St. Michaels voters will address the years-old question of the town ethics code on Monday, February 3rd in a special election.
The special election is a result of a petition signed by 172 town voters (over 20% of registered voters) last fall to hold a referendum vote on the issue.
Although St. Michaels has had an ethics code in place since the 1980s, the town, like every other town in Maryland, has been forced by a 2010 state law to adopt a new ethics code. In 2012, the State Ethics Commission offered two proposed codes – one named Model A (for large jurisdictions) and another named Model B (for smaller towns) as sample ordinances that it would accept from Maryland towns to address the new state law’s intent.
At issue has been the requirement of the new law that all elected officials even in small towns abide by the same conflict of interest and financial disclosure requirements as statewide officials. Opponents say that this requirement is onerous, shouldn’t apply to small jurisdictions, and will only push potential leaders away from considering service in rural settings like St. Michaels. Supporters believe that any ethics regulations appropriate for statewide office should apply across the board to all elected officials anywhere.
St. Michaels Commissioners and the town’s Ethics Commission spent well over two years discussing and debating how to handle the required changes. Most small towns across the state applied for exemptions to the new law. St. Michaels’ request for exemption was denied by the State Ethics Commission.
The issue has been contentious enough that it resulted in the resignation of Commissioner Thomas (Tad) duPont in early September, 2013. On September 11, 2013, at a meeting in which duPont’s replacement was sworn into office and town people expected further debate on the issue, President Michael Vlahovich called for a vote on the adoption of Model B as the town ethics code. At that meeting, the Commissioners voted 3-2 to adopt the state’s Model B sample legislation. It was that vote and President Vlahovich’s refusal to hear Mr. duPont’s testimony that prompted the town’s opponents of Model B to seek a referendum.
For more information and history on the issue, see previous Spy coverage here, here, here, here, here, here, here, here, here, and here.
If the townspeople vote to overturn the Commissioners’ decision to adopt Model B, the town may then return to the State Ethics Commission, asking for a reconsideration of the town’s exemption. In any case, the final decision on the issue lies with the State Ethics Commission, who could stand by their previous denial of the exemption, forcing St. Michaels to adopt the Model B ordinance once and for all.
Voting will take place on Monday, February 3rd in the Edgar M. Bosley, Jr. Municipal Building (Town Office), 300 Mill Street, St. Michaels, MD between the hours of 7:00 a.m. and 7:00 p.m.
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