Unlawful Meeting: Rockville Mayor and Council Fails to Notify Public
Today the Maryland Open Meetings Compliance Board determined that the Rockville Mayor and Council violated the Open Meetings Act by failing to provide reasonable advance notice of the meeting held on Friday, May 24, 2024. During this ten-minute meeting, the City Council approved two significant items—an agreement related to the development of Twinbrook Commons and the appointment of an Acting City Manager—but had posted and altered the agenda just the day prior, deliberately omitting the appointment of the Acting City Manager.
The Compliance Board emphasized that the Mayor and Council [as well as any other city commission], “may not omit an item from the agenda that the body knows, at the time the agenda is made public, that the body will discuss at the meeting. Nor should a body deliberately delay its decisions about what items it will discuss at a meeting, in order to avoid disclosing those items to the public on an agenda.”
Back in May when this began, I was surprised by the meeting’s timing and the incomplete agenda. Shortly after, it became clear that the Council had appointed Barack Matite as Acting City Manager as a last-minute addition to the agenda, prompting me to file a complaint with the Open Meetings Compliance Board, as follows:
- Lack of Adequate Public Notice: The resolution to appoint a new City Manager was introduced at the meeting’s start, without being listed on the public agenda posted on May 23, 2024. This deprived residents of the opportunity to prepare for and engage in the decision-making process.
- Unusual Meeting Time: The meeting took place on a Friday morning, deviating from the regular Monday night sessions. This irregular timing likely hindered public participation, as many residents were either unaware or unable to attend due to work or other commitments.
- Delayed Posting of Revised Agenda: The revised agenda, which included the Acting City Manager’s appointment, was posted at 10:24 AM, after the meeting had ended. This delay violated principles of transparency and open governance by preventing timely public access to crucial information.
- Introduction of New Agenda Item: Mayor Monique Ashton introduced the resolution to appoint the Deputy City Manager as Acting City Manager during the meeting without prior public notice. The original agenda listed only one item, the Twinbrook Quarter development agreement, making the sudden addition a breach of transparency standards.
Given the City’s prior violations of the Open Meetings Act, it is crucial to remind the new Council of their responsibilities to voters and to set clear expectations for government transparency. Despite the presence of experienced members, including an attorney, community activist, and a federal government executive, these issues persist (and if you read the City’s response to my complaint, it seems that Mayor Ashton isn’t helping). Considering how many times violations have happened, someone keeps giving the Mayor and Council poor advice.
Moving forward, the Mayor is required to address this issue in a public meeting and outline measures to prevent future occurrences. I strongly urge all members of Council and City Commissions to review the Open Meetings Act to become personally familiar with the requirements and establish better policies and procedures. Additionally, there have been reports of unannounced “meetings before the meeting,” which are only permissible under specific conditions. On July 1, I requested further details under the Maryland Public Information Act to ensure compliance, but no response has been provided yet by the City.
For more details, please refer to the Open Meetings Commission’s decision dated July 29 and the City’s explanation on June 27.
A Call for Transparency to the Mayor and Council
Ensuring Open Governance in Rockville
As residents of Rockville, we take pride in our city’s vibrant community, exceptional services, and the transparent governance that supports our daily lives. However, a recent incident has raised concerns about the adherence to the Maryland Open Meetings Act, a vital law that ensures our local government operates openly and honestly. On Friday, May 24, 2024 at 10:00 am, the Rockville Mayor and Council appointed Barack Matite as Acting City Manager without providing adequate public notice, highlighting a significant breach of the principles of transparency and open governance.
What Happened?
On May 24, 2024, the Rockville Mayor and Council held a meeting that was not only unusual in its timing but also in its proceedings. Typically, the City Council meets on Monday nights, a schedule that allows residents to plan their attendance and participation. However, this meeting took place on a Friday morning, an unexpected and inconvenient time for many. The agenda initially posted on May 23, 2024, listed only one item: the Moderately Priced Dwelling Unit Rental Program Agreement for phase one of the Twinbrook Quarter development.
At the start of the meeting, Mayor Monique Ashton announced an additional agenda item—a resolution to appoint the Deputy City Manager, Barack Matite, as Acting City Manager, effective immediately. This resolution was introduced without prior notice to the public, preventing residents from being informed and prepared to discuss or contest the appointment. To further complicate matters, the revised agenda that included this crucial item was posted at 10:24 am, after the meeting had already begun.
Why It Matters
The Maryland Open Meetings Act exists to ensure that government decisions are made transparently and with public involvement. When decisions are made without adequate notice or opportunity for public input, it undermines trust in our local government and its commitment to representing our interests. The appointment of a new Acting City Manager is a significant decision that impacts the leadership and direction of our city. Residents have a right to be informed and involved in such important matters.
The Violations
Several key violations of the Open Meetings Act occurred during the May 24th meeting:
- Lack of Adequate Public Notice: The resolution to appoint the Acting City Manager was not listed on the agenda posted the day before the meeting, depriving residents of the opportunity to prepare and participate.
- Unusual Meeting Time: The meeting was held on a Friday morning, diverging from the regular Monday night schedule, which likely limited public attendance and participation.
- Delayed Posting of Revised Agenda: The revised agenda was posted after the meeting had started, further preventing residents from being aware of the new agenda item in a timely manner.
Moving Forward
Transparency and accountability are the cornerstones of good governance. To maintain public trust, it is essential that the City of Rockville adheres to the principles outlined in the Maryland Open Meetings Act. As residents, we must hold our local government accountable and demand adherence to these principles to ensure that our voices are heard and our interests are represented.
