Part of the network assumed an important role in city of Pittsburgh government and politics

Here is Part II of Rich Lord's excellent look at the intersection of influence, money, politics, and local government in the Pittsburgh region.

Monday, September 13, 2010

Second in a three-part series

Luke Ravenstahl had never been at the center of a large-scale campaign, hadn't raised much political money, lacked seasoned advisers, and had modest experience with city management when he became Pittsburgh's mayor upon Bob O'Connor's death in September 2006.

Within months, some of those gaps were filled by members of an informal network of professionals who have played prominent roles in the region's politics and governance.

Charles R. Zappala offered advice on development, and an energy efficiency firm he co-founded sold the city its services. Allegheny County Democratic Committee Co-Finance Chair Edward J. Grattan, with whom Mr. Zappala has done business, became a central figure in the mayor's campaigns, eventually getting involved in fundraising. John J. Verbanac, who works with Mr. Zappala at Downtown-based consultancy Summa Development, served as political mentor to the mayor, unofficial personnel adviser to the administration, and liaison to some developers.

Mr. O'Connor's inauguration at the beginning of 2006, and then Mr. Ravenstahl's ascent, came while the fiscally distressed city faced many challenges, some of which created opportunities for network-connected businesses to serve -- and make money. Some of those businesses lowered city energy bills, underwrote debt packages, and advised the Pittsburgh Water and Sewer Authority. A firm for which Mr. Grattan sought opportunities won infrastructure engineering contracts.

Mr. Verbanac served several roles.

In April 2007, for instance, he set up a legal evaluation of proposed terminations at the city's Urban Redevelopment Authority, monitored URA deliberations regarding a South Oakland development, and in an e-mail urged the mayor to reorganize administration staff "in one swoop." Recently, he has been involved in the mayor's efforts to resolve a pension crisis.

Mr. Verbanac is an $84,000-a-year communications consultant to the 10-county Southwestern Pennsylvania Commission, a member of Mr. Ravenstahl's fiscal roundtable, and a University of Pittsburgh trustee. His political experience includes stints as an aide to the late U.S. Sen. John Heinz, and later to former Sen. Rick Santorum, and his media savvy stems from time at Ketchum Public Relations, consultancy Brabender Cox, and a biweekly Harrisburg political publication called The Insider.

Asked about Mr. Verbanac's role with his administration, Mr. Ravenstahl said the reporter was "confused, and I'm not going to participate in your pursuit of something that doesn't exist. I'm insulted by it, to be honest with you.

"So I'm not going to respond to something like that. And if you want to quote that, feel free to. That's all I've got to say."

They 'have to go'

In February 2007, Mr. Ravenstahl predicted that the planned Bridgeside Point II biomedical building would epitomize "how we're going to revitalize this city." A product of Cleveland developer John Ferchill, its five floors of labs and offices are now almost fully leased out.

In some ways, discussions leading to the construction of the glassy box on the north bank of the Monongahela River have proved to be a pivot point in the city's redevelopment. They came at the beginning of a period of turnover among top development staff -- a leadership change in which Mr. Verbanac was closely involved.

The process that led to Bridgeside Point II started during Mayor Tom Murphy's administration in 2005, when the URA agreed to give a Pittsburgh developer, Madison Acquisition Co., a shot at building bio lab space in South Oakland's Pittsburgh Technology Center.

Madison Acquisition planned to spend $17 million building a shell to accommodate biotechnology labs, and then fit out the interior for millions more according to the needs of tenants expected to be linked to the university and medical community in Oakland. "I had a Pittsburgh architect, a Pittsburgh contractor and a Pittsburgh developer," said Blaise V. Larkin, president of Madison Acquisition, in a recent interview. "We didn't have any public money [in the financing plan]. Not one penny."

Two months into Mr. O'Connor's administration, URA officials disclosed in a city council hearing that Mr. Ferchill had similar hopes. Mr. Ferchill had proved himself locally during Mr. Murphy's administration, turning part of the old H.J. Heinz plant into housing, and building the first Bridgeside Point bio building in South Oakland.

The URA in early 2006 declined a plan submitted by Madison Acquisition, citing insufficient evidence of financing, and did not extend the firm's option to buy the site. "I objected vehemently," said Mr. Larkin, claiming that a term sheet he presented from a bank should have won URA acceptance. "There were some political rumblings that I didn't understand."

The URA instead worked with Mr. Ferchill's companies to redevelop the site, with Mr. Verbanac emerging as a liaison.

He was a key informal member of Mr. O'Connor's campaign and transition teams, according to several campaign officials and former city directors. Mr. Verbanac's attorney, William Pietragallo, wrote in a broad response to 21 questions from the Post-Gazette that Mr. O'Connor during his mayoral candidacy sought Mr. Verbanac's advice "on various matters and their friendship blossomed."

In 2006, with Mr. O'Connor in office, Mr. Verbanac denied to the Post-Gazette any "business interest whatsoever" with Mr. Ferchill, though he and the developer acknowledged knowing each other. In July of this year, Mr. Verbanac declined to be interviewed for this story, and Mr. Pietragallo's response did not directly answer three questions about Mr. Verbanac's relationship with Mr. Ferchill's companies and involvement in decisions leading to Bridgeside Point II.

Mr. Ferchill said he could not remember Mr. Verbanac's role in Bridgeside Point II.

In April 2007, Mr. Verbanac received URA communications written by then-Executive Director Jerome Dettore and Business Development Director Robert Rubinstein. In them, Mr. Dettore said a problem with an emerging financing package was "the collateralization [of loans] which Ferchill refuses to do," adding that the URA's goal was "to make Ferchills [sic] deal happen." Mr. Rubinstein called Mr. Ferchill's proposal not to fully collateralize parts of a proposed loan package "highly unusual, but not legislatively prohibited."

Mr. Verbanac wrote back: "Is Ferchill's position odd? ... Because if his position is odd, I'll push him hard." He closed by writing that "Tim Judson of the Ferchill Group will summarize the discussion. It will be coming to your tomorrow." Mr. Judson is the developer's chief investment officer.

