Councilman's Job Highlights Hole in County Charter
County Charter appears to offer no enforcement or penalties if state job violates County Charter.
Councilman Ken Oliver's state job may violate the Baltimore County Charter but county attorneys and council members say they may be powerless to do anything to resolve the issue before the 2014 election.
The 55-year old charter prohibits councilmembers from holding state jobs during their terms. The document, however, does not provide a mechanism to enforce the provision.
That hole in the law could set up a stand off should Oliver choose not to give up his job as a financial specialist while he continues in his third term as a councilman.
"The charter does not appear to have any mechanism for dealing with a violation of the charter," said Baltimore County Attorney Michael Field.
"How is this resolved? I don't know," Field said. "Who gets to punish him? It's not obvious who gets to do that, if anybody."
"I just don't know," Field said. "This is a new issue."
The county attorney said the matter might have to be left to voters in 2014.
Field is the senior legal adviser to both the council and the county executive's offices.
He declined to comment on whether the job Oliver holds violates the charter.
Field said the county Office of Law, which he heads, does not have investigative authority. The charter also does not give the Baltimore County Ethics Commission power to deal with the issue.
Baltimore County State's Attorney Scott Shellenberger said his office may be powerless to investigate because the charter does not provide for any fines or jail time.
It’s also not clear if the courts could intervene.
“Who would have standing?" Field responded when asked if the matter could be taken before a judge.
When asked if the county would be able to file suit to force a resolution, Field said: “I don’t know.”
The council cannot impeach or censure its members.
Two former councilmen— Joseph Bartenfelder, a Democrat, and Wayne Skinner, a Republican— both said they were unsure the council had the power to remedy the situation.
Current council members expressed similar concerns.
"I'm not sure the charter gives us the power to do anything," said Democratic Councilwoman Vicki Almond, who represents Pikesville, Owings Mills and Ruxton.
The idea that there may be no legal remedy didn't sit well with Almond and other council members.
"What's the sense in having a law if no one enforces it?" said Councilwoman Cathy Bevins, an Oliver Beach Democrat.
"The public expects us to have integrity and morals," Bevins said. "If we're going to have a charter we have to know who enforces it."
Bevins was also not happy with the idea that Oliver might be able to continue in both jobs in violation of the charter.
"I'd have a big problem with that," Bevins said.
Several councilmembers said they were concerned about public perception at a time when many are cynical about government officials.
"I don't want to see any of us violating the law," said Republican Councilman Todd Huff, who represents Timonium, Hunt Valley and Kingsville. "We're the lawmakers."
Almond agreed.
"Public perception is a problem," Almond said, adding that she was saddened by comments from readers on stories outlining Oliver's state job.
"It made me feel bad to see people say this was government as usual," Almond said.
"We have an obligation to follow the laws and be diligent about that and about asking questions when there are things that seem questionable," Almond said. "It's in everyone's best interests to get this resolved as quickly as possible."
The exact nature of that resolution is in doubt.
Council Chairman John Olszewski Sr. said he believes that, based on initial reports, Oliver's state job is in conflict with the charter.
"It sounds like there is a clear violation, in my opinion, and he can't continue to do both jobs," said Olszewski. "I would hope (Oliver) would take this as a serious matter. I hope to have a conversation with him and advocate with him to choose one or the other. I hope he'll do the right thing."
John L.
9:48 am on Saturday, October 22, 2011
It is amazing how our elected officials seem to not know or forget the basic rules of the game until they get caught not doing what is right. It is sad that we have to deal with the incompetentence of it all. Baltimore County should be above all this.
Bart
10:16 am on Saturday, October 22, 2011
Why are we splitting hairs? He should not hold that second job. His constituents should demand it.
sylvia
10:22 am on Saturday, October 22, 2011
Others have done the same thing, yet Oliver is the bad guy who has the nerve and audacity to do the same thing. He is always being scrutinized as others should be as well. Fair is fair. I say change the charter one way or the other. It does not take a rocket scientist to figure out what to do.
Bryan P. Sears
11:42 am on Saturday, October 22, 2011
Sylvia: Currently Councilman Oliver is the only member with a state-related job. The council in 2008 did attempt to change the charter to allow state employment for council members. Voters rejected that law at the ballot box in favor of the current language.
sylvia
10:29 am on Saturday, October 22, 2011
Others have worked at similar jobs and Oliver has the audacity to do the same thing. Change the law. Fair is fair. He has always been scrutinized as they all should be when holding public office. It does not take a rocket scientist to figure out what to do, just do it.
roy machs
10:43 am on Saturday, October 22, 2011
Currie and Oliver should get together and form a vaudeville team.Call them ," the comic act of " Dumb And Dummer ".To think that they did not know the basics of what is right or wrong is beyond belief.And, to think that these two are elected officials and are making laws that we, as citizens, are required to obey and respect.Who got the state job for Oliver?What were his duties?How often time did he put into this job?Let's see some of his work products.And ,what about the county law dept that did not recognize a flaw in the law; and, the county attorney assigned to the County Council,What happened to the County Board of Ethics?I guess the Leona Helmsley was right when she said, " The law was only meant for the little people."Roy Machs
lemmy winks
12:27 pm on Saturday, October 22, 2011
This story proceeds from a flawed premise--the charter does NOT have a "hole"---the comments attributed to the county solicitor are almost nonsensical. courts have said that county charters are constitutions, and courts will enforce constitutions. neither the federal constitution nor the md. constitution have self-contained enforcement mechanisms...that's what the courts are for, and why our system of government has a 3rd branch (the judiciary)..every day in our state and federal courts the Constitution is being enforced...by the county lawyer's reasoning, the executive branch could simply ignore the charter, do what it wants, and everyone's hands would be tied.
sylvia
1:42 pm on Saturday, October 22, 2011
Then let the people vote for change. Try putting it on the ballot again in the near future.
stein
2:23 pm on Saturday, October 22, 2011
I believe the first time I had seen this act performed started out with "Who's on First...".