Baltimore County Council member says new charter review panel has conflicts of interest

A Baltimore County Council member has withdrawn his name from legislation establishing a commission to review the county charter, citing possible conflicts of interest by some members of the panel.

"I cannot in good conscience support a commission comprised of a large number of lobbyists who are currently on retainer with special interests that currently have issues before the County Government," Wade Kach, a Cockeysville Republican, said in an email to constituents last week. "These special interests focus mostly on land use issues which comprise a large portion of the day to day operations of local government."

The county’s charter was adopted by voters in 1956 and has not been reviewed for more than 25 years. The document touches on a wide range of issues, including qualifications for public officials, powers and duties of the executive and legislative branches, and public notice of meetings

The County Council is scheduled to vote Tuesday on a resolution establishing the commission, and that panel would hold their its meeting the next day. They would make nonbinding recommendations for changes to the charter in a report due in October.

County voters approved a ballot question in November authorizing a review of the charter every decade, starting this year.

Since then, County Executive Kevin Kamenetz and each of the seven members of the County Council have picked people to serve on the commission. The 11 members include 10 men and one woman.

With Baltimore County Executive Kevin Kamenetz ineligible to run for reelection, county voters will select a new executive in 2018. No one has formally entered the race, but both Republican and Democrat party faithful are likely to have some choices to make. Here are some of the people who have been mentioned in the early discussion.

Kach is the sole council member to publicly criticize the appointments.

Others on the County Council defended the picks, and emphasized that county voters would have the final say on the commission’s recommendations.

In the email, Kach took issue with four appointees picked by Democrats — John B. Gontrum, who was appointed by Councilwoman Vicki Almond; Michael Paul Smith, appointed by Councilwoman Cathy Bevins; and Edward Gilliss and David H. Karceski, who were appointed by Kamenetz.

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In a statement, Don Mohler, Kamenetz’s chief of staff, called the county executive’s two appointees knowledgeable about county law.

"Attorneys familiar with the charter and the code provide valuable insight for the commission," Mohler said. "But ultimately, the commission only makes recommendations to the council. The council and the voters will make the final decisions about charter revision."

Jennifer Bevan-Dangel, executive director of Common Cause Maryland, said the appointments raise "serious red flags" because some members have had a stake in issues before county government.

"The charter review is an opportunity to reform and revise pretty significant procedural issues related to how the council operates," she said.

Bevan-Dangel noted that legislation proposed by Gov. Larry Hogan would prohibit lobbyists from serving on state boards. She said it was disappointing "to see Baltimore County is going in quite the opposite direction."

Gilliss, who chairs the county school board, told The Baltimore Sun he wouldn’t have accepted the county executive’s invitation to serve on the commission if he believed he had a conflict of interest.

Gilliss is a former county attorney and former chairman of the the county planning board. His current practice in Towson includes real estate development, title insurance, zoning and liquor licensing issues. He said his legal experience gives him insight into county government and the issues the commission will face.

Smith, the son of former County Executive Jim Smith, works primarily as a trial lawyer and said he does not believe his work creates a conflict.

"I am hopeful that my experience as a lawyer and somebody who has familiarity with county government is an asset to the commission," he said.

Gontrum appeared at the Feb. 14 council meeting, saying he was honored by the appointment. He pointed out that as an attorney, he has represented community associations and been involved in a range of civic activities.

"My activities have not been solely … representing one segment," he said.

"It’s nothing personal against you whatsoever," Kach told Gontrum. "When four of the … members of this commission are on retainer by various special interests, it causes me great concern. This county charter is really the people’s document."

Although Kach’s email referred to "lobbyists," only Karceski is listed as a registered lobbyist in 2017, according to records kept by the county law office. His clients include Merritt Properties, a Woodlawn-based developer that owns numerous properties throughout the region; solar developer SoCore Energy; and VS York Road LLC — which owns a Towson property where Starbucks plans a drive-through.

Karcesksi did not return messages seeking comment.

Almond defended the appointees and said they are ethical people.

Beth Miller of the Green Towson Alliance told the council Tuesday her group is seeking revisions to the charter that would provide ethics reform, increase government transparency and better protect the public’s interest in development.

She called it troubling that development lawyers were picked for the commission, saying the county’s current development process "continually undercuts good planning."

Councilman David Marks authored the legislation that put the ballot question to voters. The review is meant to bring a decades-old document into the 21st century, he said.

"People should know that this is simply an advisory committee," said Marks, a Perry Hall Republican. "Recommendations will be issued that the County Council can choose to ignore or submit, and any changes to the charter will have to be approved by the voters. … Changing the charter is purposely not easy."

Marks’ pick for the commission is Tony Campbell, a Towson University professor and former chairman of the county Republican party. Marks said he hopes the charter review commission will look at issues including term limits and the size of the County Council.

"These aren’t development issues," he said. "These are issues that concern the mechanics of government."

Kach’s appointee to the commission is retired attorney Nedda Pray.

Others appointed to the commission are attorneys James R. Benjamin Jr., William A. McComas and John V. Murphy — a former county councilman.

Ted Venetoulis, a former county executive, will chair the commission.

alisonk@baltsun.com

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