In the days that followed, Mr. Dettore and URA General Counsel Don Kortlandt balked at an administration request that they fire several staff members, including Mr. Rubinstein, and declined to hire a community developer named Rob Stephany. Mr. Verbanac, in an e-mail, called those stances "incredible" and "insubordinate," and suggested that Mr. Stephany might be willing to wait a little while for a job offer.

"Jerry and [D]on have to go," Mr. Verbanac wrote in one e-mail.

Separately, he urged Mr. Ravenstahl, in an e-mail, to conduct "a reorganization, not a political purge. ... Those in power play dirty. You, the mayor, have the power now, but you must excercise [sic] it smartly. And that mean's [sic] measuring twice and cutting once."

Mr. Verbanac then helped to arrange for the administration to get a legal opinion from San Francisco-based law firm Littler Mendelson on the status of various URA staff members, including Mr. Dettore, Mr. Kortlandt and Mr. Rubinstein. "Littler is set up for you," he wrote to an administration official. "Once I make the introductions for you and I will be on the phone to help you with the first call, I'll step back so that no conflict develops."

Dated nine days after that e-mail, a draft opinion by Littler Mendelson, obtained by the Post-Gazette, said that the mayor could, without "any legal limitations ... terminate Dettore, Kortlandt, Rubinstein" and one other employee. The firm also approved legally of bringing in Mr. Stephany "to assist in the reorganization of the URA."

In the end, no one was fired, but leadership at the URA soon changed.

That June, Mr. Ravenstahl asked for the resignations of 11 city and authority directors, including Mr. Dettore, simultaneously inviting them to reapply for their jobs. The next month Mr. Dettore resigned, but didn't reapply.

Mr. Kortlandt resigned in December 2008. Mr. Rubinstein remains with the URA. After a brief interlude during which Pat Ford was the URA's executive director, Mr. Stephany assumed that post in 2008.

In October 2007, the URA finalized with Mr. Ferchill's companies a $46.5 million financing plan for the Bridgeside Point II site, including a $510,000 URA loan. The URA simultaneously agreed to finance, with federal grants and loans, the $12.3 million cost of a 723-space garage to accommodate Bridgeside Point II and potential future buildings.

Mr. Ferchill in a recent interview raved about the administration, calling Pittsburgh "the best town we've ever been in."

Changing of the guard

Network members did not always have the ear of city hall.

Mr. Murphy said he was never close to anyone in the network during his years as a state legislator. Nonetheless, when he became mayor in 1994, some network members "wanted to run the city's finances," he said. "The sense of entitlement was breathtaking."

"I said, 'Great, we're going to bid all of that out,'" Mr. Murphy said.

Mr. Murphy's first budget director, Rowan Miranda, now associate vice president of finance at the University of Michigan, was also committed to bidding out financial professional roles, even though state law does not require a competitive process. He said that local bond underwriters generally opposed that stance.

"The academic studies on competitive versus negotiated are unequivocal. Competitive yields lower costs," said Mr. Miranda, adding that some of the administration's smaller-dollar, more specialized financing work was awarded without competitive bidding.

The administration got pitches, Mr. Miranda said, from many financiers, including "Charlie [Zappala] and Greg [Zappala] and those folks, and I used to meet with them regularly.

"I think Charlie was a big supporter of [then-city Councilman] Bob [O'Connor]," Mr. Miranda said. "And Bob would sometimes make me a call and say, 'Rowan, these are good people, I want you to meet with them.'" So he did.

The Murphy administration's big bond underwriting jobs, though, went to other firms, including Smith Barney Inc., Lehman Brothers and Merrill Lynch. Sometimes the administration opted not to pick an underwriter, instead selling bonds over the Internet. That won an award for governmental innovation in 1999, but the administration's borrowing policies have also been criticized for saddling the city with debt that can't be easily refinanced.

Network members found other ways to stay involved with city affairs.

In 2000, Greg Zappala became the financial adviser to city council, getting a two-year contract totaling $36,000.

In 2003, then-23-year-old Mr. Ravenstahl challenged for a city council seat, gunning for an incumbent friend of Mr. Murphy. A political action committee funded largely by Charles Zappala, and his sometime business collaborator, insurance executive William K. Lieberman, donated a total of $1,500 to Mr. Ravenstahl's campaign. That accounted for one-tenth of the war chest the newcomer used to topple Councilwoman Barbara Burns by 10 percentage points.

At the end of 2004, Charles Zappala donated $10,000 to Mr. O'Connor's third mayoral campaign, making him one of 44 five-figure donors to the heir apparent.

After Mr. O'Connor's win, Mr. Verbanac sat in on interviews with incumbent directors, according to several of those directors.

In December 2006, Mr. Verbanac drafted the speech Mr. Ravenstahl used to announce his bid to win at the polls the office he ascended to upon Mr. O'Connor's death. "If the mayor doesn't want to read a speech," Mr. Verbanac wrote then in an e-mail to city Chief of Staff Yarone Zober, "that's his decision but I would encourage him not to freelance."

'Something McTish could do?'

Copied on the campaign kickoff speech and other campaign-related e-mail from Mr. Verbanac was Mr. Grattan.

Mr. Grattan did not respond to 13 questions posed by the Post-Gazette in July, and declined in April to discuss with the newspaper his business and political dealings. In a 1999 deposition in a state court defamation suit filed against him he said he "was in the waste business" before moving on to "business consulting" with a firm that became PrimeSolutions Capital Corp. He and Charles Zappala created separate companies that jointly owned an Illinois landfill in the early 1990s, according to an affidavit Mr. Grattan filed in a federal civil court case filed against him by a former partner.

In January 2008, Mr. Grattan wrote an e-mail to a URA official, who has since left that agency, referencing an emerging project to widen Carson Street. "So I don't forget would Carson Street project be something McTish could do??? " he wrote.

McTish, Kunkel & Associates, a Wilkins-based engineering firm, didn't get the job of managing part of the widening of East Carson Street. Consideration of the project was delayed until later that year, and another firm got the job of engineering it.

