Closed Door Ethics Discussion Frustrates Some

The fate of two Baltimore County Councilmen who failed to disclose their outside employment on financial disclosure forms remains unknown.

The Baltimore County Ethics Commission Tuesday was likely to take up the issues related to Councilmen David Marks and John Olszewski Sr. during a Tuesday meeting, according to Elaine Katz, executive director for the commission.

The five-member commission met in open session for about 15 minutes before moving into a closed session to discuss possible ethics violations and to discuss an advisory opinion request. It is not clear if the issues related to the two councilmen were discussed.

Marks, a Perry Hall Republican, and Olszewski, a Dundalk Democrat, both failed to disclose outside employment as required.

In April, Patch reported that Marks held a teaching job at Loyola University between September and December of 2012. The job did not violate county laws but Marks failed to disclose the job in an amended report within 30 days as legally required. 

Marks at the time called the issue "an oversight" and did disclose the job on forms filed in April that covered the 2012 calendar year.

In May, Patch reported that Olszewski failed for several years to report his job with Mason and Sons Contracting. Olszewski also called the issue "an oversight" and a few days later filed an amended report covering the 2012 calendar year.

Both men voted for a major revision of county ethics laws in 2011 that contained the disclosure requirements.

The failure to fully disclose the jobs could leave both men open to possible fines of $2 per day up to $250 for filing incomplete reports.

Willful and false filings can carry a criminal penalty under law. Failure to file or report information also can carry a civil fine of up to $1,000 in addition to any assessed late fees.

The closed-door session disappointed Frank Wesoloski and Jack Friese who both attended the meeting hoping to see what actions, if any, would be taken.

"Why do they have to hide it?" Wesoloski, a retired pharmacist who grew up in Edgemere asked. "Why cant the public know what's happening?

Wesoloski left after the commission moved into its closed session.

Friese arrived shortly after and also questioned the closed-door meeting.

"This is sheer corruption," Friese said. "It's fraud. That's what it is."

County ethics law requires that the commission discuss advisory opinions with its lawyer and deal with possible ethics violations behind closed doors. The state Open Meetings Act also allows for the commission to hold those discussions in private.

Ultimately, the opinions will be publicly released once they are finalized. If the commission finds there was a violation of ethics law or refers a case to the state's attorney for criminal prosecution, those will also be released, said Sue Dubin, attorney to the commission.

But neither happened Tuesday following a nearly 2 hour closed door meeting.

Katz said the commission had nothing it could publicly discuss.

The commission is scheduled to meet again in August and could again take up whatever topics were privately discussed Tuesday.

Read more:

• Late Disclosure of Teaching Job 'An Oversight'
• Olszewski: Missing Job Disclosure 'An Oversight'
• Olszewski To Update Ethics Disclosure