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Council introduces charter amendment to let ethics commission retain special counsel; debate focuses on records and enforcement roles

2170301 · January 21, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Council unanimously introduced Legislative Bill 2025-02 to allow the Wicomico County Ethics Commission to retain independent legal counsel to avoid conflicts of interest. Discussion centered on whether special counsel would maintain commission records exclusively or provide copies to the county law department and how enforcement of commission rul

The Wicomico County Council voted unanimously Jan. 21 to introduce Legislative Bill 2025-02, an amendment to Chapter 37 (Ethics Law) authorizing the county ethics commission to retain special independent legal counsel when the county attorney’s office has a conflict or perceived conflict.

Nut graf: Councilmembers and county legal staff discussed operational and record-keeping implications during introduction. County Attorney and county law staff requested language clarifications to ensure the ethics commission’s access to independent advice while preserving the county law department’s ability to carry out enforcement or follow-up work that stems from commission opinions.

Key points from the meeting: - Purpose of the bill: County legal staff and the bill sponsor said the change is intended to avoid a conflict of interest or the appearance of a conflict when an ethics matter involves the county executive or other executive-branch persons who work with the county attorney’s office. - State review: County staff noted the state ethics commission had reviewed the proposed change and returned a Jan. 16 letter indicating consistency with state law and no objection to proceeding. - Records and enforcement: County Attorney Andrew Illuminati and other attorneys flagged ambiguous language in the draft that appeared to make special counsel the custodian of commission files; councilmembers asked that special counsel provide copies of commission files to the county law department so the county attorney could administer any action that flowed from an ethics opinion. Council asked for a redline clarifying those points before public hearing. - Appointment and pay: Discussion indicated special counsel would be appointed by the executive and confirmed by council in the same manner as other county attorneys; compensation would be at the same rate used for county attorney services unless otherwise agreed.

Quote: "There was no intent here to remove the county attorney," said one staff presenter, adding that the goal is to provide independent advice during the ethics process when conflicts may arise. (Remarks summarized from the official transcript; direct quotes tied to speakers appear in the transcript record.)

Next steps: Council voted to introduce the bill and directed county law and county administration to meet, prepare redlined language addressing custody of files and the implementation sequence, and return the draft for public hearing and final votes. Staff noted that introducing the bill does not enact it; the public hearing and subsequent council votes will determine final passage.