Appeal to Maryland Appellate CourtonSubmission of Appointments for Confirmation

The County Council filed an Appeal with the Maryland Appellate Court seeking a court opinion on
Charter Section 315 pertaining to the submission of appointments for confirmation.

This request follows a Court Opinion and Declaratory Judgement, entered on November 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.

The Circuit Court judge, however, did not cite the proper version of Charter Section 315 in its
Opinion, omitting numerous words, including “at its legislative session”. The judge, on December
13, 2023, issued a Corrected Supplemental Opinion and Declaratory Judgment concluding that the
phrase “at its legislative session” does not alter the Opinion. 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 of
Administration, 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 its
legislative session, by the County Executive, the appointment shall stand
approved.” (Emphasis added)

The voters of Wicomico County approved adding the phrase “at its legislative session” to the
Charter at the 2016 election by voting in favor of Ballot Question C, which clearly requires the
County Executive to submit appointments for confirmation at a legislative session. The intent of
adding the phrase “at its legislation session” was to require the County Executive to submit
appointments at a legislative session that is open to the public, not during a closed work session, as
had been requested by the County Executive in this case.

The County Council has determined that it is of the utmost importance to get a second opinion on
Charter Section 315 to preserve the language and confirmation process that was approved by the
voters in Wicomico County. This process was put in place to ensure a fair and transparent hiring
process. This is an unfortunate situation that we hope can come to a quick resolution with minimal
legal obligations and expenses.