Editorials

EASTERN SHORE UNDERCOVER EDITORIAL: ONGOING BATTLE BETWEEN LEGISLATIVE BRANCH AND EXECUTIVE BRANCH IN WICOMICO COUNTY CONTINUES

July 5, 2023

Wicomico County, MD - In what seems like just another display of power and an ongoing battle between the Legislative Branch and the Executive Branch, the Wicomico County Council tonight rejected Wicomico County Executive Julie Giordano's request to fill positions in Wicomico County.

In tonight's County Council meeting, the council voted against Resolution 85-2023: Confirming Matthew Leitzel to serve as Assistant Director of Administration, as well as Resolutions 86-2023, 87-2023, 88-2023, and 89-2023, which would have appointed Heather Lankford in Wicomico County.

These individuals, by charter, are hired by and work for the County Executive's Office, NOT the Wicomico County Council. Therefore, Mrs. Giordano should be afforded the opportunity to hire those individuals that she feels are best suited to work within her office and best to do the job in Wicomico County.

By rejecting and not approving these new hires, the Legislative Branch of Wicomico County has clearly overstepped its boundaries and violated the charter.

Let's take a look at each of the items commented on tonight in the council meeting.

Resolution No. 85-2023 - Confirming Matthew Leitzel to Serve as the Assistant Director of Administration in accordance with the Wicomico County Charter

April 4, 2023 - Matthew Leitzel was submitted to the County Council as an appointment for the Assistant Director of Administration

April 18, 2023 - Mr. Leitzel was introduced in a closed work session.

Following that introduction, the Council Administrator sent an email to the Director of Administration stating the following:

"Thank you for taking the time to introduce Captain Matthew Leitzel as a candidate to Council for the Assistant Director of Administration position... Unfortunately, there was not a consensus by Council to move forward with Captain Leitzel for the position".

As with any Legislative body, a consensus is not a vote as the Legislative body cannot vote in closed session as it violates the Open Meetings Act. Per the County Charter, "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." (Section 315- Confirmation of Appointments)

The Council neglected to confirm or reject Mr. Leitzel within 45 days of submission, which would have been May 19^th. The vote of this resolution is over 30 days past the window to confirm or reject. Due to the council's failure to act, the appointment stands approved.

This resolution proves that a submission to Council was made, but the resolution is moot and may require judicial review.

Resolution No. 87-2023 - Confirming Heather Lankford to Serve as the Acting Director of Public Works in Accordance with the Wicomico County Charter

According to the charter, the County Council has no authority to confirm or reject any "acting position." They only have the authority to confirm or reject the extension of the "Acting Director of Administration" or acting head of a department.

Per the charter, "The appointment of any person appointed as "Acting Director of Administration" or acting head of a department may not exceed 90 calendar days, except by Council approval. This appointment may be extended by the Council every 90 calendar days." (Section 414- Temporary Administrative Appointments)

May 3, 2023 - Mrs. Lankford was submitted to the County Council

May 18, 2023 - Mrs. Lankford was introduced in a closed work session

Once again, an email stating that there was no consensus was sent to the Director of Administration. While no vote occurred within the 45-day window, the Executive and Director of Administration named Ms. Lankford the Acting Deputy Director of Public Works. This resolution proves that a submission to Council was made.

As far as the other resolutions, 86-2023, 88-2023 and 89-2023, Heather Lankford was never submitted to the County Council for those positions. The Council doesn't even know which positions the Executive is requesting. That being said, the County Council has no authority to confirm or reject any "acting position." They only have the authority to confirm or reject the extension of the "Acting Director of Administration" or acting head of a department.

The Council also has no authority to reject or confirm the extension of any "Acting" Deputy Director role per the charter. Paul Wilber, County Attorney, provided the County Council with his legal opinion on the matter.

Due to this, the appointment stands. The resolution is moot and may require judicial review.

In addition, knowing all this, the Wicomico County Council introduced a new bill that states the following:

Legislative Bill No. 2023-11 - An ACT to Amend Exhibit "B," Exhibit "C," and Exhibit "F" of the Annual Budget and Appropriation Bill, Legislative Bill No. 2023- 04, adopted June 9, 2023, to remove the salaries for the Assistant Director of Administration Position, the Director of Public Works Position, and the Deputy Director of Public Works Position

The County Council's justification is that the Executive failed to appoint all heads of each department within six months after the election. The charter states, "Within six months after each election for County Executive, the County Executive shall appoint the Director of Administration, and the Assistant Director of Administration and all heads of each department or agency of the executive branch as defined by Section 502 and 503 of this Charter and the Code of Wicomico County, subject to confirmation by the Council as required by Section 315 of this Charter, provided that this sentence does not apply to the then appointed and serving deputy directors." (Section 413- Administrative Appointments)

As stated above, the Assistant Director of Administration was submitted to Council on April 4, 2023, an Acting Director of Public Works was named and submitted for extension, and the role of Deputy Director of Public Works was already occupied when the executive took office. Once the position of Deputy Director of Public Works became vacant, the position was occupied with an "Acting" Deputy Director of Public Works, which requires no confirmation of appointment or extension from the Council. This legislation is inappropriate, moot, and may require judicial review. The County Council also received a legal opinion from the County Attorney, Paul Wilbur with a comprehensive explanation.

Based on the above explanations, the Council has repeatedly violated the charter, especially Section 314-Non-interference with the executive branch, which states, "Neither the County Council nor any of its members shall attempt to supervise, direct, administer or interfere with any of the functions or the personnel of the executive branch." These resolutions and bills prove gross interference and abuse of power from the County Council. The County Executive will have no choice but to take these matters to a court of law to hold the County Council accountable for their egregious actions.

While I do not know much about Mr. Leitzel, I was able to get my hands on the recommendation letters that Mrs. Lankford mentioned in tonight's meeting and to say that she comes as a highly qualified and recommended candidate would be a gross understatement. She comes with strong recommendations from many of our local leaders and there is no real justification for not approving the County Executive's appointment of Mrs. Lankford.

So where does this leave Wicomico County?

To me, it is very concerning. I understand that there are checks and balances, and I understand that the Legislative Branch and Executive Branch are separate for a reason, but some of the decisions that are being made, make absolutely no sense other than a display of power, which will absolutely result in a negative manner for taxpayers in Wicomico County.

I would imagine that there will be lawsuits filed in the coming weeks and judicial hearings, which are going to cost the Wicomico County taxpayers an enormous amount of money that can be utilized elsewhere.

Additionally, the positions need to be filled! They've sat empty for over three years, and I am a firm believer that good leadership hires individuals that can work for them, not against them. I have personally worked for some of the larger companies in the world, and one thing they all have in common is they hire people that are qualified and able to do the job! If you look at any successful company, they have successful people working for them who are happy and enjoy the job!

Over the past 18 months, there has been a retention issue in Wicomico County, and we have had issues with filling positions as well. Since County Executive Giordano has taken office, she has continuously surrounded herself with the best of the best and continues to look for those individuals who are able to get Wicomico County back on track.

Those individuals include Mr. Leitzel and Mrs. Lankford, both of whom Madam Giordano, as well as a plethora of other local leaders, feel are qualified for the positions. So ask yourself, why is the Wicomico County Council blocking these two positions? Are they flexing their judicial muscles to prove a point or do they have a logical explanation to this nonsense that is effectively going to cost the taxpayer who votes them into office?

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