The Wicomico County Council filed an appeal with the Maryland Appellate Court seeking an opinion on Charter Section 315 pertaining to the submission of appointments for confirmation.
Here’s the latest in the legal dispute between the council and County Executive Julie Giordano on hiring powers.
Giordano says executive’s office ‘appalled and disappointed’
This request follows a court opinion and Declaratory Judgement, entered on Nov. 16, 2023, that determined a memorandum requesting a closed work session was legally sufficient to initiate the 45-day appointment window provided in Charter Section 315.
The court further determined that the portion of Legislative Bill 2023-11 that eliminated the salary allocation for the appointed position was stricken.
“We’re appalled and disappointed at the decision of the county council even though that’s their right,” said County Executive Julie Giordano. “Several of them said on the record they would adhere to whatever the decision was and I think many county residents and taxpayers feel that was a lie. At our last council meeting, they were were adamant about responsible spending in terms of county projects, but they do this on an appeal they lost twice.”
Giordano noted Matthew Leitzel, who was reinstated to his position as Assistant Director of Administration, has done an exemplary job amid the legal wrangling.
Key clause added to charter is at center of dispute
The Wicomico Circuit Court judge, in the original ruling, did not cite the proper version of Charter Section 315 in its opinion, omitting numerous words, including “at its legislative session.” The judge, on Dec. 13, 2023, issued a corrected supplemental opinion and Declaratory Judgment concluding that the phrase “at its legislative session” does not alter the opinion.
“The council feels we cannot rely on a circuit court judge decision where they egregiously ignored the original intent of the county charter,” said Wicomico County Council President John Cannon. “If judges were always right, there wouldn’t be an appeals process in place. Another concern was that a judge considered a legislative submission as insignificant, yet it was the voters of the county that put such a measure in place.”
Cannon also noted it was County Attorney Paul Wilber, who originally authored the charter, that was behind the letter on behalf of the Office of the County Executive challenging its application by the county council.
More on past rulings Key member of Wicomico County Executive Giordano’s staff reinstated with court ruling
The court opinion further states, “the relevant Charter provisions are silent on whether the County Executive must make an official request during a legislative session.”
The current version of Charter Section 315.A reads as follows:
“Director of Administration, Assistant Director of Administration, department heads and the initial appointment of deputy directors. Appointment by the County Executive of the Director of Administration, the Assistant Director ofAdministration, department heads or the initial appointment of a deputy director of a department in the executive branch of the county government shall be subject to confirmation by the County Council. If the Council fails to act to confirm or reject any appointment within 45 days of its submission to the County Council, at itslegislative session, by the County Executive, the appointment shall stand approved.”
Nobody would want to Work for this crooked county if they knew / what we who did knew !!!!!
well the crooked county jail don’t deserve anybody to work there so don’t bother !!
Worthless County never cared about Right from Wrong when I worked there !!!!! You report Wrongdoing
& Nothing got done about it !!!!
Like the Federal Govt > All is Covered Up !!!!!! Whistleblowers Terminated !!! FACT
Too many Assustants and Deputys.
There are other more critical positions that should exist instead!
Whistleblowers have NO protection in this county Govt !!
Terminated !!!!
just a bunch of crooks looking how they can fleece the taxpayer! politicos? imagine that!
Wicomico County is still advertising job openings paying less than $15 per hour. That’s illegal.
Not a resident there so doesn’t matter to me, but IMO, the revised language is unclear and needs to be re-written. It makes it sounds like the appointment can be made in closed session but then the Council must accept or reject in open session within 45 days but the insertion of the clause seems to be at an odd place which then refers back to the County Council again while at the same time talking about the County Executive. Revise it and move on.
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The judge got this one wrong – first by citing an alder version of the charter – then by dismissing the relevant part in the updated charter.
I hope this is reversed on appeal.
Make the executive do it the correct way with non-crony qualified people!
They need to hire people to fulfill necessary functions – not titles by friends of the executive!
Don’t even need a County Executive !!! Waist of fkkking taxpayer $$$$$ !!!!! NONE were ANY GOOD / EVER
Worse was POLLITT !!!!! Worthless Taxpayer SPONGE moves around town to town !!!
Salisbury / Crisfield / Snow Hill > WHERE next ?????
This issue has been a problem from the day the county moved to an executive form of government (and the good ole boys weren’t happy) .
First order of business was the county council had to rewrite the charter to reflect those changes and secondly, how was the council going to make sure they still had control. God knows the council didn’t want any executive in control.
Once the lawyers rewrote and inserted legalese into the charter it was the kiss-of-death for the taxpayer!
When Bob Culver was elected and told the council to f-off over his selection of department head(s), the council walked its lawyers back into insert more legalese into the charter (specifically section 315) to make sure council had last and final word on any/all department head and deputy hiring. This was followed up in 2016 by ballot question C. And like most useful idiots the voters of Wicomico County approved it (when will people actual read and understand what they’re voting for?).
Which brings us to present day – Lawyers are arguing about the legalese they inserted, only to be hold by a judge, that the council and its lawyers are wrong… And the lawyers get to charge the taxpayers again!!!
So how do we fix it? We could:
1. Remove Section 315 from county charter, all together
2. Limit the councils’ power to approve (i.e., why we need any councilmembers approval?), do you really want Shane or Joe making any hiring decisions for the Executive?
Remember the council is NOT hiring the person, the Executive is. It should be ceremonial at best, and only for initial selection of department heads (and certainly not deputy-level).
Every non-elected position within the County government has a position description and minimum hiring requirements. Provided the Executives choice of candidate meets those requirements AND the Executive wants them on their staff, the approval should be straight forward.
Send in the clowns…
REMOVE Democrats from the Govt !!! SOLVED Fixes Everything !!!!!