Fayette County Commissioner amends free speech suit
A Fayette County commissioner has taken a federal judge's advice and amended her lawsuit alleging her fellow commissioners violated her free speech rights.
Angela Zimmerlink, a Republican, filed the lawsuit in February in U.S. District Court in Pittsburgh against her Democratic peers, Vincent Zapotosky and Vincent Vicites. She alleged the two used their majority status to stop her from effectively expressing her opinion on various matters because she "has been a frequent and outspoken critic" of their policies.
Earlier this month, U.S. District Judge David Cercone issued an order indicating the lawsuit should be dismissed, but that he would instead provide Zimmerlink an opportunity to amend it. Cercone indicated Zimmerlink needed to clarify her free speech claims, and that she needed to provide specific examples so the court can determine whether legislative immunity applies.
Zapotosky and Vicites want the lawsuit dismissed on the grounds of legislative immunity, which protects elected officials from lawsuits tied to their official duties.
In the 10-page amended complaint, Zimmerlink alleges her fellow commissioners excluded her from various meetings in which matters were discussed prior to a public vote, leaving her with too little information to render decisions. Instead of voting on many of the matters, Zimmerlink indicated she was forced to abstain.
"As the sole Republican on the board, Zimmerlink is likely to be outvoted on many matters," wrote Zimmerlink's attorney, Jordan Lee Strassburger, in the amended complaint.
"Nevertheless, she has a right under the law to have the opportunity to be properly informed at all times regarding county business," Strassburger wrote. "Defendant commissioners have systematically and improperly used 'executive' and 'emergency' sessions, in violation of Pennsylvania law, to effectively disenfranchise the voters of Fayette County by keeping a duly elected commissioner, Zimmerlink, from fulfilling her responsibilities as a commissioner."
The filing cites numerous examples of instances in which Zimmerlink alleges Vicites and Zapotosky failed to give her prior notice of meetings they held with third parties to discuss various matters. They include meetings in January 2008 to discuss implementation of a hotel tax, in March 2009 to renegotiate a contract with human resources consultant Felice Associates, and in November 2009 to discuss a labor contract with Children and Youth Services.
In addition, Zimmerlink alleges her fellow commissioners met privately to discuss, and decide, various personnel matters. They include a December 2008 meeting regarding the pending hire of a veterans affairs director, a May 2009 meeting to hire an information and technology specialist, and an October meeting to hire two part-time receptionists.
Zimmerlink alleges that, in most of the meetings regarding personnel matters, Vicites and Zapotosky authorized actions they later ratified at public meetings.
Because she was excluded from the meetings cited in her complaint, Zimmerlink indicated she was forced to abstain from voting on the matters when they were put to a public vote.
Zapotosky and Vicites yesterday declined to comment on the complaint's specific allegations because the matter is in litigation.
"I have all the confidence in the world I never violated anyone's free speech rights," Zapotosky said. "I feel very confident in the judicial system."
Zimmerlink is seeking to have a judge declare her rights were violated and an order prohibiting future occurrences. She wants an unspecified amount in punitive, compensatory or nominal damages, and reimbursement of attorney's fees.
