After more than two years and thousands in legal fees deliberating the ethics question in St. Michaels, the St. Michaels Commissioners voted 3 to 2 on Wednesday to adopt a slightly modified version of “Model B”, the ethics ordinance suggested by the state for small jurisdictions.
Despite having asked the public to write letters to the ethics commission to let their voices be heard, Commission President Mike Vlahovich refused to allow a petition signed by 154 citizens to be brought to the table for discussion at the meeting.
“This is a bad way to start as a Commissioner” said Roy Myers, referencing Vlahovich’s refusal to allow him to get up to speed on the ethics question before being asked to vote on it. Myers was sworn into the Commission’s vacant seat less than 30 minutes before Vlahovich called for a vote on the matter. Commissioners Ann Borders and Roy Myers voted against the ordinance, Commissioners Clark, Harrod and Vlahovich voted for it.
At the Commissioners last meeting on August 28th, two separate ordinances were introduced into the record. One was intended to accompany the potential request that the state ethics commission re-consider the town’s request for an exemption to the law. The other was the State’s Model B with a paragraph about lobbying removed, as the state has already decided that St. Michaels is exempt from that portion of the ethics law.
Town Attorney Chip McLeod recommended to the Commissioners that they had met the state’s most recent request with the letter that he was directed to draft. That letter updated the state ethics board on the town’s progress on the issue. McLeod was saying, in effect, that they had more time to deliberate the question. He also said that once the town meets the requirements of the state law, the state steps out and the town’s own ethics commission will develop the disclosure forms and process to enact the ordinance.
Immediately after the vote, recently resigned Commissioner Tad duPont stood up to speak, holding in his hand the petition signed by 106 voters, 97 property owners and 82 business owners. The petition asked the town’s Commissioners to request that the state re-consider the town’s exemption to the state ethics law. duPont resigned his seat on the Commission over the issue.
President Vlahovich banged his gavel repeatedly, refusing to hear duPont’s comments. “You are out of order! I do not recognize you to speak” he said. After Mr. duPont sat down, a dozen people left the town hall. Many returned later to voice their comment at the end of the session.
Commissioner Borders said “I’m embarrassed that we didn’t listen to them, that we gaveled them down.”
President Vlahovich said “I feel confident that we did the best possible thing for the town.”
At issue was the question of whether the stringent financial disclosure requirements in the state’s law will reduce the pool of citizens willing to step up and run for office in the future.
For more on the history of the ethics debate in St. Michaels, click here, here, here, here and here.
In other business, the Commissioners discussed a potential water rate increase of up to 20% to address issues with the water tower and to purchase more medium to address the town’s arsenic problem. St. Michaels’s town water is among the highest in the state for high arsenic levels, and is eligible for state grants to address it. The Commissioners will introduce a resolution to increase the water rates by 20% starting October 1st.
They also heard an update on the classic car museum that is being planned for Mr. duPont’s property on Marengo St. The town’s Planning Commission has approved the site plan. The next step for the museum organizers is to apply for a redevelopment overlay zoning change and a public hearing.
Newly appointed Commissioner Roy Myers has been a resident of St. Michaels since 1998, when he and his wife retired here from New Jersey. With a MBA from the University of Chicago, he spent 30 years in management and sales at IBM. He is now one of the captains running the Harbor Shuttle in St. Michaels, and recently served on the town’s Planning Commission.
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Bob Porter says
I’m afraid that guideline #5 above precludes me from commenting. Sorry St. Michaels!
Sandra Showell says
Really, folks, really? What in the world is happening in the town of St. Michaels?
Since when is it “out of line” for the residents and the businesses to have a voice? And, since when is anyone sworn in and then asked immediately to vote on an issue? And, what type of thought process would say they did the best thing for the town without hearing FROM THE TOWN?
Apparently the voice of 82 businesses means nothing. I wonder just what it is that is the agenda here, in general? Is it for the town to become a quaint, residential mecca……you know……..similar to other small towns that really don’t like businesses? Perhaps there is a bigger problem lurking than just this one issue!
Margaret Robar says
How many of the commissioners who voted for the the full disclosure are exempt from it? I think it was very unethical the way that meeting was run. If they want full disclosure they should include themselves in that. It’s embarrassing to me the way some of our elected officials acted. Why didn’t someone on the board say anything, I’m sorry I voted for people who don’t even let the townspeople to get up and express their opinion. How ethical is that? I thought they are supposed to do what is best for the community. I’m not seeing that.
Ann Borders says
First I could not respond without applying the 48 hour rule. Second I had to decide if as a Commissioner I should say anything at all but here goes.
The Ethics Law mandated by the State came in three sizes, Model A for large cities, towns and counties; Model B for medium size towns, and a full exemption for small towns like St. Michaels if requested. Basically the State’s remedy to prevent an ethics violation was determined by the amount of risk. Small; Medium; and Large. In 2012 our small Town applied to the State requesting a full exemption. The Town statistics as presented at the time put St Michaels on the upper end of the scale for small Towns, added to that a hand full of folks interjected themselves into the process resulting in the full exemption being denied.
The next two plus years were spent working through the process to determine the best ethics law for the Town and how without an exemption, to get a right-size law qualified by the State Ethic Committee. After a lot of work and money, it was determined there were no exceptions it was B or full exemption.
Facts: Our Town has had an ethics law for many years, with a history of no major ethics issues. Our Town is small; we have less than 780 registered voters. Our Town has minimal risk for collusion. Our pool of qualified leaders is already low. Moreover, Model B is overkill for a town the size of St. Michaels and it puts the control of our ethics law in the hands of the State forever.
Yet Wednesday night against the opinion of the Town attorney; against a request of our newest Commissioner Roy Meyers for more time; against the request of an ex-commissioner Tad duPont to speak; and against the voice of the many people who signed a petition to go for an exemption again; Model B – ordinance 429 was railroaded to a vote and passed 3-2.
Only time will determine the extent of damage that this one vote will cause in our small Town of St Michaels.
I am sorry I was not able to do more, I let you down.
Chris A says
If anyone wants to know what a quality leader looks like, think about this: had Model-B been in place in 2010 Tad duPont most likely would not have run. And today you would be looking at ten long years of continuing construction as 250+ houses being built at Miles Point. And you would still be paying a .64 tax rate instead of .46. That is the difference between quality leadership and just winning an election and filling a seat. What is better for St. Michaels, Model B or an exemption?
Cathy Stinchcomb says
Let us not forget that Tad duPont pushed for many years to eliminate the inventory tax for businesses in St. Michaels (it finally happened last year).
He also pushed to get the street bond paid off. The total amount was $5,000,000.00. That finally happened as well. The interest that was being paid on that amount each year was approximately $400,000.00. There are numerous other accomplishments Tad also played a major role in. This town will not have the same leadership without him on the Commission. However, it is a much better place for having had him. Tad, your leadership and knowledge will surely be missed.