Bel Air Commissioners Under Scrutiny Over Possible Conflicts Of Interest

BEL AIR, MD — The mayor of Bel Air will recuse herself from voting on legislation sparked by Independent Brewing Company, after she disclosed her husband works for the business.

A letter from several residents about a possible conflict of interest involving the Bel Air Board of Town Commissioners and Independent Brewing Company prompted an emergency meeting of the town's ethics board Friday afternoon at Town Hall, where Mayor Amy Chmielewski's connection to the business was disclosed. One other commissioner made a disclosure, which was revealed when Town Clerk Michael Krantz presented the findings of a town probe. About handful of residents were in attendance at the meeting, where none of the commissioners was present.

Six residents alleged there was “possible current and/or past employment” at Independent Brewing Company “by members of the Town Commissioners and/or the relative of a Town Commissioner,” according to a letter three households submitted to town officials Oct. 26. The letter, which is reprinted at the end of this article, did not mention any commissioners by name.

"As a result of these allegations," Krantz said, he and the town's legal counsel, as well as the town administrator, questioned all five commissioners about possible conflicts of interest, particularly involving money, gifts or employment related to Independent Brewing Company.

The ethics concern came as the commissioners prepare to vote on a controversial proposal by Independent Brewing Company to change the town code. The business wants to use satellite parking without meeting certain requirements and expand its capacity for outdoor seating.

During the town's ethics probe, two of the town's five commissioners made disclosures about their involvement with Independent Brewing Company, according to Krantz.

“Mayor Chmielewski disclosed that her spouse, Eric Chmielewski, has been paid by Independent Brewing Company as the result of a contractual relationship for information technology expertise pertaining to social media, graphic design and similar services,” Krantz said.

“For that reason, Mayor Chmielewski has declared her intent to recuse herself from voting on Ordinance 806-21," Krantz said.

He added that the mayor's spouse also volunteers regularly at Independent Brewing Company without financial gain or gifts.

One other commissioner — Erin Hughes — disclosed some involvement with the business.

“Commissioner Hughes declared that she has volunteered on more than one occasion at Independent Brewing Company or an Independent Brewing Company event for no monetary gain or gifts,” Krantz reported. “In addition, Commissioner Hughes disclosed that she has received no more than two free beers for her volunteer services, a value of less than $20."

The three other commissioners — Donna Kahoe, Kevin Bianca and Patrick Richards — denied any financial interest or gifts from the business, Krantz said.

“All commissioners declared that they have patronized Independent Brewing Company at one time or another in the past and have always paid their tabs or bills in full,” Krantz said.

Based on their investigation, the town staff recommended the ethics board take no action.

"The town staff and legal counsel recommended that the board of ethics reserve judgment due specifically to the declaration made by Mayor Chmielewski that she intends to recuse herself from voting on Ordinance 806-212," Krantz said.

“Regarding the other commissioners, lacking more or specific evidence or corroborated testimony, none of the other declarations or disclosures rise to the level of conflict of interest defined by the town code or as interpreted by the town staff," Krantz said.

Questions From Ethics Board

Ethics board member Shelley Dolan asked whether the mayor had intended to recuse herself before the allegations were made.

"It appeared that [disclosure] was a result of being faced with the issue because of the letter and having to discuss it in closed session,” the town's attorney, Charles Keenan, said Friday. "She hadn’t reached a conclusion or hadn’t really considered the matter before it was raised."

Typically, Chmielewski does not vote during the town meetings, he added.

"The mayor acts as a chair," Keenan said. "She only votes to break ties, and she tends not to vote."

Ethics Board Chair Wilbur Bolton III asked whether any legislation in the past three years involved Independent Brewing Company and could be affected by a conflict of interest.

The commissioners voted on two items that may be related to Independent Brewing Company, Keenan said: to no longer require food truck permits and to extend outdoor dining tents.

After less than a 20-minute session, the ethics board members voted to reserve judgment about the mayor until after the vote involving Independent Brewing Company and to find that the other commissioners "have not run afoul of conflict of interest provisions" in the code, Bolton said.

"If she attempts to or is successful in violating the code of ethics," Bolton said of the mayor, "there are sanctions available in code. Those are not before us today."

Hot-Button Issue As Hearing, Election Approach

A public hearing on the ordinance initiated by Independent Brewing Company has drawn so much public interest the town has moved the meeting to a larger venue.

After Monday night's public hearing on the matter, the commissioners could vote to change the town code based on Independent Brewing Company's request.

Making time of the essence is the Nov. 2 municipal election, in which two seats on the Bel Air Board of Town Commissioners are up for a vote. One incumbent — Chmielewski — is running.

Before the new board is sworn in at the Nov. 15 meeting, Keenan said the proposed code change involving Independent Brewing should be voted on as a matter of procedure.

Town commissioners could postpone a vote from Nov. 1 until the Nov. 15 meeting, Keenan noted.

See Also:

• Independent Brewing Company Seeks Parking, Outdoor Expansion
• Town Hall Meeting In Bel Air Moved To Armory
• Independent Brewing In Bel Air Looks To Expand

Here is the letter from six residents to the town, which prompted the ethics probe. Shannon Abel, acting as the group's spokesperson, read the letter at the commissioners' Oct. 26 work session.

"Dear Bel Air Board of Town Commissioners:

"A concern has come to light about a conflict of interest that may exist between one or more of the Bel Air Board of Town Commissioners and a local business entity, Independent Brewing Company (212 Archer Street LLC). The conflict concerns possible current and/or past employment at this business entity by members of the Town Commissioners and/or the relative of a Town Commissioner.

"As you are aware, multiple issues relating to this business have been reviewed by the Board and current legislation to be addressed at the November 1st town meeting with the Board set to vote on recommendations of the Planning Commission, Ordinance #806-21. In reading the Town Code (section 43-4, Conflicts of Interest) it states that there are participation prohibitions for officials (and/or their qualified relatives) who have an interest in that entity.

"We are requesting that the Town Commissioners disclose, at the November 1, 2021, Town Meeting, any perceived or real conflict of interest in relation to past or present issues brought to the Board relating to Independent Brewing Company (212 Archer Street LLC).

"As part of this request, we're asking that any Board member with a conflict of interest that would impair the impartiality or independence of judgment recuse themselves from current or future decisions or votes involving that business entity. We also request that the Board of Ethics conduct an examination of this complaint to determine the length of time the possible conflict has existed and if any previous decision or legislation was influenced by the conflict.

"If the conflict of interest does exist, and the Board member(s) have filed the proper disclosures with the Board of Ethics in compliance with the Town Code, we request that this fact be made public at the Nov. 1, 2021, Town Meeting. This information should be public knowledge so that we, as a community, have full confidence in our Town Commissioners and that the decision they make on our behalf, especially with an election happening the day after this vote is set to occur.

"While it's understandable that Board members have pre-existing friendships and relationships with local business entities, it is the Board's duty to serve the public interest by making objective and impartial decisions. It seems impossible that an election official who is being paid by a business entity with pending legislation would be impartial. It's also important to note that perceived conflicts of interest can be just as damaging to the public's trust in their officials.

"We have enough dishonesty at the Federal level of government and expect much better of our local representatives. Thank you for running our special town at a higher ethical level."

The Oct. 26 letter was signed by the residents and sent to the Bel Air Board of Town Commissioners; Town Administrator Jesse Bane; Town Counsel Charles Keenan; and Director of the Administration/Town Clerk and Bel Air Board of Ethics Liaison Michael Krantz.