In the meantime, though, the URA board voted in March 2008 to hire McTish, Kunkel, for $525,000 to manage site preparation for the Pittsburgh Technology Center infrastructure improvements, near the site Mr. Ferchill was developing. Trumbull Corp. had submitted a lower bid, at $510,000. But construction management is a professional service, and state law does not require that such jobs be awarded to the lowest bidder.

Mr. Stephany said that the URA was trying to widen the pool of contractors it used, and allowed McTish, Kunkel to pare down a proposal that was "overkill." The firm lowered its price to $425,000, the amount appearing in the May 12, 2008, contract it inked with the URA.

That process spurred City Controller Michael Lamb's office to launch an as-yet-incomplete audit of contracting processes at the URA.

Construction engineering firms tend to be big political donors.

Trumbull Corp.'s political committee contributed $3,000 to the mayor's campaign coffers in 2007, and $5,000 in December 2008.

McTish, Kunkel President Matthew McTish donated $10,000 donation to Mr. Ravenstahl's campaign at a May 8, 2008, fundraiser, according to reports filed with the county Elections Division. Mr. McTish previously made a $10,000 contribution to Mr. Ravenstahl's campaign in late 2006. He could not be reached for comment.

The list

In March 2008, an official who has since left the city sent Mr. Grattan a list of more than four dozen people who had done business with, or sought to do business with, or asked for help from the city or its agencies. Among them were Mr. Ferchill, several other developers, engineers, architects, contractors, and sports team executives.

Asked whether he was aware of the transmission of the list, Mr. Ravenstahl said, "I don't know what you're talking about, so I don't know."

The mayor held several political fundraisers in 2008, including one in May and a November event headlined by former President Bill Clinton. Two days before the latter event, the mayor's campaign paid Mr. Grattan $9,500, according to its filings with the Allegheny County Elections Division, for "travel & event deposit." Filings indicate that Mr. Grattan later reimbursed the campaign $6,300.

Between the date the list was sent to Mr. Grattan, and 2008's end, the mayor's campaign got checks tied to 30 of the people on the list -- usually directly from them, other times from their business associates, businesses, or political action committees to which they were connected. Members of Mr. Ferchill's firm, for instance, donated $5,000 to Mr. Ravenstahl's campaign at a May 2008 fundraiser, adding to the $8,000 that firm members gave his campaign in 2006.

The mayor's receipt of contributions from more than half of the people on the list is "a very powerful statement of the power of campaign contributions," said Barry Kauffman, executive director of Common Cause PA, a watchdog group which has pushed for years for statewide campaign contribution limits. "In an ideal world, that should never occur."

"It shouldn't surprise anyone," said Pittsburgh City Council Finance Chairman William Peduto, who championed campaign contribution limits that council passed, and the mayor signed, last year. "It's the 21st century version of the political machine."

Mr. Peduto lost the 2005 Democratic mayoral primary to Mr. O'Connor, and in 2007 filed to run, but withdrew from the primary, leaving Mr. Ravenstahl alone on that ballot.

"Decisions aren't made to benefit Pittsburgh," Mr. Peduto said, "but instead [based on] how to make contractors into contributors, and contributors into contractors."

The city's ordinance does not bar its contractors from making campaign contributions.

Mr. Ravenstahl has repeatedly said that there is no connection between city contracting and political contributions. "I would argue that the time frames of when these contributions are being made, if they would happen to be around the same time [as contracts], are coincidence rather than something that is planned," he said last year.

Bonds and watts

After Mr. O'Connor's inauguration, network-related businesses quickly became more involved in the city's efforts to address its budget problems.

J.P. Morgan Securities, for which Greg Zappala managed the Cranberry office, became the city's main financier.

J.P. Morgan shared with PNC Capital Markets a $1.176 million underwriting fee on a $242 million debt package issued by the city in 2006, under Mr. O'Connor. City Finance Director Scott Kunka said then that no competitive process was required, explaining that the new mayor "had a long-term, pre-existing relationship with J.P. Morgan."

The following year, with Mr. Ravenstahl as mayor, J.P. Morgan got $242,345 to co-underwrite a $159 million debt package at the Pittsburgh Water and Sewer Authority.

In 2008, the firm was one of three underwriters who shared a $316,932 fee for a city bond sale.

That same year, J.P. Morgan shared with two other firms $1.27 million in fees on a complex, $414 million borrowing by the water authority. The authority debt became an election issue in 2009, when Councilman Patrick Dowd, a mayoral challenger and water authority board member, called it "a perfect example of reckless decision-making." Wild gyrations in global financial markets caused its cost to temporarily skyrocket, and spurred the cancellation of debt guarantees that were replaced at an additional cost of around $700,000 a year.

Greg Zappala left the finance world last year, choosing to focus on his other businesses.

CLT Efficient Technologies Group, a firm co-founded by Charles Zappala, in 2007 got a $2.2 million contract to replace city traffic lights with models that use less electricity. The city's holiday-season request for proposals to do that job drew two submissions from among the 18 firms then certified to do energy savings contracting in the state. A third firm asked for an extension of the 15-day deadline to submit proposals, but the city declined. The losing bidder proposed charging the city $3 million.

Mr. Lamb said recently that the city got a good deal. CLT's final bill was only $1.87 million. That means that the anticipated energy cost savings of $542,000 per year should soon eclipse the costs.

Both Charles Zappala and Greg Zappala declined to be interviewed for this story. Through his attorney, Richard A. Sprague, Charles Zappala opted not to respond to 34 written questions on his business dealings, partnerships and political involvement, characterizing the inquiries as "personal."

Not always heeded

Later in 2007, CLT competed for, but failed to win, a $25 million energy savings consulting contract let out by the Pittsburgh Housing Authority.

In 2008, Charles Zappala sent to Mr. Zober, who is the URA's board chair, two pages of "action items" and "themes" for advancing Oakland development. Key parts of the advice, including a suggestion to hire urban design firm Calthorpe Associates to craft a plan, went unheeded.

