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Commentaryby David A. Plymyer8:02 amDec 2, 20240

Why the not-so-public process to name Johnny Olszewski’s successor?

Under Chairman Izzy Patoka, the council appears unwilling to give the public any real voice in the selection of the next Baltimore County Executive [OP-ED]

Above: Historic Towson courthouse where Baltimore County Council meets. (Mark Reutter)

The Baltimore County Council has a knack for inventing ways to insult the intelligence and waste the time of county residents.

It demonstrated that particular skill by placing a foolish restriction on testimony at the upcoming public hearing on the appointment of a person to serve the remainder of County Executive Johnny Olszewski’s term when he departs for Congress in January.

After the election on November 5, the council solicited applications from people interested in being appointed by the council to succeed Olszewski.

After initially stating that the names of the candidates would not be released, Chairman Izzy Patoka announced that the names would be released today.

Next, the council issued a formal notice that it would hold a public hearing on December 10 to receive testimony on the “desired qualifications” of the person who will serve as county executive until December 2026.

The notice stated, however, that the purpose of the hearing was “not to solicit testimony from candidates or public testimony that endorses or supports any specific candidate.”

In other words, members of the public will be able to offer their theories on the “desired qualifications” of the next county executive, but not share their opinions on which candidates possess those qualifications.

The solicitation for applications issued by the council further puts prospective candidates for county executive on notice that “applicants may be subject to a public interview with the County Council prior to the election of a successful candidate.”

It sounds as if a decision has been made not to conduct public interviews. What was the reason for that decision?

The county council has a well-deserved reputation for preferring to do business with as little public engagement as possible.

The County Charter sets forth the legal qualifications for the person appointed by the council to serve the unfinished term of an elected county executive, but does not specify any particular process that the council must follow in making its selection, leaving the process to the chairman’s discretion.

When former County Executive Kevin Kamenetz died unexpectedly in May 2018, then Chairman Julian Jones first stated that the council would select a person to serve the remaining six months of his term without holding a public hearing.

The pushback from other council members and groups such as Common Cause was intense.

Jones relented and scheduled a public hearing. Dozens of residents packed the council chambers in Towson to voice their opinions before the council picked Don Mohler, Kamenetz’s chief of staff.

Baltimore County Council, from top left: Izzy Patoka, David Marks, Mike Ertel, Pat Young, Todd Crandell, Julian E. Jones Jr. and Wade Kach. (maryland.gov)

Baltimore County Council, from top left: Izzy Patoka, David Marks, Mike Ertel, Pat Young, Todd Crandell, Julian E. Jones Jr. and Wade Kach. (maryland.gov)

Higher Stakes Now

The stakes are much higher now than they were in 2018. Mohler served a half year, and the budget process for fiscal year 2019 was all but over when Kamenetz died, awaiting only final action by the council.

In contrast, Olszewski’s replacement will serve for two years and be responsible for preparation of the budgets for fiscal years 2026 and 2027, two of the most important budgets in county history.

With a stagnating economy, aging infrastructure and basic needs going unfunded, the one thing that county officials from both parties agree on is that tough fiscal times lie ahead for the county.

The county cannot afford to mark time for the next two years and allow the financial hole that it has dug for itself to grow deeper.

Mohler was for the most part a caretaker. The county executive appointed this year will face critical decisions about the county’s future and almost certainly will have to propose increases in taxes and fees, never a popular move in a notoriously tax-averse jurisdiction.

The county cannot afford to mark time for the next two years and allow the financial hole that it has dug for itself to grow deeper.

Patoka apparently concluded that it wasn’t worth the time of council members to give members of the public an opportunity to hear what the candidates themselves have to say and to express their own views on the candidate best qualified to deal with some very serious challenges.

Exactly Wrong Message

The Baltimore County Council has a well-deserved reputation for preferring to do business behind closed doors with as little public engagement as possible.

The council has reinforced that reputation at the worst possible time, delivering the message that it isn’t all that interested in the public’s input on a key appointment.

Patoka is widely expected to run for county executive in 2026.

If he is using his tenure as council chairman to try to show that he has the leadership skills necessary to take the county in a new, more open and transparent direction, then his decision to restrict the scope of the testimony at the hearing on December 10 was a major mistake.
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David A. Plymyer retired as Anne Arundel County Attorney after 31 years in the county law office. To reach him: dplymyer@comcast.net and Twitter @dplymyer.

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