Aspinwall Mayor Scott Zimmermann has been censured by council members for what they claim was illegally recording a private meeting with borough officials.
Council voted 5-1 on Wednesday to pass a resolution expressing its disapproval of the mayor’s actions and requested that he resign. Councilwoman Patti McCaffrey dissented and Councilwoman Lara Voytko recused herself.
McCaffrey called what Zimmermann did a big mistake but a “victimless crime,” and said requesting his resignation went too far.
Voytko said she is very close with the mayor and did not want to take any action creating a possible conflict of interest.
Resolution allegations
The resolution states Zimmermann on Feb. 16 participated in a private meeting with council president Jeff Harris, McCaffrey, Borough Manager Melissa O’Malley, Solicitor Stephen Korbel and zoning and code officer Ryan Santelli in council chambers to discuss matters of borough governance and after-hours operations.
The resolution claims the mayor recorded audio of the meeting without knowledge or consent of the other attendees using an iPhone.
When asked why he was doing this, Zimmermann replied because “the lawyer” was present, according to the resolution.
Korbel advised the mayor that recording the meeting without the knowledge or consent of all attendees was a crime.
The resolution also states Zimmermann and his attorney, James Depasquale, have acknowledged that the mayor intended to and did, in fact, record the meeting, and such conduct is a violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act.
The mayor told attendees that he deleted the recording and agreed to submit the iPhone to a forensic analysis.
Council said via resolution the mayor’s conduct created “a fundamental breakdown in the working relationships essential to municipal governance.”
The resolution is a formal expression of disapproval by council of the mayor’s conduct. However, it does not remove him from office, reduce his compensation or restrict the mayor’s statutory authority.
Council meeting response
Zimmermann apologized at the council meeting for his actions. He said he plans on earning back the public’s trust by continuing to do his job and serve the borough.
“The whole thing sort of came about as a ‘brain fart,’” the mayor said prior to council’s vote. “No better than that. I didn’t really realize what I was doing when I was doing it. When it came to my attention, I immediately apologized and deleted it. There wasn’t much of a thought process. That’s the problem.”
It was a standing-room only in council chambers with about 30 people awaiting council’s actions.
About a dozen residents weighed in on the resolution. Several audience members called for the mayor’s resignation while others saw it as a learning opportunity for a recently elected official.
Zimmermann defeated Republican incumbent Joe Noro by 81 votes in November, according to Allegheny County Elections Division records.
“It sounds like an innocent mistake two months into term where you’re learning as you go,” said former Councilman David Brown. “The reaction that council has had to this event strikes me as extreme.”
Former Councilwoman Marsha Cooper said the censuring was appropriate even though the mayor apologized.
However, she feels Zimmermann should not resign.
“I feel very terrible for everyone on the dais because this is ugly,” Cooper said. “This whole idea that he should resign and overturn a free and fair election in November is ridiculous.”
Former council president Tim McLaughlin said what the mayor did was not just a forgivable, rookie mistake.
“What you did was far from a faux pas,” McLaughlin said. “Far from a faux pas. It was a felony.”
Harris said he did not buy Zimmermann’s apology, that it was a brain fart.
“I think he’s sorry for getting caught,” Harris said. “Especially when that apology comes 3 1/2 weeks later.”
The solicitor did not disclose any more details of the meeting March 11.
Zimmermann after the meeting further stressed that he made a poor decision and plans to move on to other borough business.
Read for the record
Harris read the six-page resolution prior to the vote. The resolution was posted on the borough website and multiple copies were made available along with the meeting agenda.
“Get out your hymnals,” Harris said as he was about to read.
Harris said after the meeting it was important for everyone to know the details and what council was voting on.
“These days, people tend to skim,” Harris said. “They don’t read the whole thing.”
Harris would not rule out further legal action, citing reservation of rights provisions in the resolution.
Those provisions, in part, state that council may refer the matter to the Allegheny County District Attorney’s Office or other appropriate law enforcement authority, as well as purse any civil claim on behalf of the borough.
Any individual who attended the private meeting may also pursue criminal complaints, civil causes of action or any other remedy available under the law.
Harris said he expected a full house.
“It was a civil exchange of people and their views,” he said after the meeting. “People doing different things, speaking their mind frankly and honestly. That’s good public debate.
“I don’t agree with everything everybody said. I’ve got my position, which is in the resolution.”