WICOMICO COUNTY COUNCIL CONFIRMATION OF APPOINTMENTS

Wicomico County, MD - The County Executive submitted a request for a closed work session to discuss the appointment of an Assistant Director of Administration on April 4, 2023, and another request for a closed work session to discuss the appointment of a Director of Public Works or Acting Director of Public Works on May 3, 2023.The County Council held closed work sessions to discuss the proposed appointments on April 18, 2023, and May 16, 2023, respectively, as requested by the County Executive, at which time Council came to a consensus, choosing not to move forward with the individuals selected for the positions.Following the closed work sessions, the County Executive failed to submit requests for confirmation of the appointments in an open legislative session as required by the Charter for either the Assistant Director of Administration, Director of Public Works, or Acting Director of Public Works positions.The County Executive, however, notified the County Council on June 22, 2023, that, despite Council's rejections, she hired a person for the Assistant Director of Administration position who would be starting the position on June 26, 2023; and the Director of Administration notified the County Council on May 17, 2023, that a person had been assigned to the position of Acting Deputy Director of Public Works.To avoid any misrepresentations that these individuals may be regarded as having been submitted to the County Council by the County Executive to satisfy her duty under Sections 315, 413, or 414 to serve as the Assistant Director of Administration, Director of Public Works, Acting Director of Public Works, Deputy Director of Public Works or Acting Deputy Director of Public Works, the County Council considered five separate resolutions, in legislative session, for the appointment of an individual to each of these positions. All five resolutions were rejected by the County Council by a super-majority decision.The County Charter divides the responsibility to appoint and confirm certain positions between the executive and legislative branches, and the Council acknowledges this confirmation process can, understandably, lead to controversy between the two branches of government. It is, however, incumbent upon both branches of government to recognize that neither should lose sight of the fact it is their obligation, at all times, to comply with the law.Supporting documentation is as follows:The Wicomico County Charter, Sections 315 and 413 provide that, within six months of the election, the County Executive shall appoint the head of each department or agency in the executive branch, the Director of Administration, Assistant Director of Administration, department heads and the initial appointment of deputy directors, who shall be subject to County Council Confirmation.As provided in Section 315, the County Executive is to submit the appointments for confirmation at a legislative session, and if Council does not approve or reject the appointment within 45 days, the appointment stands approved.In addition, Charter Section 414 provides a process for Temporary Administrative Appointments, which indicates any person appointed as "Acting Director of Administration" or acting head of a department may not exceed 90 calendar days, except by Council approval. The appointment may be extended by the Council every 90 calendar days. The purpose of this section is to allow "temporary administrative appointments," not long-term appointments, and it does not provide for an "Acting Deputy Director".It is important to note that since the County Executive took office in December 2022, the County Council has approved similar confirmations of 33 individuals who have been submitted by the County Executive in the legislative session to serve in comparable appointed positions, boards, and commissions.© Eastern Shore Undercover LLC TM/SM. All Rights Reserved.