In the Town of Forest Heights, Prince George's County, Maryland
FHEC
5508 Arapahoe Drive
Forest Heights, Maryland 20745
v. Complaint Number 0001-04 Dated: May 21, 2004
Town Council of Forest Heights 5508 Arapahoe Drive
Forest Heights, Maryland 20745
Advisory Opinion for Ethics Compliance
On June 7, 2004 a probative inquiry was made of the Forest Heights Town Council as a direct result of statements made at the conclusion of a public hearing on the 2005 budget. Said statements were made by Councilwoman Joyce A. Beck and suggested that the Council had engaged in illegal and/or criminal activity in the preparation of the budget. At the request of the Commission, the Council voted to meet in closed session to further discuss the matters raised by Councilwoman Beck and to allow the Commission to investigate the veracity of the criminal implications raised during Councilwoman Beck's discourse.
The Council was queried regarding several areas of budget preparation including exchange of information prior to public hearing, information access policy and procedure, budget presentation and approval process to the Council and budget presentation to the public. All of these issues are directly and/or indirectly addressed in the above captioned complaint.
The key questions concerning the Commission during this inquiry were:
1. Were all of the residents of Forest Heights given fair opportunity of representation in the budget approval process insofar as their respective councilpersons were afforded equal budgetary review access and information?
2. Was the public fraudulently given false information regarding income, appropriations, and expenditures, specifically, but not limited to, the compensation to the Town Administrator?
Findings of Fact
This probative inquiry was fruitful to the extent that it allowed this Commission to make several observances of the Council. These observances, information gathered from the ongoing investigation, anticipated documentation to be delivered to the Commission from the Council on June 14, 2004 and a prior meeting with a delegation of the Council will significantly impact the disposition of the above captioned complaint filed by this Commission on May 21, 2004. The observations are as follows:
a. Each member of the Town Council has a designated mailbox (located in an adequately secure space) to receive mail and other pertinent information necessary to conduct town business.
b. At some point in the significant past and at the request of Councilwoman Beck, it has become the practice of the Town Clerk to have Councilwoman Beck's mail placed in an unsecured space for her retrieval. From time to time, this practice has been extended to Councilwoman Beck's mail being hand-delivered to her home. Since implementing this practice, there have been several times when Councilwoman Beck has not received her mail.
c. While there is no uniform procedure for obtaining budget information or any other information available under the Freedom of Information Act, all Councilpersons have been able to obtain information needed to conduct town business, albeit, not always in a timely fashion.
d. The public was not given the same opportunity to review the supporting documentation for the 2005 budget that the Town Council was given for consideration of budget approval. This has historically been the practice in the town. Specifically, the Town Administrator's salary as represented to the public was erroneous and was actually calculated with that of a proposed part-time receptionist position
e. All Town Councilpersons received the same 2005 budgetary information (minus in some cases the "Restricted Expenditures") within three business days of each other and at least one week before the public hearing.
f. The Councilpersons demonstrate verbal hostility towards one another in public and in closed session. It seems commonplace for vituperative remarks to be made in council meetings by members who have no regard for the import of the meeting itself, who disregard punctuality for the meeting, who do not honor others who may be speaking, who ignore the gavel of the Mayor, and who display general disrespect for order.
Applicability of Law
Based on the foregoing Findings of Fact and prior demonstrated openness for assistance from the Council President and delegation, which this Commission interpreted and understood as a request for an Advisory Opinion, the Commission offers the following:
A. The Town Charter Section 33-10 mandates a determination of rules and order of business to be made by the Council, for the Council.
B. The Town Ordinance Section 14.1 purpose and policy would not be served by the continued Council actions and practices that precipitated the Findings of Fact as delineated above.
Therefore, the Commission strenuously urges the Mayor and Council to forthwith (by resolution or emergency ordinance [Charter Section 33-12] [for immediate implementation]) adopt the following rules for Councilpersons conducting business:
1. Direct the Forest Heights Police Department to have an officer in attendance at all council meetings and all Ethics Commission hearings to maintain order and to exercise all police powers invested by the Charter Section 33-20(b)(40)(a) through observation, intervention, removal, and arrest if necessary.
2. All Councilpersons are responsible for retrieving their mail at least every three days and must sign a log left with the Town Clerk stating that they have indeed received their mail. Failure to retrieve mail accordingly shall be considered negligence and may result in Mayoral review, Ethics Commission Complaint procedures, and disciplinary action up to and including loss of discussion right on any topic covered by documentation not retrieved during the negligent period.
3. All Councilpersons are expected to be present at every meeting failing emergency situations or incapacitation. Timely notification of said absence must be given and verifiable explanation of said absence must be presented as soon as practicable. Enforcement and oversight of this clause shall rest with the Council. Non-compliance shall be subject may result in Mayoral review, Ethics Commission Complaint procedures, and disciplinary action up to a Council vote of suspension of duties thereby suspending said Councilperson's duties and forfeiting pay.
4. All Councilpersons are expected to be timely in attendance at all meetings. Timely notification of tardiness must be given and verifiable explanation of said tardiness must be presented as soon as practicable. Tardiness exceeding 10 minutes automatically disqualifies Councilperson from discussions on the table and from bringing a topic to the table except by a vote to the contrary. Enforcement and oversight of this clause shall rest with the Council. Repeated non-compliance may result in Mayoral review, Ethics Commission Complaint procedures, and disciplinary action up to a Council vote of suspension of duties thereby suspending said Councilperson's duties and forfeiting pay.
5. Absolutely no verbally abusive language, profanity nor obscene language shall be permitted in the conduct of town business. Repeated non-compliance may result in Mayoral review, Ethics Commission Complaint procedures, and disciplinary action up to a Council vote of suspension of duties thereby suspending said Councilperson's duties and forfeiting pay.
6. The chairperson of the meeting shall yield the floor to each Councilperson for a prescribed amount of speaking time. No member shall speak without the prior verbal yielding by the chairperson. The chairperson or a designee shall be responsible for monitoring the time. Repeated non-compliance may result in Mayoral review, Ethics Commission Complaint procedures, and disciplinary action up to a Council vote of suspension of duties thereby suspending said Councilperson's duties and forfeiting pay.
In addition, the council is urged to consider the following positions:
1. All budgets should be submitted for Ethics review prior to approval.
2. The '05 budget should not be approved until the public has had the opportunity to review the supporting budget documentation that the council will utilize in its consideration of the `05. The opportunity to review should be advertised to the residents at least one week prior to approving the budget to allow feedback.
3. Establish written policy via directive or memo for obtaining information covered by the FOIA. All requests should be made in writing and recorded.
4. Develop Town Administration Policies and Procedures Manual and Personnel Manual to include Personnel Management, Elected/Appointed Officials Conduct, etc.
Signed
Anne Reifsneider, Member
Marvin Redmond, Member
Myles Spires, Jr, Chairman
Advisory Opinion for Ethics Compliance
June 11 , 2004