MAYOR’S VETO SUSPECT -
ATTORNEY GENERAL ADVISES SHE IS WRONG
ALDERMEN FILING COURT PAPERS
TO DECLARE VETO NULL AND VOID

Frederick, Md. --- Members of the Board of Aldermen for the City of Frederick have called a press conference for:
Monday, January 31, 2005
2:00 p.m.
City Hall, 101 North Court Street, Frederick
1st Floor Board Room

The Attorney General of Maryland, Office of Counsel to the General Assembly, issued a letter stating that the Mayor DID NOT have the authority to veto a proposed charter amendment properly adopted by the Board of Aldermen. This statement was reaffirmed by the concurrence of the Chief Counsel for Opinions and Advice.

The amendment would reduce from three years to one year the residency requirement to run for the Office of Mayor. The action would put the requirement to file for that office in-line with the vast majority of the state’s municipalities. Frederick’s residency requirement is currently more restrictive than 97% of the state’s municipalities. The City election is this year.

The Mayor refused to accept the direction provided in the letter. It is unfortunate she has taken this position and forced members of the Board of Aldermen to take an unprecedented action to retain counsel and file papers with the court to make a decision on this matter. The Mayor has now ignored the advice of three Assistant Attorney Generals on two different issues. This, and any other legal actions filed because of the mayor’s unwillingness to listen to the opinions from the Maryland Attorney General’s Office, could ultimately cost city taxpayers considerable unnecessary dollars.

“The Mayor’s veto benefits her own political interests and is, therefore, a conflict of interest. Through fear and intimidation she is trying to run roughshod over the best interests of the city residents and sound legal advice from the Attorney General’s Office” commented Alderman David Lenhart.

“I am concerned by both her imposing her personal will over the Board of Aldermen’s vote and that it may not have been a legal action”, stated Joe Baldi.

The power to amend the Charter is given solely to the legislative body or by petition of the voters as described in the Maryland Annotated code. By the Mayor’s refusal to accept the AG direction, it is important to future actions of the Mayor and Board of Aldermen to define the authoritative boundaries of the respective branches of City government.

Alderman Bill Hall said “We function under democratic principles in an open government; not an autocratic regime who closes the door to competition. The Attorney General’s letter reinforces our understanding of the process. It is unfortunate the Mayor won’t accept it and we have to turn to the courts for help.”