The City of Rockville recently determined that some of the campaign contribution limits in the Election Code are unconstitutional. It’s a bit confusing, so here’s the official notice from the City Clerk:
The Board of Supervisors of Elections wants to let you know that the Mayor and Council introduced an ordinance this past Monday, September 9, 2019, that, if adopted, would amend Section 8-78 of Chapter 8, “Elections,” of the City Code to delete the $2,000 limit on total contributions in an election cycle in subsections (d) and (e). A total contribution limit has been found by the United States Supreme Court to be unconstitutional in the case of McCutcheon v. Federal Election Commission. While the total contribution limit is unconstitutional, the limit of contributions to an individual or a campaign committee of $1,000 is constitutional and that limit remains in full force and effect. While the ordinance introduced by the Mayor and Council on September 9 has not yet been adopted, the Board wants you to know that the $2,000 total contribution limit is unenforceable and will not be enforced.Email from Sara Taylor-Ferrell, “Notice From Rockville Board of Supervisors of Elections – Contributions,” September 13, 2019.
For context, the Election Code reads (text recently eliminated is struck through) :Continue reading →
The Open Meetings Compliance Board for the State of Maryland has determined that the City of Rockville violated the Open Meetings Act, according to a seven-page opinion issued today to Lois Neuman, Chair of the Board of Supervisors of Elections in the City of Rockville:
We have concluded that the [Mayor and] Council and the Elections Board did not timely adopt meeting minutes for meetings in 2015, and we have noted that the City will be adding staff to enable these public bodies to do that more quickly. We have also concluded that the Elections Board’s practice of providing notice through its agendas did not always convey the required information reasonably in advance of each meeting.
All “public bodies” in Maryland, which includes most state, county, city, school, and other boards and commissions, should “hold their meetings in public, to give the public adequate notice of those meetings, and to allow the public to inspect meetings minutes” in order to “increase the public’s faith in government, ensure the accountability of government to the public, and enhance the public’s ability to participate effectively in our democracy.”
I’ve noted the inconsistency of minutes for city boards and commissions previously and it’s received attention at times by the City, but with the truly awful delays with the Board of Supervisors of Elections during an election year in 2015 (by the end of the year, missing minutes stretched back to March), I felt I needed to Continue reading →
This week the City of Rockville responsed to my complaint that the City held nearly two dozen meetings last year without documenting their decisions and sharing them with the public. Among my complaints was that the Board of Supervisors of Elections failed to post minutes on a regular basis since March 11, 2015 and the Mayor and Council failed to post minutes of a closed Executive Session on January 25, 2015.
The City approved most of the missing minutes last week, which meant that it’s taken more than a year to provide minutes for some meetings. (If you watched the March 21 Council meeting, you probably didn’t notice it because it was part of the Consent Agenda and approved with no discussion.) That’s probably unacceptable under Maryland’s Open Meetings Act, which requires that minutes be provided “as soon as practicable.” The issue is now in the hands of Open Meetings Compliance Board, who is expected to announce their opinion next month. Although the Board doesn’t have the ability to compel the City to follow the law, it is incredibly embarrassing because it publicly and independently confirms that the City isn’t meeting openly and transparently, which is the basis for a genuine democracy.
The City says it wasn’t able to prepare the minutes because the City Clerk’s office prepares the minutes for both the Mayor and Council and the Board of Supervisors of Elections and “the City Clerk’s Office has been extremely short staffed.” That begs the question, so why was the City Clerk’s office short staffed? It’s because Continue reading →
The Open Meetings Compliance Board of the State of Maryland is investigating Rockville’s Board of Supervisors of Elections (BOSE) for failing to maintain its meeting records in accordance with state law. BOSE is a five-member body appointed by the mayor with the approval of the council and charged with the conduct of all City elections, the registration of voters and the keeping of records in connection with these functions. The state’s Open Meetings Act requires that all city boards and commissions provide either written minutes or a video recording of their meetings so that the public is aware of their actions and decisions.
Other city boards and commissions have had a spotty record over the past few years, but BOSE is exceptional. BOSE did not maintain records for nearly half of its meetings last year, with missing minutes stretching back to March 12, 2015 and no minutes available after October 21, which was the most intense and competitive period of the last Mayor and Council election.
BOSE has until mid-March to provide a written response to the Compliance Board, at which point they will render an opinion. I’m not sure how BOSE will be able to review and approve so many minutes by the deadline, but even if they do, it suggests that the Supervisors of Elections need supervision as well. If you’re concerned, please let the Mayor and Council know at firstname.lastname@example.org.
January 15, 2016 was the deadline for the latest financial reports for the 2015 campaign for Mayor and Council in Rockville, which covers the week before the November 3 election through the end of the year. Although this includes the hottest period of the campaign, it’s also assumed to be the quietest financially because most contributions and expenses have already been made. For the 2015 campaign, however, that short period represented 19 percent of the revenues and 38 percent of the expenditures so it wasn’t a fallow period.
