Pitt trustee loses lawsuit claiming lack of access, retaliation

A longtime University of Pittsburgh trustee who sued during a bitter dispute with the board and its chairman has lost his case.

John H. Pelusi Jr., who joined the board in 1994 and became an emeritus member last year, sued the board and its chairman, Jonathan J. Verbanac Sr., in December alleging they were keeping him from accessing important financial information and retaliating against him.

But in a 10-page opinion issued Oct. 9, Allegheny County Common Pleas Judge Mary C. McGinley said that as an emeritus member, Pelusi had no right to access board records. Without a right of access to assert, she reasoned, there could be no retaliation.

“The court recognizes that there has been a significant breakdown in the interpersonal relationships of those involved, and that has led to significant acrimony,” McGinley wrote. “However, it is clear from the governing documents that any emeritus trustee’s attendance at board or committee meetings is observational only and fully at the discretion of the respective chairpersons.”

Jared Stonesifer, a Pitt spokesman, said the judge’s decision vindicates the board’s position.

“It is regrettable that this legal clarity was necessary, but we are hopeful this ruling will allow the board to put this issue behind them so they can focus on the many important issues facing the University of Pittsburgh.”

Pelusi became an emeritus member in June after serving the maximum 30 years allowed.

According to the board’s bylaws, emeritus members may attend meetings as observers and nonvoting committee members. However, Pelusi alleged in his complaint that Verbanac didn’t allow even that.

After Pelusi complained about Pitt’s policies regarding student athletes receiving compensation for their name, image and likeness, as well as the termination of Heather Lyke, the university’s former athletic director, he claimed he was shut out and denied access entirely.

Pelusi, a member of the Panthers’ undefeated 1976 national championship football team, has donated extensively to the university and provided business and real estate expertise over his years of service, the lawsuit said.

Regardless, McGinley said Pelusi’s role as an emeritus board member is “purely honorific.”

That, she wrote, meant he may act only as an observer, and only at the discretion of the board chair. Verbanac, McGinley said, acted within that discretion.

A message left with Pelusi’s attorney was not returned.