Additionally, the network did not get the biggest development prize in the city: its lone slots casino license, awarded by the state Gaming Control Board. Mr. Zappala was part, along with Mr. Lieberman, of a group including Forest City Enterprises and Harrah's that wanted to build a casino at Station Square. Mr. Verbanac was a consultant to the effort.

In 2006, while Mr. O'Connor was mayor, the city Planning Department issued a 135-page report rating Forest City's proposal far better than two rival bids. The city submitted the report to the Gaming Control Board, which nonetheless picked a different team with a North Shore site.

The proposal that would become the Rivers Casino, though, was beset with lawsuits and financial problems. During the legal fights and construction troubles, Mr. Verbanac sent the administration occasional reports, noting problems the owners were having with financing and construction contracting.

Mr. Verbanac in 2007 wrote to city officials that he was "a joint development partner" with Forest City for the site of the former Hazelwood coke works, controlled by a group of foundations. Forest City had, since 2003, been considered a leading candidate to develop the 178-acre site, viewed as a prime spot for housing, office, research, retail and marina space, plus soccer fields or tennis courts.

Mr. Verbanac in 2008 urged Mr. Zober not to transfer state dollars away from that project to another development, writing that if the city made such a move without telling him first, it "cuts my legs totally out from underneath me with my business partners" and others. Days later, he received, by e-mail, a detailed account of administration talks with nonprofit institutions involved in that brownfield site, and responded that it "[g]ives me further confidence."

"This type of activity should be covered by the [city] lobbying law, if it's not already," said Mr. Kauffman of Common Cause. Last year city council passed an ordinance requiring registration of representatives who are paid for "attempting to influence municipal legislation on behalf of any other person," but not specifically demanding disclosure when someone advocates to the mayor's administration or authorities in regard to matters other than legislation.

Mr. Verbanac is not registered to lobby the city or state, and has said that what he does is not lobbying. "I pursue development projects as a consultant or as an equity participant, when I deem it appropriate," he said in a March interview.

"The fact of the matter is that Mr. Verbanac is a private businessman with a unique and meaningful skill set that involves expertise in government, business and politics," Mr. Pietragallo wrote on Mr. Verbanac's behalf. "His experience qualifies Mr. Verbanac to act as an advisor on multiple policy, political and business matters."

"Mr. Verbanac has acted as a trusted and respected informal advisor and friend to the Mayor's Office," Mr. Pietragallo continued. "He is not unique in this regard. ... Sometimes Mr. Verbanac's advice is followed; other times it is not."

Mr. Verbanac's success is built on governmental experience and a knack for moving conversations forward, said Charles Camp, a Beaver County commissioner who chairs the Southwestern Pennsylvania Commission, which plans transportation improvements.

"John has a lot of good information from Harrisburg and Washington," Mr. Camp said, earlier this year. "He facilitates a lot of the [commission's] discussions, because you've got a lot of egos there. ... John's really good at handling such discussions -- excellent, in fact."

Mr. Peduto, a Southwestern Pennsylvania Commission member, called Mr. Verbanac's multi-pronged involvement "just another example of why we need to reform Pittsburgh government."

"When leadership makes decisions based on politics, and not policy, they harm city residents, and create ill-conceived policy decisions," Mr. Peduto said, adding that the "political machine" is "defended by those who profit from it."

A 2008 dispute between council members, including Mr. Peduto, and the administration over city billboard permits sparked a U.S. Attorney's Office probe. A grand jury subpoena from that year, obtained by the Post-Gazette, shows that in connection with the probe the U.S. Attorney's Office sought a broad range of communications, including those between the administration and Mr. Verbanac. The probe has not resulted in any charges, and the U.S. Attorney's Office would not comment.

Mr. Ravenstahl said his administration has not fielded any federal inquiries in relation to the billboard controversy.

Seeking solutions

The network's role in the Ravenstahl administration continues.

When the mayor wrote to state Sen. Jane Orie a year ago to provide her with information on the city's pension plight, he copied Mr. Verbanac. The city's $717 million pension shortfall is driving the mayor's push to lease city parking lots and meters, and to seek tax changes.

In February, when the mayor created a panel to identify, and then advocate for, solutions to the city's pension fund shortfall, he included Mr. Verbanac. That placed him at the table with Pitt Chancellor Mark Nordenberg, Mr. Lieberman, Allegheny County Labor Council President Jack Shea, city Council President Darlene Harris and other civic leaders.

In 2008, another part of the network became involved with city business when the Pittsburgh Water and Sewer Authority hired Wilkinsburg-based consulting firm Resource Development and Management to analyze its operations, for $85,000. RDM, which brings in millions of dollars of revenue every year managing water systems, includes in its ownership group former county development director James J. Dodaro, a law partner in the 1970s of former state Supreme Court Chief Justice Stephen A. Zappala Sr., older brother of Charles.

Last year, Utility Line Security, a firm that shares some owners with RDM, got a contract with the water authority to provide every city household with water and sewer line warranties, for $5 a month, unless they opted out. That pact drew the attention of the state attorney general's office, and the ire of some council members, exposing to scrutiny a part of the network that has built a business on a foundation of water.

Read more: http://www.post-gazette.com/pg/10256/1087107-455.stm#ixzz0zPXoBtsk

The network: How government, politics and enterprise intersect in this region

If you paid taxes in Allegheny County in the last 20 years, a sliver of the bill went to members of an informal network of people whose businesses make millions providing services to government, while some simultaneously play roles in politics.

Stop at one of Pittsburgh's new, energy-efficient traffic lights, and you're looking at the work of a company co-founded by a member of that network, built significantly on tax dollars, and then sold for millions to an out-of-town corporation.

Pay a water bill in Pittsburgh, Greensburg, Johnstown or Sewickley, and a portion trickles down to members of that same network, building to a multimillion-dollar flow. A contract that produces a stream of that flow is under scrutiny by the state attorney general for possible consumer protection law violations by the Pittsburgh Water and Sewer Authority, and is the subject of two civil lawsuits.

