Gainey stands by nomination of top SEIU official to Planning Commission amid ethics inquiry

Pittsburgh’s mayor is standing behind his nomination of a top union official and political ally to the City Planning Commission, as City Council continues to hold it while seeking clarity on ethics questions.

Mayor Ed Gainey nominated Silas Russell, the political director for SEIU Healthcare Pennsylvania, in March to join the commission, which regulates land use and major development projects in the city. The union spent heavily to elect Gainey in 2021, and Russell co-chaired the mayor’s campaign and transition team.

Russell previously told the Union Progress that the mayor’s office asked whether he’d be interested in serving on the commission, and he was “excited” to say yes. If confirmed, he’d potentially be able to vote up or down on development projects for UPMC, the health giant with which the union has had an adversarial relationship as it attempts to represent its employees.

City Council President Theresa Kail-Smith, who chairs the committee dealing with nominations, moved to block Russell’s nomination from advancing in Council. She then contacted the State Ethics Commission, asking “out of an abundance of caution” whether Council could proceed with the nomination and if there were conflict of interest and disclosure policies that should be considered for both Council and Russell.

“Kail-Smith is seeking guidance from the State Ethics Commission due to a unique situation concerning the propriety and degree of influence SEIU Healthcare Pennsylvania, allegedly may have over the executive and administrative functions of city government, in a ripe controversy with the employer UPMC,” the Council solicitor wrote in a late May letter obtained first by the Union Progress through a records request and published last Sunday.

The request to the Ethics Commission cited recent reports from KDKA-TV, including one with emails showing Russell helped draft talking points for the mayor ahead of a key meeting with UPMC about the health giant potentially contributing more to the city’s coffers. One talking point said the mayor should “need them to commit to a fair election arrangement with SEIU to bring to an end the long and contentious dispute between UPMC and its front-line workers.”

Pittsburgh officials have tried for years to negotiate agreements with the largest local nonprofits, which are largely exempt from property taxes crucial to the city budget, for voluntary payments in lieu of taxes. The mayor announced earlier this year that the city would review the qualifications of all tax-exempt properties and has already filed paperwork trying to get more than two dozen back on the tax rolls.

The Ethics Commission replied in early June that Kail-Smith did not have standing under state law to request advice on the nomination — only Russell himself or Gainey could ask for it — and, even if she were able to submit a request, insufficient information was provided.

“The news articles and opinion column submitted with the advisory request would not constitute facts upon which an advisory as to Mr. Russell’s prospective conduct may be based,” wrote Bridget Guilfoyle, the commission’s top lawyer.

Responding on Thursday to a request for comment first sent early last week, Mayoral spokesperson Olga George told the Union Progress that Gainey “fully believes that the nomination of Silas Russell is in the best interests of the city,” and Council should resume its consideration. She added that Council took what she described as an “unprecedented” step by asking for input from the Ethics Commission.

“We look forward to Council moving forward the nomination of Mr. Russell and working with him in order to continue our working of making Pittsburgh the safest, most welcoming city in America where everyone has the opportunity to thrive,” George said.

Kail-Smith told the Union Progress that she’s “not worried about anything” but is instead “asking for clarity.”

“We wanted to make sure that whatever we were doing was OK, there’s no conflict of interest, that it’s not illegal to do so,” she said. “We wanted to make sure the mayor and City Council were put in a good position to put that nominee forward.”

Kail-Smith added that there is no specific timeline for advancing the nomination. She appeared to have more to say but stopped herself, saying she needed first to talk with other councilors at an upcoming private session.

“We may all disagree or agree with each other on different issues from time to time, but we all try to respect that if you need additional information — if you need something to make sure that everybody’s OK and that everything’s legal — we generally try to give that,” she said. “It’s in the best interest of not only City Council, it’s in the best interest of the people we serve in the city of Pittsburgh.”