Allegheny County Council on Jan. 2 approved a motion directing the county solicitor to evaluate the merits of filing an amicus curiae brief in the case Allegheny County Prison Employees Independent Union v. Pennsylvania Labor Relations Board. The motion (13788-26), sponsored on the record by Councilmember Howell, passed on a roll-call vote after discussion and questions about cost and scope of the solicitor's work.

Council members who spoke during discussion said the evaluation was intended to determine whether arguments should be presented to the courts because the case could affect the county’s ability to enact safety-related policies for the jail and, potentially, other legislative functions. Some members said they were reluctant to expend county resources if the work would be duplicative; others argued it was prudent to assess the issue promptly because the Supreme Court had agreed to hear the case.

The county solicitor, Frank, confirmed his retainer structure and said there would be no fee beyond his standard cap: “Not above the 5,000 per month,” he said when asked whether additional charges would apply. Councilman Walton voted against the motion and said during the roll call, “I’m on an island, and I’ll stay there. No.” The clerk announced the motion passed.

The solicitor will prepare an evaluation and report back to the full council, after which members said they will decide whether to instruct counsel to file an amicus brief.