The Pittsburgh Post-Gazette, for six months, has explored an informal network of managers, lawyers, consultants, financiers and other professionals that has evolved over 20 years and affects how your government operates, and what it costs. The newspaper's findings will be published over three days, and illustrate the way government, politics and enterprise intersect in this region.

While not the only such network in the region, the one including former Turnpike Commissioner James J. Dodaro, businessman Charles R. Zappala, consultant John J. Verbanac and others is notable for its endurance, evolution and impact on the region's governance.

Mike Dawida, a former Allegheny County commissioner who teaches at California University of Pennsylvania, said some of the network's members supported his successful campaign in 1995, and "were always pitching something" during his four-year term. "They didn't ever do anything illegal," he added, and government is "what they know better than anybody else."

"They're amiable. They're charming. They live lifestyles that are enviable," he said. "These weren't bad guys, but they weren't necessarily in it for the good of the people."

The network emerged from the late Allegheny County Commissioner Tom Foerster's 1980s administration, evolving into a collection of professionals linked by family, business, lawyer-client, political and industry affiliations.

"That governmental network was something that led to the genesis of a lot of the things that we've been able to do," said Mr. Dodaro, whose firms have been involved with many regional developments, from the construction of schools and the management of water authorities to the emergence of North Braddock, Homestead and East Pittsburgh from fiscal distress.

He added that people who have served in government sometimes face a perception issue when they leave. "When relationships assist them in developing business contacts, it's called political. When it occurs in business, it's called networks."

Network interactions with government continued through changes in control of Allegheny and Westmoreland county governments, the elections of Allegheny County Executive Dan Onorato in 2003 and Pittsburgh Mayor Bob O'Connor in 2005, and the 2006 ascent of Mayor Luke Ravenstahl upon Mr. O'Connor's death.

Pittsburgh Controller Michael Lamb has clashed with members of the network. That happened most recently in March, when he wrote to Southwestern Pennsylvania Commission leadership in regard to an $84,000-a-year contract that agency has with Mr. Verbanac, and then received a critical e-mail from Mr. Zappala, a former SPC commissioner.

"The problem is," said Mr. Lamb, "when you've got individuals who portend to have some special relationship or some influence over public process, or some special relationship to a public entity, that hurts the entity's credibility."

Some laud their work, saying they bring invaluable expertise to governments that are strapped for expertise and money.

"I view them as sharp businessmen trying to do business," said Rowan Miranda, who served as budget director for the city of Pittsburgh and, later, Allegheny County in the 1990s, and now is associate vice president of finance at University of Michigan. "I don't view these folks as people out to subvert the public interest."

Deep roots in the county

The Post-Gazette obtained contracts, examined business and court records, tracked campaign contributions, and conducted interviews in an effort to understand, map out and describe the network.

The Post-Gazette documented $32 million in payments to network-related businesses by Western Pennsylvania municipalities or agencies, or by the state on behalf of area governments, from 2005 through 2009. The biggest contract was one held by Wilkinsburg-based Resource Development and Management, which was paid $19.53 million during that period to handle all operations of the Greater Johnstown Water Authority. Other pacts that paid seven figures over that period were RDM's contract to provide upper management to the Municipal Authority of Westmoreland County, and CLT Efficient Technologies Group's agreements to help governments including the city of Pittsburgh and the West Mifflin Area School District to shave their energy costs. CLT, co-founded by Mr. Zappala, was bought by Baltimore-based Constellation Energy last year for $20.8 million.

The Post-Gazette also identified 31 local bond deals with which network financiers were involved since 2001. Some brought in six-figure underwriting fees. Network members have since left the bond underwriting business.

Some of the involved individuals resist any suggestion that they are a network that has had an impact on the region.

"Define for me who would be involved out of the Foerster era," said former state Supreme Court Chief Justice Stephen A. Zappala Sr., whose brother, Charles, has been involved with finance, development and energy savings companies. "I was part of [the Foerster administration], but I left the administration, and went on the Supreme Court in 1982. ... I'm kind of lost. I don't know what you would mean as far as impact."

With origins in Allegheny County's bureaucracy, the network's involvement with the region's largest government has ebbed and flowed, and manifested itself in many ways. Network members or related businesses have invested county pension money, underwritten bond debt, counseled county council on legal matters, taken seats on authority boards, and obtained fees from sheriff's office bank deposits.

Asked about network business with the county under his watch, Mr. Onorato said that no one has gotten special treatment. "Anybody wanting county business, you've got to go bid, you've got to win it on the merits, and don't call this office," he said.

One hard-fought contest on Mr. Onorato's watch, for the job of auditing energy use at the Allegheny County Airport Authority, went not to network-related CLT, but to a competitor.

Mr. Onorato said his insistence on bidding has sometimes angered some who have sought county contracts, whom he would not name. "Did I have examples over my six and a half years where people complained? Yes," he said. "I've had that happen more than once."

Going private

The network's many interactions with Allegheny County government reflect its roots in the middle period of Mr. Foerster's seven terms as a commissioner, when two friends ran county development efforts.

Mr. Dodaro said in a recent interview that he was a young man when he was introduced to Stephen A. Zappala Sr. by a mutual friend. They became close enough that Frank Zappala, the justice's father, sponsored Mr. Dodaro's application to Duquesne University School of Law.

"Throughout law school, I remained in contact with Steve Zappala Sr.," Mr. Dodaro said, and in 1969 he joined the law firm Zappala & Zappala. "Law and government was kind of my interest and ... the direction I really wanted to take."

Mr. Dodaro and Stephen A. Zappala Sr. became law partners starting in 1978 in a new firm specializing in municipal solicitorships, along with John F. Cambest. Mr. Zappala and, later, Mr. Dodaro worked their ways up to the top development post in Allegheny County, followed by Joseph M. Hohman.

Mr. Zappala left the county to follow his father, a state representative and then district judge, into the judiciary, reaching the Supreme Court in 1983 and serving as its chief justice for one year, 1992, before retiring.

Mr. Dodaro was promoted to director of development in 1979. Five years later, he was elevated by Mr. Foerster to county solicitor, and appointed by state officials to the Turnpike Commission.

