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The extent of the commissioners’ authority became some of the issues on Tuesday. That situation additionally become raised in the lawsuit, and it become the focal point of a good deal of the talk all over Friday’s hearing.

before their vote Tuesday, the commissioners had differing opinions from two attorneys regarding their authority within the case.

A letter from Kathryn M. Rowe, assistant lawyer usual within the the Maryland attorney familiar’s office, brought up that the commissioners have the authority to eradicate one of their peers from office.

however the county’s own lawyer, Kirk Downey, wrote in an email that “there is no criminal authority for the board to get rid of a sitting commissioner.”

both files are a part of the evidence of the lawsuit.

Friday’s debate

Friday’s proceeding turned into not a hearing on the deserves of the lawsuit itself, however on Meinelschmidt’s request for the temporary restraining order. One of the most components a court has to trust earlier than granting such an order is the plaintiff’s “likelihood of success on the deserves.”

Meinelschmidt’s attorneys, Robert Kline and Cooke, agreed with Downey. They argued that their customer become prone to be successful since the commissioners will not have the authority below the law to remove considered one of their peers.

Kline pointed to provisions in state legislation concerning native governments. These provisions supply for the prosecution of officers, he said, however now not for the dismissal of a county commissioner, as turned into achieved Tuesday.

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Cooke noted the four commissioners didn’t take their own lawyer’s assistance twice — first when they prohibited Meinelschmidt from taking part in a closed session earlier than Tuesday’s public assembly, and 2d once they voted to remove him.

He known as the situation “very frightening” and charged the four commissioners with making an attempt “to change their judgment for that of the voters.”

Poole pointed out the situation didn’t play out that approach.

“If it took place the style Mr. Cooke says it came about, we’d be in crisis,” Poole stated. “but it did not.”

Poole agreed with Rowe. He argued that Meinelschmidt isn’t prone to prevail, as a result of a section in the well-known Provisions part of state legislations offers for the elimination of public officials and spoke of Washington County’s own ethics ordinance permits it.

 

 

 

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