patching...
Welcome back, Patch Blogger!

Document: Oliver Contracted Directly by State

A contract signed by the councilman makes no mention of the third-party accounting firm.

 

A contract between the state and Ken Oliver more clearly defines the Democratic three-term councilman's relationship with the Department of Business and Economic Development.

The four-page document outlines the nature of Oliver's employment with the agency and specifies that he is not eligible for pension and health benefits as a contract worker. (See attached document.)

The contract appears to contradict the Baltimore County councilman's claim that he works for an accounting firm that contracts with the state.

Oliver was hired in February as a financial specialist at the department—for which he is paid $62,000, or $30.16 per hour for a 40-hour work week.

A Patch story published Wednesday raised questions about Oliver's state job.

The County Charter prohibits council members from being employed by the state.

A copy of the document was released by the Department of Business and Economic Development Thursday afternoon at the request of Patch.

Oliver, in an interview Wednesday, said the charter provision did not apply to him because he was a contract employee. The contract was not between Oliver and the agency but between a third-party company employing Oliver and the state, the councilman said.

He declined to name the firm.

"I don't have to disclose that," Oliver said.

In that same interview, Oliver said he was not paid directly by the state.

The contract makes no mention of the accounting firm for which Oliver said he worked. It is signed by the councilman, who makes $54,000 in his elected position.

Karen Glenn Hood, a spokeswoman for the department, told Patch Thursday she had no knowledge of the firm for which Oliver claimed to work.

Language in the contract makes it clear that the agency pays Oliver directly and withholds all taxes and Social Security payments as required.

The last page is signed by the councilman and a state human resources official.

Related Topics: Baltimore County Charter, Baltimore County Council, Bryan Sears, Ken Oliver, and insider politics

Al Mendelsohn

6:01 pm on Thursday, October 20, 2011

Ken Oliver in trouble with the law? Should this really be under news?

Reply

Tom Henry

6:45 am on Friday, October 21, 2011

Nice one, Al.

I hope the rest of the Council will respond to this clear violation of the County Charter.

Reply

rick j

7:33 am on Friday, October 21, 2011

He is just 1 of many over the years that circumvents the rules and laws for personal gain.Now comes the maybe slap on the wrist and crying lame apologies that he really didn't think he was doing anything wrong

Reply

Bart

7:43 am on Friday, October 21, 2011

How can he be giving the best service to his constituents? This should be a full time job. My councilperson doesn't have another job. He works full time for the community. How does Oliver do it? ooooh, yeah, there are those naps he takes during meetings.

Reply

Jon Herbst

11:09 am on Friday, October 21, 2011

Here is the provision from the County Charter:

"No person shall qualify or serve as a member of the county council while he holds any other office or employment for profit of or under the state or county..."

Therefore, the question is whether Oliver is "holding any other office or employment for profit" with the State. Technically, an independent contractor is not an "employee" and this would appear to be Oliver's argument as to why the law does not apply to him. However, just because a contract says one is an independent contractor does not necessarily make it so. The IRS has a number of factors that they consider to make this determination. See below:

http://www.irs.gov/taxtopics/tc762.html

Reply

Steve Shawson

12:23 pm on Friday, October 21, 2011

He entered into a contractual agreement with the state and he is being paid (profit) by the state, therefore, he is a "contractual employee" with the state. He should have had enough common sense to get a legal opinion before he signed the contract. This is just a work around for the state to hire someone to fill a state position as an "at will" employee, not give them benefits or a pension, and still function. However, Councilman Oliver should have received a legal opinion concerning this arrangement.

Reply

Jon Herbst

12:45 pm on Friday, October 21, 2011

I'll give you my legal opinion (with the disclaimer that it is for informational purposes only and not intended to be relied upon). After reading Oliver's contract, most of the IRS factors suggest that Oliver is an employee of the state. The first sentence "This contract establishes a contractual employer-employee relationship" is a strong factor in favor of creating an employment relationship. Generally, independent contractor agreements clearly state that the person is an independent contractor and not an employee and therefore will be responsible for payment of all federal, state and local taxes arising out of or related to the contractor’s work for the company. That is not the case here.

Reply
Comment_arrow

Buzz Beeler

12:13 pm on Monday, October 24, 2011

John, the problem with the county is they don't care what the law is. This is clearly demonstrated in the feds investigation in the ADA cases.

Homan was told numerous times he was in violation and choose to ignore it. The EEOC told them they were violating the law and again they choose to ignore it.