Mr. Zappala said in a 1998 interview with the Post-Gazette that his recommendation helped get Mr. Dodaro a seat on the Turnpike Commission, but in a recent interview the justice said he had no recollection of that. Asked whether he viewed it as appropriate to help advance friends or family while in public office, Mr. Zappala said, "I have no public thoughts on that."

Mr. Dodaro said that the justice's role in the nomination may have been informal, springing from the Senate confirmation process. "There are individuals in the Senate, who obviously, at the time when my name came up, did not know me, who may have known the chief justice, and may have known of my relationship to him, and may have called him" for insights, Mr. Dodaro said.

Outside of government, Charles Zappala co-founded the finance firm Russell Rea Zappala & Gomulka in 1982, one of numerous businesses -- including several with names including the initials RRZ -- with which he would be involved.

Charles Zappala declined to be interviewed, saying reporting on a network and its history "makes no sense to me." He asked for written questions, and the Post-Gazette posed 34 questions about his views on local governance, involvement in businesses that worked for public entities, appointments to public boards, participation in electoral politics, interactions with administrations, and business relationships with other network members. His attorney, Richard A. Sprague of Philadelphia, responded that the questions "go into personal matters" and that Mr. Zappala would not discuss personal matters.

RRZ Public Markets Inc., a bond underwriting firm, built a strong local base. An Internal Revenue Service document listing 82 governmental debt deals done by RRZ from 1989 through 1997 includes 63 done for Western Pennsylvania agencies, including the Municipal Authority of Westmoreland County, Allegheny County Sanitary Authority and Allegheny County Institution District. Among other clients listed was the Turnpike Commission.

By 1990, Mr. Dodaro, Mr. Hohman and development department administrator Joseph G. Brimmeier were, as veterans of the county politics of the time put it, "the up-and-coming young Democrats." In 1991, after a contentious race for county prothonotary split Foerster administration insiders, Mr. Dodaro and Mr. Hohman left, as solicitor and development director, respectively.

"Mr. Foerster and I had a long conversation prior to my leaving, and he in essence said, 'Joe, as long as you want to be here, you can be here,' " Mr. Hohman said in a recent interview. He said he and Mr. Foerster "were probably not interfacing as much as we [had previously] on a daily basis ... It just felt like the right time to make a move."

Mr. Hohman formed RDM on Dec. 3, 1991. Mr. Dodaro later became a shareholder and is now its executive vice president. Completing the incorporation paperwork was William G. Brucker, who then was the law partner of Stephen A. Zappala Jr., now the Allegheny County district attorney.

Six weeks later, RDM won its first contract, which paid $700,000 a year to manage the Municipal Authority of Westmoreland County. RDM's client list would subsequently grow to include numerous water authorities, municipalities and counties -- though not Allegheny County.

County changes, network adjusts

Years of relative calm in county government gave way in 1995 to a decade of turbulence. Even as Allegheny County's leadership and structure changed, shifting arrays of network members continued to do business with it.

In 1995, Mr. Dawida beat Mr. Foerster in the Democratic primary, with, he said, some help from the network. "They were for me, I think, but not in such a gigantic way that anybody would notice," Mr. Dawida said, "but mostly because they were against Foerster."

That year, Republicans won the majority on the three-seat commission. After 19 months of Republican control, Mr. Dawida in 1997 teamed with Republican Bob Cranmer to form a bipartisan commission majority.

Mr. Dawida said he doesn't think his backers got much back for their support during his tenure. "They probably wanted more than I was willing to give," he said. "They didn't ask me anything illegal."

Greg Zappala took from his uncle, Charles, a lead role in RRZ Public Markets during that period, and the firm gained a role in county bond deals in 1996 and 1999.

Mr. Brucker became outside legal counsel to the office of the district attorney, who is his former partner, Stephen A. Zappala Jr. Mr. Brucker's firm has earned between $44,900 and $69,600 advising the district attorney's office in recent years. Mr. Brucker also is the district attorney's longtime campaign treasurer.

Mr. Brucker would not comment on his role with the district attorney's office, other than to say it is a matter of public record. Asked about his role in incorporating network-related businesses, he would not comment, other than to say, "I ask you as a private citizen, why you are invading my privacy as a private citizen?"

Mr. Cambest -- the third partner in the 1970s law firm Zappala Dodaro & Cambest, and now with Dodaro Matta & Cambest -- became the solicitor for Democrat-dominated county council. In recent years, Mr. Cambest has earned between $38,500 and $82,500 a year for his work for county council, one of dozens of governmental clients his firm serves.

Mr. Cambest's roles as lawyer for the bipartisan council and, separately, for the Allegheny County Democratic Committee is a combination deemed "unseemly" by former Councilman Dave Fawcett, an attorney who served as a Republican but has since become a Democrat. "The general citizen would think that something's not right with that picture."

Mr. Cambest said there is no conflict between the roles.

"I've not been involved, to my recollection, with any election disputes or contests between county council people," he said. "Normally, those are done with independent counsel."

His committee role is "purely inside Democratic Party politics."

Such a dual role typically "makes people uncomfortable," but isn't necessarily a conflict of interest, said Professor Geoffrey C. Hazard Jr., a legal ethics specialist at the University of Pennsylvania Law School. "There could be conflict between the fiduciary responsibility of the county council and the more partisan interest of the party. But if the lawyer stays out of [that matter], that would be a normal practice."

Mr. Cambest also earned around $15,000 a year doing legal work for former Clerk of Courts George Matta, before the clerk's office was eliminated in a round of row office reductions.

Mr. Cambest "was a personal friend [whose] firm has high qualifications within the legal community" with "ability to understand county government," Mr. Matta said in a recent interview.

Asked whether he was part of a political-business network, Mr. Matta said, "I'm not sure whether I was or not."

