Allegheny County Council on Tuesday failed to override a March 16 veto by county Executive Rich Fitzgerald to enact a law to mandate that county businesses provide paid sick leave.

It means the process to require paid sick leave will start with action from the county Health Department, as required by state law — as interpreted by Fitzgerald and the county’s legal team.

The vote to override the veto fell one vote shy of passage, as nine of 15 council members supported it. But 10 votes, a two-thirds majority, is required to override a veto by a county executive.

The law, in the works for more than a year, would require businesses in the county with more than 25 employees to provide paid sick leave.

Fitzgerald said he supported the mandate. But he vetoed the law because it would violate provisions of the state Local Health Administration Law, which require laws regarding public health and safety to originate in a health department.

“We’re on the same page,” Fitzgerald said. “It’s, ‘How do we get there?’ ”

If the county didn’t follow the letter of the law, the mandate might not withstand legal challenges.

That was the case with a similar law passed by Pittsburgh officials in 2015 that was challenged. And although the city law was upheld, it is only being implemented now.

The board that governs the county’s health department will take up the issue in May, Fitzgerald said, and it could be recommended to council later this year.

“I think this is the best way to do it,” he said.

Some county council members disagreed, and Councilwoman Bethany Hallam moved forward with Tuesday’s attempt to override the veto.

The attempt itself was bogged down by an extensive council discussion prompted by Councilman DeWitt Walton’s desire to explain his vote as he cast it, instead of during the discussion period before the vote.

Council spent more than 30 minutes hashing out whether it should abide by its own rules and Robert’s Rules of Order that govern parliamentary procedure or if council should let Walton speak his mind.

Walton, who voted against overriding the veto, said he supports the law, but wanted to follow procedure. He wanted to explain those sentiments — which he did, albeit not in the fashion he wanted to do so.

“This is simply a matter of process, no more, no less,” Walton said.

Council members Thomas Baker, Pat Catena, Samuel DeMarco and Cindy Kirk also voted against overriding Fitzgerald’s move.

Councilman Nicholas Futeles, who represents the Alle-Kiski Valley, abstained because he owns a business that could be affected by the law.

Hallam was joined by Olivia Bennett, Tom Duerr, Paul Klein, Robert Macey, Anita Prizio, John Palmiere, Robert Palmosina and Paul Zavarella in attempting to override the veto.

If there were issues with the law, Fitzgerald should have brought them to council’s attention sooner, Bennett said.

It “seems cruel” to delay the requirement in the middle of the coronavirus pandemic, Bennett said.

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