Citizen Gets “Fact Checked” by Commissioner on Open Meetings Act Allegations
Left to Right: Town Attorney Lyndsay Ryan, Commissioner Katrina Greer, Commissioner Norm Bell, Commissioner Tom Costigan, Town Clerk Vickie Sharp, and Police Chief Chris Phillips
Please Follow us on Gab, Minds, Telegram, Rumble, GETTR, Truth Social, Twitter
It was a packed agenda and a packed meeting room at the Oxford Town Office Building Tuesday night, October 8th. With recent controversy over the attempt by some Commissioners to limit free speech to the beginning and the end of the meetings and allegations from citizen Russell Gray over a gathering of Commissioner Greer and some citizens of the town in the town park to discuss ideas for meeting procedures, the atmosphere was electric.
After the pledge, Commissioner Katrina Greer made a statement after thanking Town Clerk Vickie Sharp for compiling the packets for the meeting. She asked town lawyer Lyndsay Ryan, ” At the last meeting, Mr. Gray seemed so concerned about my meeting with citizens in the town park on September 24th to get input was in violation of the Open Meetings Act. No other commissioner was there. Was that a violation of the Open Meetings Act?”
Ryan answered that it was not and clarified that a quorum of the elected body must be there for it to be a violation.
This was a fact check of a statement made by resident Russell Gray at the last town meeting. Here is the story we wrote about that allegation:
Citizen’s Attack On Greer Is A Misguided Distraction – Easton Gazette
Gray would comment publicly later on that his concern was that another Commissioner was on the email chain and could have shown up at the meeting, thus making it a violation. Greer answered that Gray’s scenario was hypothetical and if that had happened, she would have immediately ended the meeting. Gray made a strange comment that Greer’s explanation was also hypothetical. He thanked Greer and Ryan for the explanation.
RESOLUTION 2417: This resolution has been the main topic of conversation for the past month. After one meeting when one citizen suddenly and rudely interrupted another citizen who was granted the floor to make public comment, the commissioners decided to create the public comment rules. Despite much opposition, two of the Commissioners (Bell and Costigan) passed the following resolution:
oxfordmd.net/wp-content/uploads/2024/09/2417-Res-Rule-for-Conduct-at-Commission-Meetings.pdf
Discussion ensued about the words in the Oxford Charter regarding public comments at meetings. This is the applicable section of the Town Charter:
Section C3-4. Meetings of the Commission.
The Commissioners at their first meeting in July, or in the event that an election is postponed due to a
state of emergency or a catastrophic health emergency, at their first regular meeting following the date of the election, shall choose from their own body a President, who shall preside at all their meetings, after which the Commissioners shall meet regularly at such times as may be prescribed by its rules but not less frequently than twice each month. Special meetings shall be called by the President Clerk-Treasurer upon the request of the President or a majority of the Commissioners. All meeting [meetings] of the Commissioners shall be open to the public, and the rules of the Commissioners shall provide that residents of the Town shall have a reasonable opportunity to be heard at any meeting in regard to any municipal question. However a majority of the Commissioners may determine that the subject matter, such as personnel, property acquisitions, sale or lease, etc., should be considered in executive session from which the public is excluded but no ordinance, resolution, rule or regulation shall be finally adopted at such an executive session. In executive session a record shall be kept as required for a regular meeting in accordance with Section C3-7 but the record shall not be open for public inspection if such inspection would frustrate the purpose for the executive session.
Discussion of Resolution 2417 was held last Wednesday during a Commissioner’s work session since it was clear many residents did not agree with the provisions of the resolution.
Commissioner Costigan proposed that public comment be held at the beginning of the meeting and at the end. Commissioner Greer proposed that public comment be allowed during the meeting regarding any resolution or ordnance. Commissioner Bell made a statement prior to the discussion saying, “I was elected to use my education and experience to make decisions on these various (town) matters. So, I believe that public comment during the business section of the meeting should be permitted, but only with respect to those matters specifically designated by the Commissioners.”
The Commissioners then discussed various structures for public comment. Commissioner Greer pointed out that with only three items being voted on during the evening’s meeting that allowing public comment would not disrupt or unduly prolong the meeting. She added that Commissioners may not always know which items will induce public comment.
Costigan stated that other towns in the area allow comment prior to the meeting. He cited St. Michaels and Cambridge as examples.
Citizens had a lot to say on the topic.
Resident Dave Donovan expressed his disbelief that this topic was still being discussed after the workshop that was conducted last week. He pointed out that during that workshop, citizens expressed their ideas and left feeling that the commissioners had worked out the language on the document.
” Then today, when we get to the part where we are going to discuss this and I learn that one or two of you don’t agree with the language in this resolution. How is anyone supposed to know that coming into this meeting in order to make comments?”
“It shouldn’t be lost on anyone that at least two of the three of you had decided the first time this whole thing came up that NOBODY would get to talk about it at the meeting. The fact that we had a workshop and are back here tonight debating this again demonstrates how completely wrong you are. You need to invite and listen to public comments.”
He then concluded with the opinion that citizens should be entitled to speak about matters up for a vote when votes are taken and that before and after the meeting doesn’t work.
