Articles

Suit over firing by McKeesport ex-mayor settled in favor of plaintiff

Wednesday, May 19, 2004 By Jonathan Barnes

McKeesport officials recently settled one more case brought against the city during former Mayor Wayne Kucich's administration, and the former mayor may just have to pay for it.

William Franklin, a former McKeesport public works laborer hired during Kucich's term and fired by him in 2001, recently settled a lawsuit he brought against both the city and Kucich.

The lawsuit accused Kucich of firing Franklin on the last day of his six-month probation after the laborer switched political allegiances and quit supporting the mayor.

The city made a payout in the April 29 settlement, the amount of which Franklin's attorney, Samuel Cordes, said he was prohibited from disclosing.

He declined direct comment on the case, saying the allegations and firing resulted from a falling out that Franklin had with the mayor. Cordes said Franklin, of McKeesport, is prohibited from speaking about the case.

McKeesport council approved a motion last week allowing solicitor Jason Elash to settle the case for up to $40,000 in back pay.

The entire payout will be $52,000, with the city paying $37,000 of that amount and the remainder paid by the city's insurance carrier.

Elash said the city took the action to save money.

"We were going to have to pay a $25,000 deductible anyway. By paying another $15,000, we do away with the case. And we could have lost up to $125,000," he said.

The Franklin settlement brings to 14 the number of former employees who have sued the city for unfair treatment.

In October 2002, city council approved a $600,000 settlement in back pay and offered back their old jobs to 13 firefighters and police officers who were fired or demoted by Kucich.

The plaintiffs had said their demotions or firings in January 2000 grew from a political vendetta against them for supporting James Brewster, who was Kucich's rival in the preceding mayoral race.

McKeesport taxpayers footed two-thirds of the $600,000 settlement. The remaining $200,000 was paid by the city's liability insurance, but Kucich could become the target of an expected surcharge action, Elash said.

"We'll bring an action against him to try to get some of the money for these two cases."

The solicitor noted that the city had paid $850,000 in settlements in the two cases, $437,000 of which came directly from the financially distressed city's coffers.

"Our insurance premiums are going to go up again," Elash said. "We can't afford to have these things happen to us."