Pittsburgh City Council votes — this time in public — to hire clerk

Pittsburgh City Council voted 6-2 Tuesday to appoint a new city clerk, a month after hiring her during a private meeting in apparent violation of Pennsylvania's Sunshine Act and a week after she started work.

Councilwomen Darlene Harris of Spring Hill and Theresa Kail-Smith of Westwood opposed the hiring of Brenda Pree, 53, who was sworn into office by Allegheny County Judge Alan D. Hertzberg, a former city councilman. Pree's annual salary is $94,432.

“I think it's a shame everything has to be done behind closed doors to make sure you have the votes before you come out publicly,” Harris said. “It isn't right. I think it's funny that we're even having a public vote.”

Council President Bruce Kraus, who supervises the clerk's office, said the city's Law Department approved of the hiring process. He provided an email from Assistant Solicitor Wendy Kobee, which said council may evaluate and discuss job candidates during an executive session. She said a “straw vote” during a private session would qualify as part of the discussion.

“Executive session is the privilege of elected bodies in matters of personnel, real estate and legal,” Kraus said. “We were guided by our Law Department and our human resources department every step of the way in this process.”

Melissa Melewsky, media law counsel for the Pennsylvania News Media Association, said public agencies are permitted to discuss hiring during a private executive session, but the Sunshine Act requires official action to happen via a public vote after the public has opportunity to comment.

“This agency went well beyond discussion and actually decided to hire during the executive session,” she said. “There is an appellate court case allowing a straw vote to narrow a field of candidates during a personnel executive session, but that is very different from what happened here. A straw vote isn't hiring someone during a private session then voting on it a month later, well after the employee already started working.”

Harris and Kail-Smith noted that council has traditionally promoted the city's deputy. They said Deputy Clerk Kimberly Clark-Baskin, who has worked in the clerk's office for 23 years, should have been appointed.

“For me it isn't about Brenda. She seems wonderful, and I think she is going to do a great job,” Kail-Smith said. “The deputy clerk was always appointed as the clerk. (Clark-Baskin) was not given the same consideration as every other clerk.

Pree, a Mississippi native, replaces Mary Beth Doheny, who retired last week.

Pree has worked in government for 18 years, including stints as a court administer in Mississippi and five years as city clerk in Jackson, Miss. She most recently served as elections manager in Fairfax, Va.

Pree said she hopes to streamline the clerk's office, making it more efficient, effective and accessible to the public.

“I'm absolutely elated to be here in the city of Pittsburgh and excited about the opportunity to lead the team here,” she said.

Bob Bauder is a Tribune-Review staff writer. Reach him at 412-765-2312, bbauder@tribweb.com or via Twitter @bobbauder.