Over his more than 36 years of service, former Pittsburgh Police Chief Nate Harper accumulated a pension that would have paid him $5,260 a month. So, if he lived another 15 years, it would have been worth $946,800.
But because he pleaded guilty to conspiracy and tax evasion charges related to the diversion of just under $32,000 for his personal use, his pension is now worth $0—at least to him.
The police pension board voted unanimously Dec. 12 to forfeit Harper’s pension. But they did so after first telling his attorney Samuel Stretton there would be a hearing where he could argue against rescinding the pension, then voting anyway. Stretton called the board’s action “outrageous.”
“You can’t tell someone there’s no hearing and then have the hearing without them,” he said.
Stretton plans to contest the board’s decision in court and that because of this action all board members should recuse themselves if a judge orders a new hearing and another vote.
State pension law says a public official’s pension can be forfeited if he is convicted of certain crimes. Neither conspiracy nor tax evasion is among those enumerated.
Board Solicitor James Wymard said theft is one of those crimes and the Commonwealth Court has previously ruled that conspiracy, or the intent, to steal amounts to the same thing, so the penalties should be the same.
Sergeant Mike LaPorte, president of the Fraternal Order of Police Fort Pitt Lodge No. 1, disagreed, saying he didn’t think Harper should lose his pension.
“I don’t think those crimes warranted (removing his pension),” he said.
Stretton said the move to strip Harper’s pension is “grossly excessive” given what he did versus his length of service.
Louis “Hop” Kendrick said he doesn’t see it that way.
“He knew exactly what he was doing. He was the chief,” said Kendrick. “When I was a county detective a guy offered me $100,000 for the name of an informant, and I admit I was tempted, until I thought about what could happen. So, I don’t feel sorry for him at all.”
Neither Mayor Luke Ravenstahl nor Mayor-elect Bill Peduto would comment on revoking Harper’s pension.
Harper is set to be sentenced Feb 25.
(Send comments to cmorrow@newpittsburghcourier.com.)