Where is Kamenetz: Not a peep from the ECECUITVE! He needs to look up the word in relationship to governing. These people have no concept of ethics and this is clearly visible in the numerous PUD's and the cozy relationship between the politicians and the developers.

Take a good look at Kamenetz's appointments, and there is not enough room in this little box to look at their ethical gaffs.

The cancer goes unchecked for now, but there will come a time for reckoning at the polls. Sites like this will help educate the voting public.

Glen

2:55 pm on Friday, October 21, 2011

If Oliver is being paid directly by the State and the State is withholding taxes, that seems to clearly indicate that he is in violation of the County Charter. Furthermore, all of this indicates that he perjured himself in his statements to the public through a reporter. We need honest people representing us, and this does not pass the smell test at all. Next we will hear that this is a racial attack on the Councilman.

Reply

Kelvin

11:24 pm on Friday, October 21, 2011

He needs to go. Enough is enough.

Reply

Tom Henry

8:21 am on Monday, October 24, 2011

Jon, excellent work. Unfortunately, the County Charter gives no remedy for those who break it in the fashion that Councilman Oliver has done.

To add insult to injury, Councilman Marks could not take an Adjunct Professor position with Towson University because, according to Legal, it was considered a state job.

Reply

Buzz Beeler

12:39 pm on Monday, October 24, 2011

Another factor in this equation is that they are so embolden they they don't give a crap about what is right. They rely of the stupidity of the general public and pander to the entitled with promises of more entitlements.

The $15 million Kamenetz will save in the early outs will be eaten up in one retirement group and there are many more behind those.

Reply

Buzz Beeler

2:27 pm on Monday, October 24, 2011

Robert, thank for your your concern about my posterior/derriere. It will give me comfort knowing you are familiar with this body part.

I would like to ask what ointment do you suggest to treat it and you might pass it on to Mr. Oliver who is also having similar problems.

Also, knowing members of this site like yourself who is on top -- or bottom -- of these issues comforts the "Red ..." part you speak of.

I'm sorry to hear you are having a problem with your sight. Glasses might help in your ability to see the truth.

Reply
Comment_arrow

CKnick

9:22 am on Wednesday, October 26, 2011

Please, when trying to argue your point Mr. Beeler, please leave the homophobic comments out of your argument.

"Robert, thank for your your concern about my posterior/derriere. It will give me comfort knowing you are familiar with this body part....Also, knowing members of this site like yourself who is on top -- or bottom -- of these issues comforts the "Red ..." part you speak of."

Although subtle, your comments are still insulting.

Buzz Beeler

8:54 pm on Wednesday, October 26, 2011

CNick, below is the comment taken from Mr. Armstrong's comments which are all posted on his profile page under -- Robert Armstrong comments. That is the one you are chiding me for. He was smart enough to delete it because I caught him in a little bit of maneuvering.
-----
Okay Bueller, we get it. You were fired from the County and you have a case of the Red Ass.
Seek help. Being an old bitter dude will shorten your life span.
----
When you read, keep reading because there are some great ones, like his claim to have three college degrees, served in three wars, and speaks 6 languages. He accuses people of being racist and everything others post is also racists because they don't agree with his agenda.

Educate yourself before taking someone to task next time. Look at the whole picture and then make a judgement.

When you read, keep reading because there are some great ones, like his claim to have three college degrees, served in three wars, and speaks 6 languages.

After you spend some time reading his comments then that: "Robert thank you", will appear lame.

Reply

Buzz Beeler

8:56 pm on Wednesday, October 26, 2011

CKnick, do me a favor, before judging me take a moment and do what is required before making such an accusation. You have no clue as to what you are talking about.

Rather than make a foolish statement at least do your homework. At least have the common sense to look at the facts.

Here is how you do it because it seems you have no clue.

Number ONE, click on Mr. Armstrong's name. You do that by using your mouse. Right off the top, ever notice how he spells my name? Every look at that. Now go to his profile site and click on comments. READ THEM! Read them because for anyone with sense will realize who is the insulting one.

Make sure you read enough of his comments to realize what your dealing with.

I have been very respectful of responding to people, but when you are accused a being a racist, draft dodger, being fired from my career of 39 years, lying, calling me DUDE, purposely spelling my name wrong time after time, just to name a few.

Did you read his comment the one he deleted just above my reply. He always makes the first insulting remarks and he has been doing it since the beginning.

