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County won't seek opinion on suits

Commissioner wants defense in 2 lawsuits

Butler County will not seek a legal opinion on whether taxpayers should fund Commissioner Jim Eckstein’s defense against two defamation lawsuits.

Although Eckstein had the item placed on the commissioners’ meeting agenda on Wednesday, neither he nor Commissioner Dale Pinkerton, one of the plaintiffs, would vote on the issue.

County solicitor Julie Graham said Eckstein and Pinkerton could vote because there wasn’t a quorum with just Commissioner Bill McCarrier.

However, both Eckstein and Pinkerton declined to nullify their abstentions.

“I’m not going back in,” Eckstein said.

McCarrier said there was no point making a motion if no one else would vote. He suggested the court could decide whether the county should defend Eckstein against the lawsuits.

Eckstein wouldn’t confirm how he would proceed.

“No comment at this time,” he said.

Eckstein is represented by Butler attorney Larry Rodgers.

Pinkerton said it would be unfortunate if the county was forced to defend Eckstein.

“This is a personal situation,” Pinkerton said. “It actually would be a crying shame.”

In addition to a lawsuit filed by 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.

Eckstein refused to accept any blame for the situation.

“I did not initiate this suit, nor do any of the things I’m accused of doing,” he said.

Graham deferred giving a legal opinion on the county’s responsibility to defend an elected official from a personal lawsuit, citing a conflict of interest. Her job is to advise all three commissioners.

The lowest quote the county received to render an opinion was from attorney John Pallone, a former state representative in Arnold, Westmoreland County.

Pallone, whose rate for government clients is $125 an hour, estimated he would spend 25 to 30 hours to answer the question for the county.

Eckstein’s argument for the county having to defend him is two passages in state law referring to property and bodily injuries.

He 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 on the grounds that defamation or emotional distress is not covered.

McCarrier expressed disappointment that recent events have led to such discussions.

“It’s a sad day in Butler County when this happens,” he said.

Eckstein agreed.

“I’m very disheartened by this thing, too,” he said.

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