Jane McCarthy expressed her frustration with the Commissioners. “I am getting tired of this. Norman and Tom, I have a question for you. What are you hiding? What are you afraid people will ask questions about?”
Rose Donovan asked, “What is the criteria you will use if the language is “may”? What will the criteria be for action items to allow public comment? Doesn’t sound like the spirit of what we want in our commissioners.”
Many of the other commenters also spoke in favor of allowing public comment during commissioner discussion regarding issues for the town rather than just prior to the meeting and at the end after all votes were taken.
Only one person, former appointed commissioner Susan Delean Botkin, favored the commissioners NOT allowing public comment on important items for the town. She referenced the fact that the United States is a representative democracy and that we elect our representatives to make the decisions and that’s what we should allow them to do. During her tenure, Botkin often worked to control and limit public comment.
In the end, the Commissioners voted unanimously to pass Resolution 2419 which repeals Resolution 2417 and will allow public comments during the meeting on items which are up for a vote. * We will post a link to this new Resolution as soon as one is available.
Oxford Residents at October 8 Meeting
OTHER TOPICS COVERED:
FLOOD MITIGATION: A representative from the GMB firm, a firm that has had many contracts for projects in Oxford, spoke about a possible delay in the Stormwater Management Plan projects in certain areas of Oxford due to the fact that one of the subcontractors for the project has since gone out of business. This could set the project back 6 to 8 weeks as either GMB or the town puts out bids for the contract. It was also suggested that perhaps the town’s own maintenance crew could do some of the work. A discussion was held regarding the best pumps, gates, etc. for the problem.
RESOLUTION 2411- Setting fees for mooring buoys. The Port Wardens have approved a fee of $350.00 for a 2-year program for the buoys. Commissioner Costigan gave lavish praise to the Port Wardens for their hard work on the fee schedule. Commissioner Greer felt the increase from $25.00 to $350 was excessive and proposed a $175.00 fee for two years. The resolution was approved by a vote of 2-1.
RESOLUTION 2418- Amending the Oxford Police manual so officers can get paid when they have to appear in court on their off days. It was approved unanimously.
THE STRAND: Commissioner Greer reviewed that the next phase of the Strand Project, $300,000 for the crowning of Strand Road and raising the parking lot. Bayland Engineer Consultants will be reviewing Underwood’s plans to assure that the project doesn’t cause a stormwater problem for the condominiums and their parking lot.
Greer also stated that the plantings on the Strand Shoreline are a concern for the town. The National Wildlife Federation and DNR are meeting with the contractor, Underwood, because Underwood didn’t follow the plant schedule nor did they plant the correct plants. Six hundred six plants were in the plan for the project but Underwood has only planted 10. No trees or bushes on the plan were delivered. NWF and DNR will be discussing this problem with Underwood.
Commissioner Costigan suggested the town not pay Underwood the rest of his payment and Greer reminded him that Underwood had already been paid for this phase of the project and the next payment amount was for a completely different part of the project.
Greer said the orange construction fence will be taken down. She also revealed that the town had applied to the Christopher Reeves Foundation for $20,000 to purchase a MOBI-mat for the shoreline which will bring the area into ADA compliance. This could be installed before the beach season.
Prior to the end of the meeting, resident Bob Burgner addressed Strand Road and the fact that Underwood had not left any of the 4-foot grass strip near the road where people could walk from the beach to the wall on the Strand and that this was dangerous when traffic is on the road. He also questioned the pricing practices of the GMB firm regarding pump installation.
TOWN MANAGER SEARCH: Greer described that the Baker-Tilly firm had 20 applicants and will be start the review process in two weeks.
RFP FOR STRUCTURAL ENGINEER: A structural engineer needs to be hired to evaluate homes to see if they can stand being lifted.
HIRING INTERIM TOWN STAFF: Since the town staff will be down to one person with the retirement of Lisa Willoughby in three weeks, Greer recommended hiring temporary staff to help out until the new Town Manager is in place.
MARILYN WILLIAMS: Commissioner Costigan thanked Williams who ended her tenure with Oxford October 8th. He mentioned her positive work with boards and commissions and that she pitched in when two members of the town office were out. Costigan also mentioned that Williams helped the town implement emergency procedures for when disasters occur such as the ones that happened recently in North Carolina and Florida.
FIRST AMENDMENT EXPLANATION: Attorney Lyndsay Ryan reviewed the First Amendment and court decisions that allow public entities to set time limits to public speakers in order to get business conducted. Those limits must be content neutral restrictions which means they must be applied equally to all speakers regardless of whether the commissioners like what the speaker is saying or not. Speakers may be stopped if they are disrupting the meeting, but that has to be an actual disruption and not just something that offends or bothers a commissioner. She added that it is a “balancing act” between wanting to conduct business and allowing citizen input.
Citizens can rarely be removed from town meetings unless their actions are so drastic that the meeting must be stopped. They cannot be removed because the Commissioners don’t like the citizen’s opinions.
NOTE: Costigan mentioned that even the courts disagree with some of the interpretations of the First Amendment. This has led some to believe he may encourage a change in the Town’s Charter regarding the public’s participation in town meetings. We have no evidence of this at this time.
Link to Video Livestream: Stream Video – Town Hall Streams
