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Oliver To Resign State Job

Baltimore County Council Chairman John Olszewski says colleague volunteered to resign after council members expressed concerns.

 

UPDATE (9:14 p.m.)—Baltimore County Councilman Ken Oliver has told a top official he will resign from his job with the Maryland Department of Business and Economic Development.

Council Chairman John Olszewski Sr. told Patch Monday afternoon that Oliver volunteered to resign from the job after council members expressed concerns that it violated the County Charter.

“All of the council had concerns with the situation with (Oliver),” Olszewski said. “I told him he had to remedy this issue.”

Olszewski did not know when Oliver intended to resign from the state job.

“Hopefully sooner rather than later,” Olszewski said.

Oliver did not respond to calls from a reporter seeking comment.

Patch reported last week that Oliver has been working for the department as a finance specialist at an annual salary of $62,700. He makes nearly $54,000 as a councilman.

The County Charter prohibits council members from working for the state during their terms in office.

Oliver said last week that he did not work directly for the state but rather for a third-party contractor that he refused to name.

A spokeswoman for the department said she had no knowledge of that arrangement and that the state paid Oliver directly. A copy of Oliver's state contract, obtained after a request from Patch, shows that the councilman is contracted directly with the department.

Oliver also said in an interview last week that the County Charter prohibition did not apply to him because he was a contract employee. 

Olszewski said last week that he believed Oliver's job did violate the charter, whose rules govern council members. On Monday, the council chairman said he spoke to a legal adviser to the council who re-affirmed that opinion.

Karen Glenn Hood, a spokeswoman for the state Department of Business and Economic Development, said Monday afternoon that Oliver gave notice of his intent to resign. She did not know if he had tendered an letter of resignation.

“He verbally advised leadership this morning of his intention to resign,” Hood wrote in an email.

It is not clear if Oliver will have to repay any of his salary to either the county or the state for the job he held in apparent violation of the charter since February.

“Mr. Oliver performed the responsibilities of the position for which he was hired,” Hood wrote in an email response. “It may be more appropriate to inquire whether the county has a position on this issue (repaying county salary for pay earned while dually employed by the state) since there was no legal violation with his state employment.”

Olszewski said he had not given the issue any thought.

“I guess the answer is no we didn’t have that discussion,” Olszewski said. “My first thought was that he remedy the situation and he has done that.”

Olszewski said he didn’t think the County Charter allowed the council to demand some for of repayment.

“I don’t want to comment on it before I know the legalities,” Olszewski said, adding “(Oliver) didn’t break the law. He was just in violation of the charter.”

The council chairman said he was uncertain whether the council would seek to make changes that would give future councils some way to enforce the provisions of the charter.

Last week, County Attorney Michael Field said he did not believe the charter provided a way to remedy the Oliver situation beyond allowing the voters to elect a new councilman in 2014.

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

Joan Wood

2:32 pm on Monday, October 24, 2011

I was hoping he would resign from the County Council

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DCMerkle

3:37 pm on Monday, October 24, 2011

Know one would leave a job like that unless something was offered to make it worth their wild.

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Trish D

4:20 pm on Monday, October 24, 2011

Get caught then do the right thing?!? That's why we have so much confidence in our elected officials.

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Jim21236

5:00 pm on Monday, October 24, 2011

Come on Ken - how many times do you have to get caught breaking the rules? First paying personal expenses out of your campaign finance account. Now this and it was just addressed a few years ago with another councilman, so you really don't have an excuse.

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Dundalkwatchdog

6:15 pm on Monday, October 24, 2011

Just a thought. Why don't councilman have to report other jobs or income? Police officers have to report it. Since it is a part time job, most need additional income. Wonder where they get it and if the companies do business with the county?

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Bryan P. Sears

7:21 am on Tuesday, October 25, 2011

Dundalkwatchdog: Councilmembers do have to report their outside jobs and income but they do so after the fact. For example, the most recent required financial disclosure filings only cover the period of Jan. 1 to Dec. 31 of 2010. Oliver took his job two months after the disclosure period closed.

Jimmy

7:13 am on Tuesday, October 25, 2011

Ethically he should resign from the council. Also, something should be put into the charter to take back the money...but that will never happen, the council won't have anything to hide behind.

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Buzz Beeler

8:26 am on Tuesday, October 25, 2011

My dear friend said it best: "Truth, justice and the American way." RIP Clark Kent.

