Olszewski Committed No 'Nefarious Conduct' In Tirabassi Dealings: IG

BALTIMORE COUNTY, MD — Baltimore County Executive Johnny Olszewski did not commit any "nefarious conduct" in his dealings with his friends in the Tirabassi family, an investigative report released Wednesday said.

Inspector General Kelly Madigan examined the county's role in paying Philip Tirabassi an $83,675 settlement regarding the transfer of his pension from the Baltimore City Fire Department to the Baltimore County Fire Department. Madigan further inspected claims that Olszewski's administration tried to hide the payment from the County Council by using a pseudonym for Philip Tirabassi.

"The Office found the retirement settlement payment to Tirabassi was proper as it was an
administrative claim that could be settled by the County Attorney pursuant to Baltimore County
Code section 3-2-1002," Madigan said. "The Office found no evidence of a willful intent to hide the settlement from County Council. At the time, the County Attorney and the Director of OBF were both relatively new in their positions and the notification to County Council of the resolution of claims and lawsuits was a new requirement. Considering these factors as well as the fact that the overriding concern within the Administration at the time was maintaining the confidentiality of the settlement with Tirabassi out of fear of a class action lawsuit, it is understandable why they thought a pseudonym would be appropriate."

The investigation found wrongdoing but no malice when the county improperly declined some public information requests.

"Governments are obligated to operate with transparency. While confidential settlements are permitted under limited circumstances, none of those circumstances were present here. Thus, the withholding of the Settlement Agreement was improper and not permissible under the [Maryland Public Information Act]," Madigan said. "Both the Ombudsman and the Circuit Court for Baltimore County have recognized the complex legal issues and have indicated that the County has both properly withheld documents and improperly withheld documents. Based on its investigation, the Office found no evidence that documents were willfully withheld to hide nefarious conduct on the part of the County. To date, the County has produced nearly all of the documents in some form and are currently waiting for a final decision on the outstanding issues by the Court. The litigation has been costly since an outside firm had to be hired to handle issues that are typically resolved by [the Office of Law]."

Madigan also evaluated claims that the county improperly purchased 16 Peterbilt trucks for $4,186,380 from Philip Tirabassi's brother, John Tirabassi.

"The Office found no evidence of impropriety during the procurement," Madigan said. "Rather, the trucks were procured in connection with a competitively bid Sourcewell contract, and the County received a 25 percent discount on price."

Olszewski released this statement on Wednesday alongside Madigan's report:

"I have always said my decisions are guided by fairness, transparency, and a steadfast commitment to serving the public interest. The findings of this independent investigation by the Office of the Inspector General leaves no doubt in its affirmation of my integrity in how I operate and lead.

"The residents of Baltimore County deserve and should expect a government that is open, fair, and holds every individual accountable – especially its leadership. That is why I was proud to have created the Office of the Inspector General, to have expanded it, and most recently to have embedded the office into the county charter. I believe that an open and accountable Baltimore County is vital to the long-term success of our communities.

"With this matter now definitively resolved, I will continue working tirelessly for the betterment of our communities, just as I continue to also uphold the trust that the public has placed in me."

Related:

• Olszewski Resignation Not Necessary, But Investigation Is: Baltimore County Council GOP
• County Executive Has 'Absolutely No Intention' Of Resigning After GOP Raises Concerns