Candidates debate ethics
GazetteBy Sherry Greenfield
Thursday, July 27, 2006
It’s a sure bet that growth, traffic, overcrowded schools and taxes will be on the minds of Frederick County voters when they head to the polls in September.
Such concerns are standard, and cause residents to flock to the polls each election year. But the ethics and character of the members of the Board of County Commissioners could also be on voters’ minds this year.
It is on the minds of at least two candidates.
‘‘There are so many issues that showed the need for ethics reform,” said Democrat Kai Hagen, a candidate for the Board of County Commissioners. ‘‘I would bring it up at every opportunity.”
Hagen referred to commissioners Michael L. Cady (R) and John R. Lovell Jr. (R), who took campaign contributions from developers involved in the New Market Region Plan update, and their refusal to support Commission President John ‘‘Lennie” Thompson Jr.’s (R) fight for lobbying reform.
Thompson, who is running for his third term, has made ethics, and in particular lobbying reform, a cornerstone of his campaign.
He is skeptical of developers and their lobbyists who argue for zoning changes, so much so that his campaign slogan is, ‘‘If the developers win, you lose.”
‘‘There are millions of dollars at stake in some of these rezoning decisions,” Thompson said. ‘‘Millions of dollars are hanging in the balance.”
And that is where ethics and growth intersect, particularly this year with the New Market Region Plan update. Some people claimed that Cady and Lovell acted unethically by voting in favor of the plan while accepting campaign contributions from builders and landowners who were asking for rezoning in the plan.
In response to the criticism, Cady has said he does not look at who donates to his campaign so he could not have supported a request for a zoning change from someone who gave him money; Lovell has said it is not against the law, so he did nothing wrong.
But some people are pointing to the vote on the New Market Region Plan as a watershed moment in this election cycle, especially because of the charges of unethical behavior.
‘‘If, in fact, a considerable amount of money is coming in from developers, and the issue that upsets people so much is growth, yes, then it can get people out to the polls,” said Anita Stup, a former Republican state delegate and county commissioner. ‘‘Absolutely. If you tie in campaign contributions that will cause people to come out. It can make a difference.”
Beyond growth
While growth and the ethics that surround it is an issue this election, the Board of County Commissioners has been dealing with ethics for several years.
In 2004, Cady fought complaints filed by several residents that he acted unethically when he used his government e-mail and accepted donations from builders and developers while he planed the Weightlifting Championship in Emmitsburg.
The Ethics Commission found, among other things, that Cady violated part of the county’s ordinance that prohibits a commissioner from using the prestige of his office for private gain and that he encouraged the event’s organizing committee to obtain donations to cover costs.
Cady contented that he was simply performing a constituent service, and disagreed with the Ethics Commission. Many in Emmitsburg and Thurmont lauded Cady’s effort.
In March, Commissioner Jan H. Gardner and Thompson asked the Ethics Commission for an advisory opinion as to whether they violated the ethics ordinance when they requested state intervention into the New Market Region Plan update.
This was in response to a letter from Hugh Gordon, treasurer of the Frederick County Builders Association, to the Maryland Department of Planning, stating their request for state intervention appeared unethical. The county’s Ethics Commission in April ruled that it was not.
The question is whether any of this will resonate with voters as they head to the polls on Sept. 12.
Thompson, who requested to be investigated by the Ethics Commission in 2004 after The Gazette ran a story saying he admitted at times to using his government telephone to conduct his law practice, has pushed for lobbying reform and ethics changes during most of his second term in office.
He has no intention of giving up if re-elected for a third term.
Thompson plans to continue his fight to force a lobbyist speaking before commissioners disclose the fee his client is paying.
The Maryland State Ethics Commission has ruled it is imperative for lobbyists to report how much they are being paid. Thompson’s colleagues took this stipulation out of his lobbying changes.
Thompson is now asking the state to issue an opinion as to whether the county’s lobbying rules are in line with the state’s ethics laws.
County law requires that any person who contacts any county official or employee to influence that person in the performance of legal duties with gifts in excess of $500 must register with the county within five days.
Thompson will also again propose legislation forcing county commissioners to disclose any ex parte communications or private meetings with those having pending business or rezoning, in particular developers.
In 2003, Gov. Robert L. Ehrlich Jr. (R) vetoed Thompson’s ethics and disclosure regulations after it passed successfully through the Maryland General Assembly.
Finally, Thompson and Gardner have teamed up and are proposing campaign finance reform in the legislative package for the 2007 session in Annapolis. Their legislation asks commissioners not to solicit or accept political campaign contributions from those having pending business, especially developers with rezoning applications.
Hagen said that if he were elected, he would follow Thompson’s lead and continue to push for reform. He objects to those who say county government should still operate like a small town.
‘‘The bottom line is that the playing field in this county is heavily tilted toward development. There is a huge amount of money in that industry. ... It’s not personal. It’s the right thing to do, period. ... It makes as much sense for a small community as it does for a large community. We’re not like some small western town in Nebraska. We’ve got to get rid of the community feeling that we’re still living in the ’70s.”
The Ethics Commission
Since Frederick County commissioners are elected, there is little if any oversight of their job conduct from within county government. It’s up to residents to vote a commissioner out of office.
The county’s Ethics Commission is not a watchdog over the five-member board, and only reacts with an advisory opinion if someone files a complaint.
Once an advisory opinion is issued, the Ethics Commission expects commissioners to abide by it. If they ignore the opinion and the conduct in question continues, the commission can issue a ‘‘cease and desist order” to stop the behavior. A second advisory opinion can be issued.
If the Ethics Commission determines that a commissioner has committed a criminal act, it can refer the matter to the State’s Attorney’s Office. That has not occurred with the current board over the last four years.
‘‘It’s a problem,” Hagen said. ‘‘In the long run, Frederick County will have to switch its form of government. ... We do need more checks and balances.
WHY I'M VOTING FOR KAI!
Gary Sandman
Urbana, MD
Kai Hagen is one of the most informed people around when it comes to the issues affecting Frederick’s County. He is very knowledgeable, and he understands what it takes to run a well-balanced, successful county government. He will work to build an affordable, dynamic and balanced community that will protect our high quality of life, and balance development, the environment, roads, schools, infrastructure and taxes. The best part is...
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