County defense sought
Butler County Commissioner Jim Eckstein wants taxpayers to pay for his defense against two defamation lawsuits.
Eckstein said at the commissioners meeting Monday that any comments he made to anyone that led to the lawsuits were part of his job.
“I was doing my due diligence as a county commissioner,” he said.
Butler attorney Larry Rodgers is defending Eckstein.
In addition to a lawsuit filed by fellow Commissioner Dale Pinkerton, Eckstein faces a civil complaint filed by Butler state police Trooper Scott Altman and his wife, Lori Altman, county director of personnel.
Both lawsuits accuse Eckstein of defamation, causing intentional infliction of emotional distress and placing the plaintiffs in a false light.
The complaints allege Eckstein spread a false rumor that Pinkerton ensured Lori Altman received a 20 percent pay hike in return for her husband preventing Pinkerton from being charged with drunken driving.
The previous county salary board in December gave Altman the pay hike.
Pinkerton denies there was a DUI stop and a subsequent cover-up.
He said Monday the county should not pay for Eckstein's legal costs.
“This is personal,” Pinkerton said. “It has nothing to do with the job.”
The lawsuits also allege Eckstein contacted the state attorney general's office, accusing Pinkerton of misconduct.
The attorney general's office won't confirm or deny it's conducting an investigation.
While Eckstein denied he initiated a state investigation, he admitted telling other people there was an investigation under way.
“People have the right to know,” he said.
Eckstein claimed he didn't fabricate the information he relayed to others.
“I told the truth,” he said. “I didn't make it up ... I'm proud of it.”
Eckstein initially tried to get the county's insurer, Pennsylvania Counties Risk Pool, to defend him.
However, the risk pool, which is part of the County Commissioners Association of Pennsylvania, refused the request.
According to letters dated April 27, the risk pool only covers claims alleging bodily or personal injury, not defamation or emotional distress.
Since that avenue is closed, Eckstein now wants the county to defend him without the involvement of the insurer.
In a letter dated May 1, he requested the county provide legal assistance and indemnification, citing two passages in state law.
Under 8547 of the Political Subdivision Torts Claim Act, “When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and it is alleged that the act of the employee which gave rise to the claim was within the scope of the office or duties of the employee, the local agency shall, upon the written request of the employee, defend the action.”
The indemnity provision under 8548 states a similar set of requirements.
County solicitor Julie Graham said she couldn't advise the commissioners on whether Eckstein's request can be granted.
“I have a conflict,” she said. “I advise all three of you.”
Graham said most of the firms in Butler and Pittsburgh that she asked for quotes to give an opinion declined on the grounds they had conflicts or didn't have the time.
She said a Harrisburg law firm quoted a price of $415 an hour, or a total cost of $5,000 to $10,000, to render an opinion.
The county is seeking additional quotes.
Pinkerton said the county shouldn't pay for such an opinion.
“I'm paying for my attorney,” Pinkerton said. “Lori is paying for her attorney. Jim should be paying for his.”
Eckstein disagreed he was solely responsible for his defense.
“That's a bunch of hogwash,” he said. “I never would have been sued if I wasn't a commissioner.”
Eckstein said the lawsuits were filed to silence him.
“They can shut you up by suing the hell out of you,” he said.
Graham said the county is obligated to respond to Eckstein's request.
“There needs to be an answer,” she said.
The commissioners are set to further discuss the issue Wednesday.
Although the two complaints were filed separately, they were consolidated into one case on April 24.
Both lawsuits will be tried simultaneously, but there can be different judgments for each lawsuit.
Rodgers previously petitioned all county judges to recuse themselves from the case because there is, at least, a perceived conflict of interest.
Judge Thomas Doerr ruled each judge could only consider doing so after being assigned to hear the case.
Judges Michael Yeager and Marilyn Horan did recuse themselves after each was assigned to the initial lawsuit filed by Pinkerton.
Judge Kelley Streib was assigned the conjoined case next. Rodgers then petitioned for her recusal.
During a hearing Thursday, Streib indicated it wasn't likely she would recuse herself from the consolidated lawsuits.
Streib said she has no conflicts, so Eckstein and Pinkerton should be treated like everyone else.
She gave attorneys for both sides 20 days to file additional briefs before making a decision on Rodgers' petition.
