Judge's ruling throws future of Shuman Juvenile Detention Center in doubt
PITTSBURGH (KDKA) -- A Washington County judge has thrown the future of the Shuman Juvenile Detention Center in doubt. The judge ruled the former Allegheny County executive did not have the power to contract with a private company to run it.
The county last year awarded a five-year, $73 million contract to the private company Adelphoi to run the detention center. It was expected to reopen next month but the ruling casts some uncertainty over that reopening.
The judge found that former Allegheny County Executive Rich Fitzgerald violated the Home Rule Charter in awarding a contract to run the Shuman Juvenile Detention Center without the approval of county council.
In and of itself, Judge Katherine Emery's order will not delay Shuman's reopening under the private company Adelphoi next month, but in a statement, Council President Patrick Catena said council hopes to void that contract.
"I am pleased with Judge Emery's ruling in Council's favor. We intend to vigorously pursue our action to have the Adelphoi contract declared null and void for previous Chief Executive Fitzgerald's failure to present the contract to Council for approval. And look forward to working with the current Executive to find a legal solution as it relates to juvenile justice in Allegheny," his statement said.
Emery's ruling, called a memorandum order, is not the final word. She denied the county's motion to dismiss council's suit but did not make a final determination. But in it, she was clear that Fitzgerald needed council approval to enter into the five-year $73 million contract with Adelphoi to run the facility.
"This Court finds that any contract for services is the responsibility of the County Executive; however, if that contract includes the conveyance of county-owned real property, including permission to exclusively use that property, County Council must also approve it."
KDKA-TV reached out to former County Executive Rich Fitzgerald, who had no comment on the order. But if the contract is voided and Shuman's reopening is delayed, Councilwoman Bethany Hallam says the prior administration will be to blame.
"The future of Adelphoi using Shuman Detention Center has been cloudy and uncertain since it was announced because the proper process was not followed," Hallam said.
Hallam says current County Executive Sara Innamorato should put the Adelphoi contract up for a council vote. In the meantime, she says Innamorato should begin making plans for the county to run the facility.
"I believe the ball is in their court," Hallam said.
In a statement, county spokesperson Abigail Gardner said they're committed to reopening Shuman as quickly as possible:
"The important issue is that we find a path forward to provide a place that keeps juveniles and the community safe. Based on this objective, we are and will continue to work with County Council, the judicial system, community advocates, and experts to reopen a facility as fast as is responsibly possible while also focusing on designing a facility that specializes in the unique needs of juveniles in the justice system," Gardner said.