I urge all Rockville residents to stay informed and involved in our local government. Attend meetings, ask questions, and demand transparency. By doing so, we can help ensure that Rockville remains a city we are proud to call home, governed by the principles of openness and integrity.
Together, let’s advocate for a government that values our participation and upholds the trust we place in it. Transparency is not just a legal requirement—it’s a promise to the community that must be honored.
Barack Matite Appointed Acting City Manager—Again!
This morning the Rockville City Council appointed Barack Matite as Acting City Manager effective May 24, 2024 in a unanimous decision with no discussion. The resolution to appoint a new City Manager was introduced at the beginning of the meeting and was not listed on yesterday’s public agenda:
Mayor Monique Ashton: Good morning Rockville, today is Friday, May 24th and we are going to move into meeting number 13-24. We have an agenda item focused on the Moderately Priced Dwelling Unit Rental Program Agreement for phase one of Twinbrook Quarter development. We would like to add another agenda item focused on a resolution for the Acting City Manager.…[vote on MPDU Agreement with no discussion]
Mayor Monique Ashton: Alright, so we have our second agenda item focused on the resolution to appoint the Deputy City Manager to service Acting City Manager. Do we have a motion?
Councilmember (unidentified): I move to adopt a resolution appointing Deputy City Manager Barack Matite to serve as the Acting City Manager effective today, May 24th, 2024 until such time as the Mayor and Council shall appoint a permanent City Manager.
Mayor Monique Ashton: Thank you, the motion has been made and seconded, all those in favor please raise your hand and say aye. I want to thank our new Acting City Manager Barack Matite for stepping into this role to support the City. We really appreciate it. Thank you all staff and I want to also send a few thanks to Craig Simoneau who has done an outstanding job in terms of supporting the operations in the City. We appreciate the leadership of the staff and supporting and making sure Rockville is the best place to live, work and play. Thank you very much.
Evidently this change in administration was in the works because the staff report and resolution are the missing pages 3-4 mentioned earlier and the staff report states that, “This is the second time this item has come before the Mayor and Council.” Watch the meeting for yourself (it takes less than four minutes!).
Barack Matite was appointed Acting City Manager in August 2023, when Rob DiSpirito resigned under murky circumstances. A few months later, Matite also resigned under murky circumstances and as one of their last acts, the outgoing Mayor and Council appointed Craig Simoneau as Acting City Manager on November 15, 2024. Depending on how you count, that’s four city managers in the last year?!? Despite the larger city council, it doesn’t look like leadership has improved.
As of 4:30 pm, no official announcement on the city website.
Unexpected Resignation: Rockville City Manager Rob DiSpirito Departs Post
Rockville City Manager Rob DiSpirito resigned yesterday on Thursday, August 17, effective at 5:00 pm. The Mayor and Council accepted his resignation and appointed Deputy City Manager Barack Matite as acting city manager, effective immediately. DiSpirito had served as Rockville’s city manager since January 2017. DiSpirito was interim senior manager of the Sarasota County (Florida) Planning and Development Department when appointed in December 2016 and previously served as the city manager of Dunedin, Florida for nine years and city manager of Oberlin, Ohio for 11 years. Barack Matite was previously City Manager of Eudora, Kansas (population 6,449) and holds a master’s in public administration from the University of Kansas.
It’s unclear what prompted the resignation, but we can assume it’s related to the Mayor and Council Closed Session meeting yesterday, which was to conclude the Performance Improvement Plan that the Mayor and Council instituted 90 days ago. Unfortunately, once again the Mayor and Council is unable to follow Maryland Open Meetings Act and failed to post the adjournment of the meeting, which was held exclusively on WebEx. In Maryland, “After a public body has met in a session closed under § 3-305, it must include a summary of the session in the minutes of its next public meeting. Public bodies may instead include the summary in the minutes of the public meeting held that day—that way, the public will see the summary sooner—but should follow a consistent practice or include a cross-reference in the later set of minutes so that the public knows where to look” (Chapter 6, OMA). I strongly recommend the latter approach to provide greater transparency to government, but so far, the Mayor and Council has been reluctant to go down this path. What are they trying to hide? Perhaps this an issue for the upcoming election.
The City Manager is the “executive officer and head of the administrative branch of the City” and one of three employees that report directly to the Mayor and Council (Chapter 2, Rockville City Code). City Manager Rob DiSpirito served six years. The previous City Manager, Barbara B. Matthews, served almost four years, when she was fired by the Mayor and Council in a contentious 3-2 vote (Mayor Bridget Newton and Councilmembers Beryl Feinberg and Virginia Onley voted to terminate her employment; Councilmembers Mark Pierzchala and Julie Palakovich Carr voted against). City Manager Scott Ullery retired in December 2011 after seven years following conflicts with Mayor Phyllis Marcuccio over the management of the City. Notice a pattern? Ironically, most of the current city council members have NO experience supervising employees at a management or executive level, yet make crucial decisions about hiring, supervising, and terminating these types of employees. Are management skills an increasingly important qualification for Mayor and Council?
Follow-up: On August 19, 2023, Barry Jackson, candidate for Rockville City Council, insisted that current Mayor and Council should not begin the search for the new City Manager but instead that the “newly elected Mayor and City Council hire a City Manager through a transparent and thorough process.”
Max for Rockville 