Carroll County Commissioners in Violation of Open Meetings Laws

In the 11-page opinion, the board said it understands the dual role the commissioners play as both legislators and the county executives, but the commissioners should lean toward keeping every meeting open. The board also said it could not accept the county’s interpretation of the law.

"To do so would create an enormous loophole not only in Carroll County but also in the other counties and municipalities where executive and legislative functions are combined in the same body," said the board.

Neil Ridgely, a Finksburg resident, asked the state to investigate whether 55 different closed meetings and executive sessions were conducted legally and whether only appropriate matters were discussed.

In a separate complaint, the Carroll County Times asked the state to investigate an executive session held Sept. 12, 2000. During that meeting, the commissioners privately discussed personal differences and parts of their strategic plan. Julia Walsh Gouge, Board of Commissioners president, later questioned why the meeting was closed.

The complaints focused on the "executive" exemption from the open meetings act, a section that allows the commissioners to discuss certain issues privately if they are carrying out existing law and not setting new policies.

In March, the complainants met with the commissioners and the three-person Open Meetings Compliance Board for an informal conference. During that conference, the board encouraged the commissioners to consider keeping all meetings open.

Jack Schwartz, assistant attorney general, said in March that when the commissioners are considering whether they can close a meeting, they should first decide whether there would really be a problem if the meeting were open. He said that with that approach, there would be fewer decisions to close meetings.

Along with opening more of its meetings to the public, Laurell Taylor, county attorney, said she is going to put together a training session for the county directors and monitor the agenda for meetings that should be open.

- From the Carroll County Times