When you read his comments you will see how many times he accuses people of being racist, referring to angry old white people, euthanasia for the elderly.

After you read his many comments then come tell me who is the insulting one.

I wrote that after he made another insulting remark towards me which he deleted but are posted above.

Reply
Comment_arrow

CKnick

8:44 am on Thursday, October 27, 2011

Mr. Beeler,

You seem very angry at Mr. Armstrong. It is fine to take it out on him. I am just saying that as a gay man, I was offended by your use of words. That's it. Plain and simple.

Also, you catch more bees with honey... An acknowledgement about what you said and how it could have been taken as offensive by some would have been sufficient. Instead, you wrote back attacking and belittling me. Par for the course I guess.

Comment_arrow

PastorLorenzo Epps

10:28 am on Thursday, October 27, 2011

there's too much name calling in here...if you don't agree with someone...be an adult about it and tell them in a loving way....but when someone is attacked....the attacker shouldn't be surprised when they are attacked back!

Robert Armstrong

9:33 am on Thursday, October 27, 2011

I didn't delete anything Dude.

Just click on your own posts Bunker, all you ever do is bash minorities, Gay People and of course........... Baltimore County.

Reply

PastorLorenzo Epps

10:25 am on Thursday, October 27, 2011

It's high time ALL "LEADERS" in Maryland were thoroughly investigated and scrutinized! If something is found....PLACE THEM IN JAIL! Also...these so called leaders need to cut their salaries.....after all ...they are PUBLIC SERVANTS!

Reply

Bart

10:42 am on Thursday, October 27, 2011

Our political leaders should be held to a higher standard. The system must hold everybody accountable for their actions. The rule is the rule. Oliver and his backers ignored the rule. Oliver has now resigned his position. The sad thing is, the people in his district keep voting him into office.
I don't think he should be a member of the County Council, but I don't think he should be in jail. He's no threat to anybody, and the jails are already too overcrowded.

Reply

Buzz Beeler

10:56 am on Thursday, October 27, 2011

CNick, read his last post. I have never, never used any kind of racial or other type slur. Mr. Armstrong did delete his post and I copied and pasted it between the dotted lines where he starts of by saying "OK Bueller ...".

I have never used the words he used in his last post about lifestyles. Go find ONE POST WHERE I BASH PEOPLE.

Remember, you are the one that made those accusations against me. Your problem is you don't do your homework. Calling me Bunker, Dude among some of the names Armstrong likes to use.

Thank you Pastor Epps. CNick, read everyone of my post and show me one reference where is I used derogatorily names in any way. Read some of his recent posts about him flying a million miles around the world or where ever.

Ask him what six languages he speaks, or his DDN code, or what six degrees he has.

I responded to you when you made those accusations. Armstrong's post is still up there on his site. It is the one that appeared above my response to him.

My name is not Bunker or Dude and see who used the word as to ones lifestyle.

I have no respect for one that deceives others by false claims. I have repeatedly time and time again asked him to prove those false claims and not a word from him.

All of my background is posted on my web site.

Like the Pastor stated, if you going to attack me, I will defend myself. Mr. Armstrong destroys his own creditability with his words, not mine.

He follows me everywhere I post.

Reply

Buzz Beeler

10:58 am on Thursday, October 27, 2011

There are many on this sight who know that if you try and be civil with Mr. Armstrong it does not work. I have tried many, many times.

Reply
Comment_arrow

rick j

11:04 am on Thursday, October 27, 2011

Buzz did you take your blood pressure medicine today??Most people cannot debate in a civil manner.They feel that mud slinging and name calling adds to their side of the argument.All it does is show their own ignorance

Robert Armstrong

11:08 am on Thursday, October 27, 2011

You don't have to use a slur Bunker. You have a the bigot code words/phrases down pat.

Reply

Buzz Beeler

12:12 pm on Thursday, October 27, 2011

Rick, he calls me Bunker, retard, and claims I'm the bigot? I think that Mr. Armstrong is rather young and his writing reflects that. If anyone takes issue with his agenda he brands them a racist. He uses such terms as RAT ... something which to me is not an indicator of one who is adult but rather an angry teen.

His wild claims are beyond belief and when challenged he disappears. He has never, ever, provided any credible evidence of any of these claims.

He has nothing on Facebook or Google or any search sight shows nothing on this person. It is telling that he uses a fake head instead of a real photo. Why would someone who is proud of their accomplishments fear using something based in reality.