More than $17,000 in contributions arrived in candidates’ bank accounts after October 26, including last-minute donations between candidates and from planning commissioners, creating a few more connections that weren’t apparent earlier. Expenses exceeded $60,000, most of it concentrated in the mayoral race between Bridget Newton and Sima Osdoby and the council campaign of Richard Gottfried. Gottfried spent an additional $9,715 for a campaign total of nearly $50,000—by comparison, the other Council candidates spent an average of $6,812 and mayoral candidates averaged $25,416.
For the 2015 Mayor and Council race, the eleven candidates raised $88,615 and spent $161,550 in total. The averages in this election are thrown off by Gottfried’s extraordinary campaign, so if we exclude him and the mayoral race (which is always much higher), the average amount raised by Council candidates was Continue reading →
In 2012, I reviewed Rockville’s boards and commissions to assess how openly they conducted their meetings during the previous year. It was a miserable showing, with about half not providing agendas or minutes. Four years later, it has improved and yet six “public bodies” received failing grades, including the Mayor and Council.
On September 1, 2015, I tallied the number of meetings and minutes posted on the City website for 2015 (that’s nine months from January 1, 2015 to August 31, 2015). By dividing the number of minutes by the number of meetings (cancelled meetings don’t count), I calculated a “government transparency score.” So if a commission had posted 9 minutes for 12 meetings, that would earn them a Minutes Score of 9/12 or 75%. The higher the score the better and anything lower than 60% is an F. Here’s how they fared: Continue reading →
In an effort to discourage the shenanigans that are occurring in the current Mayor and Council election, I’ve filed an official complaint with the City’s Board of Supervisors of Elections (BOSE) this week. Last weekend, a couple people were distributing a flyer door-to-door in the King Farm neighborhood that called for the election of Bridget Newton, Don Hadley, and Claire Marcuccio Whitaker to the Rockville Mayor and Council for various reasons. That’s not a problem except it was anonymous, a tactic I find cowardly because the source is secret and isn’t accountable for their statements, but in Rockville, it’s also illegal. The City Code states that, “Every person who publishes or distributes or causes to be published or distributed any pamphlet, circular, card … relating to or concerning any candidate … shall include the name and address of the person, treasurer, or campaign committee responsible for the literature.” That’s why you always see Continue reading →
A tense discussion late in the evening of the February 25, 2013 meeting of the Rockville Mayor and Council suggests that there are serious problems in the appointment process to boards and commissions, as well as in our elected officials. It was probably missed by most citizens because the chambers were nearly empty at 10:00 pm.
A sense of the troubles began hours earlier, when Mayor Phyllis Marcuccio nominated two residents to the Board of Supervisors of Elections, a city committee that recently lost three of its five members due to resignations. David Berthiaume’s nomination was approved with one councilmember abstaining and Andrew Powell’s nomination failed due to a lack of a second. With one of her nominations rebuffed, Mayor Marcuccio noted that, “I would like to point out that we are in need of a quorum for the Board of Supervisors of Elections and by appointing Mr. Berthiaume I think we have achieved that. But I am quite shocked that our Council does not choose to appoint my other suggestion.”
The issue was forgotten until Old/New Business, when it was raised again by Councilmember Newton (at 3:30 of the February 25, 2013 meeting):
Councilmember Newton: I was disappointed in the decision this evening on Mr. Powell and I would like to encourage this body to think long and hard about Continue reading →
Along with the City Council, the City of Rockville has 23 official boards and commissions to study, advise, and decide on a wide range of issues, from city planning to cultural arts, from human services to animal matters. In addition, there are at least ten other unofficial task forces or committees. All of these boards and commissions are composed of volunteers, usually residents (some include property or business owners who live elsewhere) and most members are nominated by the Mayor and appointed by City Council (a few have members elected in other ways, such as RSI).
Rockville has always encouraged and supported citizen involvement in its government, and used these board and commissions to keep the residents informed and part of the decision-making process. But how well informed are its citizens? All commission meetings are open to the public (I’m going to call them all “commissions” to keep things simple), but only three commissions–Planning Commission, Historic District Commission, and the Board of Appeals–have meetings that are regularly broadcast on Channel 11 and the City website (most likely because the City Council has granted them exclusive decision-making powers). For the other commissions, to find out what’s happening you have to attend the meeting, talk to one of the commissioners, or review the minutes. Obviously, the most convenient way is reviewing the minutes or notes of the meeting, so let’s see how we’ve done.
On January 20, 2012, I tallied the number of meetings and minutes posted on the City website for 2011 (cancelled meetings don’t count). By dividing the number of minutes by the number of meetings, I calculated a “public information score.” So if a commission had posted 9 minutes for 12 meetings, that would earn them a Minutes Score of 9/12 or 75%. The higher the score the better, and here’s how they fared: Continue reading →