Dec 7, 2021 4 min read

Monessen will retain special counsel to handle alleged improper recording of collective bargaining agreement negotiations with city employees.

City Council took the action at a special meeting last week. Mayor Matt Shorraw and council members Gil Coles and Donald Gregor approved hiring attorney Romel Nicholas of the Pittsburgh firm of Gaitens, Tucceri and Nicholas to work with the American Federation of State, County and Municipal Employees, District Council 83 (AFSCME) on the matter. Councilman Tony Orzechowski and Councilwoman Lois Thomas voted against the motion.

“The city has to protect itself,” Shorraw said. “Employees have serious concerns about it.”

Mayor-elect Ron Moser said he and former police chief John Manderino had been investigated in this matter and no charges were filed.

“The union has not filed a suit against the city,” Moser said. “This letter was six weeks old. Why would they hire a lawyer? Are they trying to protect the city or council or the union? I really don’t know.”

According to a letter dated Oct. 15 from Alidz Oshagan, of the Harrisburg law firm of Willig, Williams and Davidson, representing AFSCME, recordings of negotiations took place in 2018 at City Hall.

“AFSCME just became aware that certain city representatives took audio and video recordings of the collective bargaining sessions that took place in 2018 at City Hall without AFCSME’s knowledge or consent,” the letter read. “We believe that, at a minimum, the city’s video and audio recording is a violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act.”

Shorraw explained that the former city hall building – city staff and employees just moved into their current digs in September – had cameras installed in which the audio turned on automatically after 5 p.m.

“In 2020, we realized those cameras had audio capability,” Shorraw said. “No one knew they were recorded. In the footage the city has, the audio picked up private conversations, executive sessions, council meetings – which are open to the public – and it also picked up labor negotiations. We hired special counsel to work with AFSCME. I don’t agree with the cameras having audio.”

Moser said the system acts as a security system between 5 p.m. and 8 a.m., in which it is activated if motion is detected.

“It is possible that if they were moving around a lot during a contract negotiation that it was recorded, but it didn’t go anywhere,” Moser said. “It only means something if it is used.”

Shorraw said he sent footage of labor negotiations to AFSCME, but added that it has not been made public.

He did say he did post some meeting footage on Facebook.

“I don’t think people believed me that this was going on, so I posted the footage,” Shorraw said.

According to the letter from Oshagan, the Wiretap Act does contain a provision that the recording and disclosure of oral communications between parties who expected privacy without the consent of all parties is a felony offense. It continues that causes of action can include civil damages and attorneys’ fees, and the removal from office and employment of any public official and employee for violations of the Wiretap Act.

“While we are reviewing all of AFSCME’s legal options at this time, we demand that the city take steps immediately to ensure that any audio and video recordings of the collective bargaining negotiations taken without AFSCME’s knowledge or consent not be illegally disseminated, as the dissemination of those recordings would be a clear violation of Section 5703 of the Wiretap Act,” the letter read. “We further demand that the city ensure that any such audio and video recordings are preserved as potential evidence of a violation of the Wiretap Act.”

Oshagan did not return phone calls to explain further what steps may be taken on AFSCME’s behalf.

Shorraw said recordings were turned over to state police to investigate in 2020.

“They sat on it for a year,” Shorraw said. “When we put some pressure on them, they did an investigation. The footage seems to indicate that a third party had access to move the cameras and listen to these negotiations.”

Moser, who will take office Jan. 3, said a thorough investigation was conducted.

“State police said they found no evidence of wiretapping and they would file no charges,” Moser said.

When Moser takes office in January, council may revoke the motion to hire a law firm.

“It has to go away,” Moser said.