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Buzz Beeler

9:09 am on Tuesday, October 25, 2011

Speaking of Mr. Clark Kent, the Sun also reported on this. Shame on them for not giving credit where credit is due. No wonder their circulation is falling faster than a speeding built.

Rumor has it the Sun has a contact out on Bryan Sears. One problem though, they ain't fast enough to keep up with him.

I think I'll go over to their website and slap them.

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Bryan P. Sears

9:13 am on Tuesday, October 25, 2011

Now now Buzz. I appreciate the sentiment but we're all friends here. No slapping, please. BTW, The Sun gave Patch a lot of credit both last week and yesterday in an editorial.

Buzz Beeler

9:22 am on Tuesday, October 25, 2011

Doug Donovan's article on Dundalk Patch got me all riled up. I went to my closet and brought out the old police Zap-gloves, black leather with lead in the forehand and knuckles.

They still fit and felt oh so good.

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Jackie

9:36 am on Tuesday, October 25, 2011

What is wrong with Mr. Oliver? I don't think he is suited to be on the council because of his flawed thinking skills. I mean, he didn't realize he was being paid by the State? So can he name the 3rd party contractor he works for? Wasn't it just a few years ago that his family tried to throw around some political weight to get out a traffic ticket? I think Mr. Oliver's expiration date as a politician is past due.

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Bart

1:37 pm on Tuesday, October 25, 2011

Mr. Oliver continues to be re-elected by his constituents. With the abysmal turnout of voters, it doesn't take too many people to vote him back in. I suppose those who do vote don't really know (or care) about his ethics.

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K Blue

2:09 pm on Tuesday, October 25, 2011

I believe Oliver beat Julian Jones in a contested primary last year by only 100 votes or so.

reader

9:58 am on Tuesday, October 25, 2011

Well now, Mr. Oliver had a choice, keep the contract job with the state that would not give him a lucrative pension or stay on the council and hope the citizens of his area will continue to vote him back into office so he will get himself an overly generous pension. Not really much of a choice. These sorry council people need a 403b program not some gauranteed pension like the slimy one Gaudino received. The citiznes of the county are just as oblivious at this level as they are on the state level with these sorry democrats. Keep voting them back into office and you deserve what you get.

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Dundalkwatchdog

10:02 am on Tuesday, October 25, 2011

Bryan, are disclosures public record and are they on the web?

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Shawn

10:05 am on Tuesday, October 25, 2011

I agree Jackie. However, half the voters in his district probably do not follow politics. Just ask a few people at the 711 or a gas station in Randallstown or any other district- Who is your councilman? Dunno!!! They just keep voting for the same person. It is called name recognition. The other half will forget by the time he is up for re-election.
I do not think it is many politicians left that actually want to help. It is all about retaining power as long as possible and pensions. He will leave office when he is ready.

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Mike Pierce

12:03 pm on Tuesday, October 25, 2011

Shawn, you think that half the voters follow politics? You sure have an optimistic view of things. I suspect it's more like 90% that don't follow politics, in the sense of really knowing and understanding what is going on. And that's true in every district, not just Oliver's.

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Mike Pappas

12:20 pm on Tuesday, October 25, 2011

The County Charter reads:

" (b) Other offices. 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, and no member of the county council, during his term of office, shall be eligible for appointment to any county office, position or employment carrying compensation except the office of county executive. "

As such, Mr. Oliver was not qualified to act as a councilman during his term of employment with the state. Accordingly, any votes cast by Mr. Oliver are likely invalid and must be reviewed. If the Council will not police their own, any taxpayer in Baltimore County should have standing to seek the Court to order a complete review of all actions by the Council under while Mr. Oliver was not "Qualified to serve" or order that all votes cast by Mr. Oliver during his dual employment are invalid and must be re-cast once he is qualified.

This is called the Rule of Law and laws (including the "Charter") must be followed by our law-makers.

Thank you to Bryan and Patch for holding our "leaders" accountable.

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Roger Dorn

1:38 pm on Wednesday, October 26, 2011

To Mr. Pappas, "This is called the Rule of Law and laws (including the "Charter") must be followed by our law-makers". Does that include zoning laws? That didn't seem to apply to the former governor or your client as you went to federal court to fight the zoning laws and lost! Why didn't the former gov agree then that laws must be followed or was there another agenda, like cheap publicity for him,you and your client. Your client is now the chairman of the repub central comittee. The irony or is it the hypocrysy, I'm not sure which but it sure isn't transparency or honesty. Mr. Oliver was wrong and never should have taken that job but please to read your statement about laws needing to be followed just doesn't pass the smell test.

