Baltimore County Inspector General Kelly Madigan wants the county attorney to offer a legal opinion on whether the county council violated the charter when it held an unpublicized, closed door meeting.
But County Executive Kathy Klausmeier is refusing Madigan’s request.
The council held the private meeting on January 3, days before it chose Klausmeier to be county executive, replacing Johnny Olszewski who resigned to take a seat in Congress.
Inspector General Madigan legally cannot ask the county attorney for a legal opinion about it but Klausmeier can. Madigan said the executive said no.
“I would think it would serve everyone’s interest to have a legal analysis, a legal opinion of whether or not the facts from January 3, again, right or wrong, violated the charter,” Madigan said.
County Administrative Officer D’Andrea Walker, in a written response to Madigan, said it would be inappropriate for the executive branch to ask for the opinion since it involves the legislative branch.
“As a result, it would be more appropriate for you to request to the council that it ask the county attorney to provide a legal opinion on this issue,” Walker told Madigan.
The county council can also request a legal opinion from the county attorney.
Council Chairman Mike Ertel told Madigan in a letter that they will take her recommendation under advisement.
When asked about it, Ertel told WYPR in a text that he is waiting to discuss it with his colleagues.
Madigan said the inspector general should have the ability to directly ask the county attorney for a legal opinion and she has discussed it with county officials.
“This is one of several statute tweaks that I discussed with the county council and with the county executive,” Madigan said.
WYPR and others filed complaints with the Maryland Attorney General’s Open Meetings Compliance Board following the January 3 meeting.
The board later ruled that the meeting did not violate the state’s Open Meetings Act. But the board did not examine whether it violated Baltimore County’s charter.
In June, Madigan’s office received a complaint signed by a dozen people alleging that the county violated the county charter when it met secretly on Jan 3.
