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Election 2009/East: Wilkins, Wilkinsburg contenders focus on legitimacy
Thursday, October 29, 2009

Races in Wilkins and Wilkinsburg are heating up, as candidates and their supporters spread word of their platforms as well as opponents' dirt.

In Wilkins, former commissioner Sylvia Martinelli, a Democrat, faces former police Chief Keith Guthrie, a Democrat running on the Republican ticket, for an at-large seat to be vacated by board President William Wilson at the end of his term Dec. 31.

In the Second Ward, Commissioner Joseph Costa, a Democrat, faces James Dick, head of the Wilkins Township Republican Committee.

Ms. Martinelli and Mr. Costa released a letter stating shared goals of attracting businesses, working toward flood remediation and collaborating with neighboring towns. In a second letter, they outlined plans to pursue tax cuts up to 1.5 mills.

The first letter, however, accused their opponents of planning to "rid the township of the manager, assistant manager, solicitor, engineer, recreation committee and public works department," and questions whether Mr. Guthrie can legally run for office.

Mr. Guthrie sued the township and several officials in 2006 for civil rights violations, and was awarded $98,688 in a settlement earlier this year.

The letter notes that the settlement agreement Mr. Guthrie signed with Wilkins prohibits him from being a township employee, and said his election could be considered employment.

Township Solicitor John Rushford declined comment, citing the potential for litigation.

But American Civil Liberties Union legal director Witold Walczak said any agreement to sign away a constitutional right would have to be explicit, and an agreement involving employment alone shouldn't prohibit Mr. Guthrie from holding office.

"You can bargain away your constitutional rights as long as it's knowing and informed consent," he said.

Mr. Guthrie said he knew his candidacy was legitimate and denied all other charges in the letter.

"The only thing I saw in there that was true was that I retired," said Mr. Guthrie, adding that he hopes to cut taxes for businesses and residents as a commissioner and restore civility to board meetings.

The letter also calls Mr. Dick's decision to appoint Mr. Guthrie as the Republican contender for the at-large seat a "bait-and-switch" because Mr. Guthrie is not a registered Democrat.

Questions about Mr. Dick's candidacy have been raised by township Manager Rebecca Bradley, who said Mr. Dick separated from his wife and has lived in Irwin since May.

Ms. Bradley cited election code 704, which says an individual's residence is where he or she lives for at least two months if relocation is due to separation from a spouse. The code is generally used to determine voter registration, but Ms. Bradley said the commonwealth has applied this standard to elected officials and his candidacy could face legal challenges.

Mr. Dick, who said his campaign had focused on plans to lower mercantile taxes and repeal a tax increase imposed in 2008, said he has divorced from his wife and was awarded the home as part of the divorce settlement. He called the allegations "dirty politics."

In Wilkinsburg, Democratic nominees Pamela Macklin and Dennis Briggs face GOP write-in candidates Jason Cohn and Ashley Deal for two open Ward 2 council seats. Although she's on the ballot, Ms. Deal said she is not actively campaigning, giving her support to Mr. Cohn.

Mr. Cohn, who notes his involvement with bringing Pittsburgh History and Landmarks to the borough and creating an ordinance that makes it easier to buy abandoned properties, said Mr. Briggs owes the borough and school district more than $25,000 in back taxes.

He also said Mr. Briggs was fired from the Pennsylvania Department of Transportation in 2006 when a TV news probe caught him conducting personal business during work time.

Mr. Cohn also said taxes raised 57 percent when Ms. Macklin was on council from 1998-2005 and she voted against attaching the wages of tax-delinquent elected officials.

Ms. Macklin said she wasn't sure the motion was legal, but believed it should apply to all delinquent taxpayers, not just elected officials.

Ms. Macklin and Mr. Briggs fired back that Mr. Cohn should be paying more taxes on his home and say he chooses not to pursue a reassessment. Allegheny County assessments say Mr. Cohn's home was taxed at a rate of $17,500, which includes a homestead exemption last year, and he paid $80.44 in county taxes on the home in March.

Mr. Cohn said he pursued an upward reassessment through the borough, county and school district in 2004 and received an upward reassessment in 2007.

Ms. Macklin said she hopes to restore fiscal responsibility and slammed last year's approval of a budget with about $1 million more in expenditures than the borough gained in revenues.

Mr. Briggs said his tax problems began with his termination in 2006, and he has worked out a payment agreement with the borough tax collector.

Collector Portnoff Law Associates declined to comment.

He also said despite his mistakes, he is connected to the borough's youth and residents in ways current council members are not. He said if elected, he will create job training initiatives for youth and encourage development in the area's most neglected neighborhoods.

Deborah M. Todd can be reached at dtodd@post-gazette.com or 412-263-1652.
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First published on October 29, 2009 at 6:18 am