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Jon Herbst

1:59 pm on Wednesday, October 26, 2011

C'mon Dorn, don't give me this ole bullsh*t! A private citizen challenging the constitutionality of a county zoning law in federal court is hardly analogous to an elected official blatantly violating the County Charter.

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Mike Pappas

4:12 pm on Wednesday, October 26, 2011

The case referred to by Mr. Dorn in his personal attack on me and my client really proves the point about the rule of law that I was trying to make. So thanks for bringing it up! Mr. Kolbe was singled out by political operatives for placing a sign on his lawn in support of the former Governor. This was clearly evidenced by the fact that the "anonymous" complaint taken by the head of the Code Enforcement division could never be traced to any actual person other than a few certain Democrat operatives who were targeting all Republican signs during that election. Nevertheless, despite his belief that his constitutional rights had been intentionally violated by the Baltimore County Government, Mr. Kolbe removed his sign and took his case to court, in order to challenge the law that he was accused of violating as well as the thinly veiled political motivations behind it. Mr. Kolbe prosecuted his case vigilantly and stood by his position that his rights had been violated.

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Mike Pappas

4:12 pm on Wednesday, October 26, 2011

Mr. Kolbe did not lose his case. Although the judge did not grant his request for a preliminary injunction, he and I were confident that either the Trial Court judge or the Appellate Court would have ultimately ruled in his favor on the issue. Moreover, Mr. Kolbe’s case is an shining example of a single man (and his family) forced to stand up to their own government in order to exercise their rights to freely associate and to speak freely on their own property and his case is a testimony to the system of checks and balances in our country (however flawed they may be).

Unfortunately, this matter is also an example of a situation seen far too often in our County and country on a grand scale, where government infringes upon the basic constitutional rights of its citizens and then forces the solitary citizen to spend tremendous amounts of money in order to attempt to force the government to stay within the legal bounds set up by our founders.

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Mike Pappas

4:13 pm on Wednesday, October 26, 2011

Mr. Dorn’s comments are also classic examples of diversion and misdirection. Instead of pointing out how Mr. Oliver’s clearly violative situation was not in violation of the passage from the charter that I cited, Mr. Dorn chose to simply attack me personally and then vaguely suggest that my posting (which was a simple verbatim cut and paste from the county charter) was somehow less credible because I represented a citizen that challenged the constitutionality of a particular law. Moreover, Mr. Dorn also seemingly also suggests that Mr. Kolbe was somehow less entitled to bring his case because he is now the Chairman of the Republican Party in Baltimore County. At the time he prosecuted his case, Mr. Kolbe was an average citizen and business owner and had no more formal connection to politics than any other registered voter in Maryland. Since these facts didn’t support Mr. Dorn’s unsupportable position or distract from Mr. Oliver’s plain refusal to follow the very clear language of the Charter, Mr. Dorn did not include them.

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Mike Pappas

4:13 pm on Wednesday, October 26, 2011

The fact remains that Mr. Oliver was wrong and that he was clearly ineligible under the Charter to serve as a Councilman during his dual employment with the state. In addition, the fact also remains that any Taxpayer in Baltimore County could bring a suit at this time in the Circuit Court or a Federal Court to force the County Council to revisit every vote cast by Mr. Oliver when he was ineligible to serve. Moreover, such a citizen should also be able to request that the Court order Mr. Oliver to repay his Council salary, car benefits, pension time accrued, and other perks bestowed upon him by the County during his period of ineligibility. My opinion about this matter would not change if he was Ronald Reagan himself.

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nathan r jessup

6:42 pm on Wednesday, October 26, 2011

Mr. Pappas you "doth protest too much", it appears Mr. Dorn struck a nerve. We're a country of laws, you admit that. Any person with computer access and basic reading skills could read Patch and the Sun and see that your account of the incident is just not true. The County was enforcing their laws,without bias (look it up in the Sun) and rules are for everyone. If you don't like them , petition your councilman, get your neighbors together and change them. That's eactly what happened when the current rules were put in place. It was totally vetted by the public and voted on by the council for the good of all Baltimore County. Don't litigate in the papers and then make a big scene by going to federal court. It was cheap political theatre.
Mr. Dorn actually agreed with you that Mr. Oliver was wrong, but let the punishment of resignation fit the crime.
Semper Fi

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