Mr. Matta is now development director for the Rivers Casino, one of three slots businesses that have formed the Pennsylvania Casino Association. That association previously counted former Justice Zappala as its chairman and director, and he said he continues to assist it on an as-needed basis. Mr. Matta's brother, Gary, is Mr. Dodaro's and Mr. Cambest's current law partner, just as Mr. Zappala was in the 1970s.

Retirement fund losses

The county's Retirement Board governs its pension investments, and in 2000, its seven members included four elected officials: the Republican County Executive Jim Roddey, and Democrats George Matta, Treasurer John Weinstein, and then-Controller Onorato.

That year, the board decided to diversify its portfolio. Two firms with ties to the network joined six others in winning management of county pension investments.

Charged with investing a $75 million chunk of the fund was RRZ Investment Management, one of Charles Zappala's business interests. RRZ's negotiated annual fee -- initially $300,000 based on a $75 million balance -- was not the highest of the fees, which were negotiated based in part on the type of investments each manager would make.

Trusted with a $31 million share was MDL Capital Management. Its different annual fee entitled it to $66,500 a year based on that initial balance. Disclosures filed by MDL with the Securities and Exchange Commission show that a non-controlling stake in the firm was held first by Charles Zappala, and later by Janus-St. George Group Ltd., for which state records list Mr. Zappala as president.

The Retirement Board took its funds away from RRZ in 2002, in part because of the retirement of a firm manager. RRZ's county portfolio had dwindled to $43 million, roughly mirroring overall stock market declines.

"We canceled their contract, for performance," Mr. Roddey said recently. Among his many civic roles, Mr. Roddey is the paid alternate arbitrator for the close corporation agreement governing Block Communications Inc., which owns the Post-Gazette.

Mr. Onorato, then still controller, was the lone vote against dismissing RRZ. He said recently that his vote was driven by a sense of fairness.

"Everybody lost money at the time," Mr. Onorato said. "I had questions about how they were reviewing the performance of all of the money managers ... When do you pull the trigger? Why not [withdraw from] everyone who was losing money?"

MDL, run by Mark D. Lay, from Aliquippa, also won investment contracts from the Port Authority, several state agencies, the University of Pittsburgh and the Ohio Bureau of Workers' Compensation. But his firm lost hundreds of millions of dollars in Ohio tax dollars through risky investments outside of agreed-upon guidelines.

MDL in 2005 was earning quarterly fees of around $13,000 on a Retirement Board portfolio that had wilted to $22.5 million. Mr. Onorato was in his second year as county executive, and said he joined other Retirement Board members in deciding to pull the funds out of concern that MDL's problems in Ohio would sink the entire firm.

Indeed, they did. Mr. Lay was charged with fraud, found guilty in 2007, and sentenced to 12 years in federal prison.

A rising star

Dan Onorato was a city councilman from Brighton Heights in 1998 when West Deer businessman Rock Ferrone first heard about him from Charles Zappala and Edward J. Grattan, with whom Mr. Ferrone was negotiating a possible business venture.

"Grattan called me," Mr. Ferrone recently recounted, "and said that Charlie Zappala had this rising star named Dan Onorato whom he was supporting for [county] controller and who he thought was going to be governor some day."

Mr. Ferrone never consummated the partnership, nor did he become a fan of Mr. Onorato. He has an ongoing lawsuit alleging county sabotage of his development efforts.

Charles Zappala donated $10,000 to Mr. Onorato's 2003 campaign for county executive. There are no limits in Pennsylvania to contributions to county or state campaigns. Under campaign finance limits Mr. Onorato proposed in 2009, but which county council hasn't acted on, an individual would be allowed to donate no more than $2,000 to a countywide candidate in a primary, and then again in the general election.

In the first month of Mr. Onorato's first term, in a rare double appointment, the new executive nominated Charles Zappala to seats on the Regional Asset District board and Southwestern Pennsylvania Commission.

"For RAD, I was trying to bring in some business people," said Mr. Onorato. "Charlie had an interest there."

Regarding SPC, which plans regional transportation improvements, Mr. Onorato said there was "good synergy" between the agency and Mr. Zappala, who has long been interested in development.

Mr. Zappala in 2005 co-founded Summa Development, where he works with Mr. Verbanac, who has since 2000 been a communications consultant to the SPC. Mr. Zappala resigned from both boards when he became involved in an ultimately unsuccessful bid to win a slots license.

Also in January 2004, Mr. Onorato nominated Mr. Dodaro to the Port Authority board, a seat he still holds. Mr. Onorato noted recently that Mr. Dodaro has transportation experience from his years on the Turnpike Commission, and his knowledge has proved useful in the Port Authority's effort to forge public-private partnerships to develop park-n-ride lots.

Mr. Roddey said that those two nominees share a history of turning board appointments into fundraising clout. "Their modus operandi has been to get business from the county, or to serve on boards where they can have access to companies that can donate ... to board member causes," said Mr. Roddey. "I'm not saying that they're not good board members, or that they've done anything wrong."

Mr. Onorato said his hundreds of appointments should be judged as a whole, not based on a handful of picks. He said he has bolstered boards' gender, race, age and economic diversity. In 2006, he ordered the administration to track the age, gender, race, disability status and ZIP code of all board members.

Some of his appointments have drawn fire from county council Republicans, though some reluctantly voted for them.

"It seems like it's the same pattern of people who are connected," said Councilman Vince Gastgeb, R-Bethel Park. "I think you might be better served by appointing people who aren't politically tied."

Ties and bonds

As Mr. Onorato was campaigning for executive in 2003, Greg Zappala sold home-grown RRZ Public Markets to New York-based J.P. Morgan Securities, where he became the local managing director with an office in Cranberry.

In 2004, as Mr. Onorato's administration prepared for its first major bond borrowing, a $170.8 million debt package, it asked for bond underwriting proposals from 20 investment banks. Sixteen responded.

The administration gave the senior underwriting role to J.P. Morgan Securities, granting subordinate roles to six other firms. Getting the lead role gave J.P. Morgan the largest share of the $683,340 in underwriters fees paid from the proceeds. At 0.4 percent of the proceeds, the underwriters' share was the largest, as a proportion of the amount borrowed, of any comparable debt deal the county did from 2003 through 2008. It is smaller, though, than the share that underwriters got on a Goldman Sachs-led debt deal done for the county last year.

