Brad Geyer, who attended the executive session, said Monday that Mundorff’s letter accurately represented what transpired in the closed-door meeting.

“I believed when I walked out of the executive session (on Aug. 14) that council was going to meet (Aug. 18) and hire Gretchen,” he said. “I was contacted by the city clerk on Friday that the meeting had been cancelled by the mayor.”

Geyer further stated that he is concerned that Reed, Bodes and McIntire are making decisions without consulting him or Matthews.

“I’m very concerned that things are going on behind closed doors that (Councilman) Charles Matthews and I are not being made aware of,” said Geyer. “If counsel was retained for them as individuals, that’s none of my business or of my concern.

“However, if they have gone and retained counsel for themselves as city officials, it then becomes my business.

“They’ve declared (attorney Lucas) will take the lead in this without consulting (Matthews) or me.”

McIntire declined to comment about the litigation, the hiring of Lucas or the determination to engage outside counsel without taking formal public action when contacted Monday.

“I don’t think it is proper to discuss it at this time,” said McIntire.

Mundorff, Reed and Bodes failed to respond to messages seeking comment.

Matthews, meanwhile, said that he was and continues to be prepared to hire Mundorff to represent the city in the litigation matter because she has kept him apprised of the situation and she is best suited for the position.

However, added Matthews, he “will not” offer his support to any council resolution that is made to hire Lucas or transfer funds to pay any costs that might be incurred in the matter.

“I won’t vote yes to transfer any money to pay his bills,” he said. “I would have voted yes to transfer money for Gretchen to defend the city in the lawsuit because it is in the best interest of the city to do that.”

The defendants or their legal counsel are expected to be in court Wednesday.

Last week, attorney Richard Bower, legal counsel for Ritenour Construction asked the Fayette County Court of Common Pleas in filed documents to order the three to appear and testify at a deposition hearing scheduled for Sept. 11.

Bower claimed the three have missed two previously scheduled hearings and their continued absence was “obstructive in nature.”

The hearing is scheduled for 9 a.m.