Wicomico County hiring dispute escalates as council files appeal on ruling

The Wicomico County Council filed an appeal with the Maryland Appellate Court seeking an opinion on Charter Section 315 pertaining to the submission of appointments for confirmation.

Here's the latest in the legal dispute between the council and County Executive Julie Giordano on hiring powers.

Giordano says executive's office 'appalled and disappointed'

This request follows a court opinion and Declaratory Judgement, entered on Nov. 16, 2023, that determined a memorandum requesting a closed work session was legally sufficient to initiate the 45-day appointment window provided in Charter Section 315.

The court further determined that the portion of Legislative Bill 2023-11 that eliminated the salary allocation for the appointed position was stricken.

"We're appalled and disappointed at the decision of the county council even though that's their right," said County Executive Julie Giordano. "Several of them said on the record they would adhere to whatever the decision was and I think many county residents and taxpayers feel that was a lie. At our last council meeting, they were were adamant about responsible spending in terms of county projects, but they do this on an appeal they lost twice."

Giordano noted Matthew Leitzel, who was reinstated to his position as Assistant Director of Administration, has done an exemplary job amid the legal wrangling.

Key clause added to charter is at center of dispute

The Wicomico Circuit Court judge, in the original ruling, did not cite the proper version of Charter Section 315 in its opinion, omitting numerous words, including “at its legislative session." The judge, on Dec. 13, 2023, issued a corrected supplemental opinion and Declaratory Judgment concluding that the phrase “at its legislative session” does not alter the opinion.

"The council feels we cannot rely on a circuit court judge decision where they egregiously ignored the original intent of the county charter," said Wicomico County Council President John Cannon. "If judges were always right, there wouldn't be an appeals process in place. Another concern was that a judge considered a legislative submission as insignificant, yet it was the voters of the county that put such a measure in place."

Cannon also noted it was County Attorney Paul Wilber, who originally authored the charter, that was behind the letter on behalf of the Office of the County Executive challenging its application by the county council.

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The court opinion further states, “the relevant Charter provisions are silent on whether the County Executive must make an official request during a legislative session.”

The current version of Charter Section 315.A reads as follows:

“Director of Administration, Assistant Director of Administration, department heads and the initial appointment of deputy directors. Appointment by the County Executive of the Director of Administration, the Assistant Director ofAdministration, department heads or the initial appointment of a deputy director of a department in the executive branch of the county government shall be subject to confirmation by the County Council. If the Council fails to act to confirm or reject any appointment within 45 days of its submission to the County Council, at itslegislative session, by the County Executive, the appointment shall stand approved.”

'At its legislative session' added after 2016 election

The voters of Wicomico County approved adding the phrase “at its legislative session” to the charter at the 2016 election by voting in favor of Ballot Question C, which clearly requires the county executive to submit appointments for confirmation at a legislative session.

The intent of adding the phrase "at its legislation session" was to require the County Executive to submit appointments at a legislative session that is open to the public, not during a closed work session, as had been requested by the County Executive in this case.

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The County Council said in a statement it has determined that it is of the utmost importance to get a second opinion on Charter Section 315 to preserve the language and confirmation process that was approved by the voters in Wicomico County.

"This process was put in place to ensure a fair and transparent hiring process. This is an unfortunate situation that we hope can come to a quick resolution with minimal legal obligations and expenses," the county council said in a statement.

This article originally appeared on Salisbury Daily Times: Wicomico dispute on hiring powers escalates as council appeals ruling