County Finance Director Amy Griser said the administration chose J.P. Morgan to lead the effort because it wanted a Wall Street firm with a lot of capacity. The county, she said, was guided by its one-page underwriter selection policy requiring that it invite all known underwriting firms to submit proposals, then pick one based on price, experience, and the type and size of the borrowing.

Ms. Griser said the county could have set the underwriter's fee lower -- probably at 0.35 percent or 0.375 percent of the proceeds -- but decided that would not provide enough motivation to the firms, which are tasked with trying to sell the bonds at the lowest possible interest rate. She said the market was full of refinance deals at that time, and if the county's fee had been too low, the underwriters might have focused their efforts elsewhere.

Branches of J.P. Morgan served as underwriter and letter of credit issuer for a $30 million county borrowing in 2006. But the firm won no role in subsequent county borrowings. Ms. Griser said the firm submitted proposals to underwrite the other borrowings, but the administration decided to use Merrill Lynch, and then Goldman Sachs, as its Wall Street underwriters.

Greg Zappala, who has left the municipal finance business, declined comment.

"The one thing that I was adamant about," said Mr. Onorato, "was, keep it competitive, and make sure that one firm doesn't get to do it [all]."

Tomorrow: The network connects with the mayor.

Rich Lord: rlord@post-gazette.com or 412-263-1542. News Assistant Kathleen McCaffrey contributed.

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First published on September 12, 2010 at 12:00 am

This is the best and most comprehensive look yet at how business is done by local governments in Western Pennsylvania, and it's only the first part of the series. Some truly great reporting by Rich Lord and The Post-Gazette.

Poligraft: Finding the Campaign Cash Behind News Stories

When it comes to creating amazingly useful technology tools to discover connections between money and politics, it doesn't get much better than Sunlight Labs, the software development arm of the D.C.-based transparency non-profit, The Sunlight Foundation.  They've done it again with a really neat tool called Poligraft, which reveals the campaign contribution data behind any news story, blog post, or website (with a great punny name to boot!).  To use Poligraft, you simply visit the Poligraft website, and enter the URL or full text of the story that you would like to analyze and click "Submit".  Poligraft then pulls keywords from the story and matches them again campaign finance databases maintained by The Center for Responsive Politics at OpenSecrets.org and by the National Institute on Money in State Politics at FollowTheMoney.org, and produces a report on what it found in the databases alongside the text of the article. Here is a more eloquent YouTube video that shows how this all works:

Wanting to give this tool a try, a saw a promising story in the Pittsburgh Post-Gazette today headlined: Lawmakers got fewer gifts; State legislators received at least $67,000 in free items by Tracie Mauriello.  So I ran the story through Poligraft, and here are the results that I got back.  What's great about Poligraft is that, even though the story itself is about lobbying expenses and gifts given to Pennsylvania state legislators, and therefore contained a lot of data itself, Poligraft pulled keywords from the story and gave me data that wasn't in the story and that I wouldn't have otherwise have known.  For example, the article notes that state Rep. Pete Daley received $2,400 worth of lift passes from the Pennsylvania Ski Areas Association -- useful information no doubt, but by using Poligraft I can also see that Rep. Daley received $1,000 from Greenlee Partners, another lobbying firm mentioned in the article.  Also, by clicking on Rep. Daley's profile, I learn that that he has raised a total of $375,130 from 1997-2008 and that 61% of that money has come from PACs (see screen shot below).

Fireshot_capture_049_-_influence_explorer_peter_j_daley_ii_d_pa_-_influenceexplorer_com_politician_daley-ii-peter-j_e2193374e7c047c8860844c5b9c32c9e

Poligraft also produces a custom, shortened URL so that you can share the story and the report easily on Facebook and Twitter.  But perhaps the best feature is the Poligraft bookmarklet.  Just drag and drop the bookmarklet onto your bookmark bar, click it on any webpage that you're currently browsing, and the page is instantly loaded into Poligraft and before you know it, you have a custom campaign finance report.

While the associations made apparent by Poligraft need to be put in context (like all good journalism should), it is an enormously powerful tool for connecting the dots between news stories and campaign cash.  We plan on using it here very often.

A Compelling Vision for Local Government Participation

When we started The Public Square Project last year, one of the key rationales for doing so was that we thought (as still do) that our local governments have not called upon the tremendous talents of Pittsburghers nearly enough in formulating policy and tackling some of the thorniest problems facing the region.  In short, we think that there is a participation gap at the local government level in Southwestern Pennsylvania.  We believe that The Public Square Project is part of the answer to this problem, and we excited about other projects percolating in Pittsburgh, including the Program for Deliberative Democracy at Carnegie Mellon University, among others, that have the potential to enhance lagging participation.  

For better or worse, Southwestern Pennsylvania is not alone in this problem.  One of my favorite Government 2.0 companies that is addressing the local participation issue is Localocracy, an Amherst, Massachusetts-based start-up, with a product and a vision for gaining citizen input in the policy-making process. The company's CEO, Conor White-Sullivan, articulated this vision at a recent TEDx event in Boston.  It's a short talk, and well worth a look.

 

The New Public Square Posterous

Welcome to The Public Square Posterous, the new blogging home of The Public Square Project!  You might be asking, why the change?  The reason for the switch is simple - the Posterous platform provides us with many more tools to share all kinds of text, audio, video and other media from the web than our usual Drupal blogging service (which is kind of a drag to use and meant we didn't post as often as we should have). But there is so much to share from the Government 2.0 movement that we couldn't remain silent any longer.  So, stay tuned, pull up a chair and get ready to tell us what you like and what you don't like about government transparency in the Pittsburgh region.  What to get even more involved?  Have something to say about how local government can be more transparent?  We're looking for contributors to this site, and would love to have you on our team. Send us an e-mail at info@publicsquareproject.org and tell us why you want to get involved. You might just be blogging for The Public Square Posterous in no time!