I think this is rather telling.

Reply
Comment_arrow

rick j

12:17 pm on Thursday, October 27, 2011

That is why I have no conversation with him.Lively debate is good.He is just out their on his own planet like many on both sides

Robert Armstrong

12:29 pm on Thursday, October 27, 2011

If the shoe fits Bueller...........
The head is very real and very famous. I took the picture myself.

Now.....back to your regularly scheduled conspiracy theory.

Reply

Buzz Beeler

5:04 pm on Thursday, October 27, 2011

Rick, thank you. I have tried many times to be civil, but as you can read it does not work. To me his style of writing and constant caustic remarks reveal a certain immaturity.

The head may be famous but it is not his. If one truly believes in their convictions then stand up and behind them. I think this is a way to protect his wild claims, like speaking 6 languages, having numerous degrees a fabricated military career and so on.

You are correct about both sides. There are extremes. I always try and look at both sides, but sometimes when the person keeps up rhetoric like mocking ones name, it does get one riled up a little.

The sad part in my opinion he is not mature enough to understand that he will not win any debate by resorting to degrading and caustic remarks.

Reply

Robert Armstrong

5:16 pm on Thursday, October 27, 2011

Thanks for clearing it up for everybody that the head isn't mine. I hope everybody can sleep peacefully tonight.

Reply

Buzz Beeler

5:44 pm on Thursday, October 27, 2011

If you are who you claim to be why would you not provide any credible documentation of just one of your claims. Are you afraid of revealing the true identity behind the mask.

I have nothing to hide. My entire story is on my website. If it were me and someone challenged my creditability in these matters, I would not rest until the truth is revealed.

You are for illegal immigration but yet you won't stand behind your comments. Just like your cause, you too are living in the shadows.

Someone, like your brother who you claim is a business man in a high position is also not found on any search engine and you can try them all.

I would think a man of your claimed background would show up somewhere based on the incredible amount of college degrees, military background, language skills and flying over a million miles.

I believe you cannot reveal your identity because that might reveal the truth about a lot of issues. I don't think you could live if people really found out what is behind the mask.

Reply

K Blue

5:48 pm on Thursday, October 27, 2011

Buzz and Robert, did you 2 see the recent article about the councilman who wrote a letter using official County Council letterhead to make a personal plea for leniency on behalf of another in a criminal sentencing, and signing it with his elected designation?

Reply

Buzz Beeler

6:03 pm on Thursday, October 27, 2011

K Blue, yes it was in reference to one of Kamenetz's appointments I believe. I think Jablon and Oliver were involved. Patch covered it.

Reply

Robert Armstrong

6:18 pm on Thursday, October 27, 2011

You just don't now how to use the search function. it took you long enough how to figure out Spell Check.

Reply

Robert Armstrong

6:20 pm on Thursday, October 27, 2011

I never said I was "for" illegal immigration. I just don't like Hispanophobes like yourself and your girlfriend AMDactivist bullying people.

Reply

Buzz Beeler

6:31 pm on Thursday, October 27, 2011

I have searched many, many times for information on you claims. There is nothing and once again you answer confirms you staying in the shadows.

Reply

Robert Armstrong

7:58 pm on Thursday, October 27, 2011

Maybe you ought to crank that TI-99 into overdrive.

LOL Look on the bright side, at least Bunker stopped threatening everybody who disagreed with his opinion with " contacting the Attorney General and having their IP traced"

Reply

Buzz Beeler

11:31 pm on Thursday, October 27, 2011

You still don't have the guts to reveal the truth about your wild claims, just more shadowboxing and stonewalling.

Your dialogue gives away you age and maturity level. Maybe your claims is all you have and revealing yourself would destroy and deflate your ego.

Reply

Robert Armstrong

11:37 pm on Thursday, October 27, 2011

I don't have to prove anything to you Donnie the Dodger.

Reply

Buzz Beeler

8:36 am on Friday, October 28, 2011

You remind me of some of these guys in the gym with toothpick arms that cant lift five pounds bragging about doing 300 lb bench presses.

Funny how they are never around the benching area, because it would put up or shut up.

I think you are a young teen who desperately needs attention and you get it by your caustic remarks because you have nothing else to fall back on.

Reply

Robert Armstrong

10:26 am on Friday, October 28, 2011

You remind me of the fat guys with the big guts, bird legs and flabby arms that spend the whole time in the gym posing and looking at themselves in the mirror.

Reply

Leave a comment