Rockville Election Laws at Risk: Board Pushes for City Attorney Action
During the September 30, 2024 Rockville City Council meeting, two members of the Board of Supervisors of Elections, Robert Kurnick (Chair) and David Sklar, addressed the council to express serious concerns about the enforcement of the city’s election laws following the 2023 election.
Election Law Crisis
Kurnick emphasized that Rockville faces a crisis regarding its election laws. The city attorney has declined to enforce citations issued against candidates who violated campaign finance laws in the 2023 election. According to Kurnick, the rationale provided—that violations are not “ongoing” and therefore not enforceable—renders Rockville’s campaign finance laws essentially “unenforceable.” Kurnick urged the council to direct the city attorney to enforce these violations to maintain the integrity of the city’s election laws. Without enforcement, Kurnick warned, there would be no incentive for future candidates to comply with campaign finance regulations, leading to a breakdown in transparency.
Impact on Election Integrity
David Sklar, another member of the Board, echoed Kurnick’s concerns, stating that the decision not to enforce these laws undermines the entire election process. Sklar pointed out that the failure to hold violators accountable erodes the purpose of having campaign finance laws in the first place. He noted that the current approach could lead to candidates repeatedly violating election laws with no consequences, rendering the role of the Board of Supervisors of Elections meaningless. Sklar added that if the city continues down this path, he would resign from the Board, as there would be no reason to analyze campaign finance forms if the law itself is ignored.
Continue reading →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.
Max for Rockville 