New board meeting had no public notice

All 4 commissioners attend economic development session

Friday, Aug. 27, 2010

The Charles County commissioners met Tuesday with their newly appointed economic development executive board without giving advance notice of the meeting or opening it to the public.

When asked if the four commissioners' attendance with no public notice violated the Maryland Open Meetings Act, Commissioner Sam Graves (D) said, "You're right. The four of us were there, on government property. Like I said, it wasn't intended to be a meeting [of the commissioners]. It was an opportunity for us to thank them for volunteering."

Around 3 or 3:30 p.m. Aug. 24, the first meeting of the commissioner-appointed executive board convened in the old conference room at the county government building to discuss its bylaws, mission and goals for the coming months.

All four commissioners, as well as County Administrator Rebecca Bridgett and other county staff, also were in attendance. Former commissioners' president F. Wayne Cooper resigned July 16.

"The whole purpose … was to meet the people we had appointed," said commissioners' Vice President Edith J. Patterson (D). "It was just to give an overview of the charge. ... Nothing was decided."

Patterson said the "exception" allowing the commissioners not to post a notification of the meeting in public or contact media outlets was because it was a meeting called by the board and not the commissioners.

The county's BoardDocs website which lists the commissioners' agenda indicated "[t]he county commissioners will not be holding public session," on Aug. 24.

According to the Attorney General's Opening Meetings Act manual "the Act applies to ‘any multimember board, commission, or committee appointed by … the chief executive authority of a political subdivision of the State …"

The manual goes on to say that a meeting "can also occur in unconventional venues. For example, if a quorum of a public body rides together in a vehicle and conducts public business while doing so, they are holding a meeting.'"

Graves said his intention in showing up at the meeting had been to welcome the board members and thank them for participating.

Commissioner Reuben B. Collins II (D) said Bridgett informed him of the meeting late last week.

"I imagine it had to be scheduled prior to when she let me know, I'm almost certain," Collins said.

Bridgett said that because the meeting was called by Eldridge, it was not a commissioners' meeting.

Bridgett said that part of the dialogue among the commissioners and their appointed board was a welcome and congratulations.

"That could have happened anywhere; certainly it was a meeting they were invited to, none of them had to attend."

Bridgett said most of the meeting was administrative. She said the advisory board reviewed its draft bylaws.

Collins confirmed that the meeting was primarily introductory and that the commissioners were there to lend support and welcome the council.

Commissioner Gary V. Hodge (D) did not return calls seeking comment.

The Maryland Independent sent two Open Meetings Act violation complaints to the state's Open Meetings Law Compliance Board on May 26 for two meetings the commissioners held in May.

The first complaint addressed a closed meeting May 13 to discuss the elimination of the county Department of Economic Development for budgetary reasons, while the second — about which the county admitted it was wrong — was a meeting May 21 at the La Plata campus of the College of Southern Maryland at which the commissioners discussed economic development with invited county residents. Some residents were denied entry into the meeting room. The state board is still considering the complaints.

The advisory board was created as a part of the new vision of economic development in Charles County. In May, the commissioners announced the disbandment of the county's economic development department in favor of an outsourced model. An advisory board will help guide that effort.

The group's executive board will also have an opportunity for input for the final scope of work for the request for proposals, which is a search for a new firm that will lead the economic development efforts in the county, Bridgett explained.

Details of that are currently confidential, Bridgett said, because the county does not want to favor anyone in the solicitation process.

On June 29, the commissioners appointed 12 people to the advisory board.

Board Chairman Richard Eldridge also confirmed the commissioners were there for the purpose of saying hello, welcome and thank you for volunteering.

He said that the board will become official once the commissioners sign the bylaws at their next meeting. As for the RFP, Eldridge said his advisory board would not see it until the group decides how it will officially proceed.

"Then we'll know what the RFP should probably have in terms of the kind of support we would need," Eldridge said.

Board member John Reardon said the county's staff members were there to do introductions and then Bridgett led the meeting, with the commissioners later coming in to welcome everybody. He said he got a note about the meeting last week.

"Everybody took a deep breath looking at our responsibility," Reardon said.

Reardon said there were a lot of questions about how the commissioners see the advisory board fulfilling its mission, how the board will continue down the road to its goals and the missions for both the county and the group itself.

He said that any good development program is supplemental to the overall economy; it can add direction but also "create bumps in the road if not careful."

Reardon said there was a lot of discussion about that notion and there were representatives from agricultural, commercial and industrial groups at the meeting.

Reardon said the commissioners' comments were mainly some thoughts and ideas they would present to anyone else, but at the same time they wanted to take advantage of the individual representation of each advisory board member.

"The key issue, is that you could feel the anxiousness of the individuals in the meeting to advance the ball," Reardon said. "... It's better to take it a little slow and do the right thing."

County Attorney Roger Fink said he did not know anything about the advisory committee's meeting but that he would attend the next one scheduled for Sept. 8, for which he would post public notices.

"From what I've gathered, this was their first meeting with no protocol or ground rules," Fink said. "I'm going to attend their next meeting to talk about open meetings and ethics laws and confidentiality."

msomers@somdnews.com

Board members

Economic Development Advisory Board members are:

Bradley M. Gottfried, president of the College of Southern Maryland.

John Bloom, leader of the Indian Head Defense Alliance.

Harry Shasho, commercial real estate broker.

Sonny Patel, owner of a Waldorf hotel chain.

John Reardon, chief operating officer of Facchina Development and former director of the county's economic development department.

Ken Gould, executive director of the Charles County Chamber of Commerce.

Tim Corrigan, Facchina Global Services.

Chip Bowling, Bowling Agri-Service.

Chuck Beall, director of the county's Planning and Growth Management Department.

Richard Eldridge, VSE Corp.

Gloria Lakner, Department of Defense and self-employed.

Steven Wall, manager of the Southern Maryland office of the Maryland Department of Business and Economic Development.