Allegheny County's Jail Oversight Board voted Thursday to select an applicant for the position of liaison to the jail despite a lack of public notification or opportunity for public comment in what one board member and several advocates are calling a violation of the Sunshine Act.
The board voted to select Karen Duffola, a drug court administrator and former probation officer, for the liaison position, a role intended to provide the board with reliable and consistent information about jail conditions. The move drew strong opposition from board member Bethany Hallam and a representative from the county controller’s office. The oversight board voted to authorize the creation of the jail liaison position in July 2021 and opened applications in August 2022.
Pennsylvania's Sunshine Act requires agencies to notify the public of any planned official actions, including votes, at least 24 hours before a public meeting and to provide “reasonable opportunity” for public comment on an issue before a decision takes place.
The agenda for Thursday’s meeting did not indicate the board would be voting on their selection for the liaison position. Although public comment was initially scheduled to occur in advance of any board business, board member Elliot Howsie reordered the agenda so the votes came first to accommodate board member Beth Lazzara, who routinely leaves meetings early due to prior engagements.
Hallam objected to the vote taking place without prior public notice or comment.
Howsie dismissed her concerns, arguing that the hiring process had been fair and alleging that Hallam’s objections were based on the fact that the board as a whole did not select her preferred candidate for the position.
Board members Abass Kamara, Terri Klein, Beth Lazzara, Kevin Kraus, Elliot Howsie, and Steve Pilarski voted in favor of hiring Duffola.
“I cannot protest this process and this supposed final choice strenuously or aggressively enough,” Hallam said in a statement after the vote, alleging that Duffola’s selection was tainted by favoritism and unsubstantiated objections to the “political leanings” of another candidate who Hallam argued “everyone agreed was the most qualified.”
Hallam also objected to Pilarski’s participation in the vote, alleging that his participation in oversight board business as a designee of Allegheny County Executive Rich Fitzgerald is not allowed by the state statute governing the board.
“The manner by which this was all conducted carries at least the perception of possible unethical behavior, which will undoubtedly only serve to seriously, seriously undermine the credibility of not only this liaison, but this whole entire board,” Hallam continued. “I am disgusted. I am disappointed in the way this entire process has gone, including the way that we are voting right now in clear violation of the law.”
Ryan Herbinko of the county controller’s office also objected to the vote on behalf of Controller Corey O’Connor, who is out on parental leave. Herbinko said O’Connor’s office had drafted a memorandum of understanding outlining the duties and responsibilities of the liaison position, which was not adopted by the hiring committee.
“If we don't have a proper framework in place with this liaison, then nothing's going to be accomplished,” he said. “We would want an MOU in place with this liaison before we even vote on it, or else it's not going to be anything worthwhile.”
The statutes governing the jail oversight board suggest neither the county executive or controller can send a designee, but the president judge and county council president can. Fitzgerald has frequently been criticized for failing to attend oversight board meetings. O'Connor is usually present.
Members of the public also voiced objections to the vote during public comment, echoing Hallam’s assessment that the board had violated the Sunshine Act.
Oversight members who voted for Duffalo's appointment did not respond to questions posed by Pittsburgh City Paper about the Sunshine Act violation allegations.
