The time has come to change the way we fill vacancies in the Maryland General Assembly

The time has come to change the way we fill vacancies in the Maryland General Assembly

by Kevin E. Dayhoff March 6, 2015

Many have followed the seemingly never-ending drama produced by the Carroll County Md. Republican Central Committee to fill the vacancy of Carroll County Senator Joe Getty, who was appointed to the administration of Gov. Larry Hogan.

And now in a seemingly-endless sequel to a grade B horror version of political ground hog day; the drama has not stopped appointing a successor to the 5^th district delegate seat vacated by then-Del. Justin Ready, who was appointed to fill Sen. Getty’s seat. See: Carroll County Md Republican Central Committee letter retrieved March 5, 2015 http://kevindayhoffwestgov-net.blogspot.com/2015/03/carroll-county-republican-central.html

Are you still with me? Follow closely, it is going to be a bumpy ride…

Just for the record, there are many-many really good people involved in this soap opera. All the more reason to change the process. If good folks cannot make it work – over and over again; then the time has come to change the way we do it. If we keep doing what we are doing, we are going to keep getting what we are getting.

The system has arguably been broken for at least 150 years – since 1867. What are we waiting for to fix it? 

If you believe that the recent trials and tribulations that have befallen the process of filling a vacancy are an anomaly – think again. I am old enough to remember the challenges that took place in July 2004 when “A rift … developed in the Carroll County Republican Central Committee, as it prepare[d] to select a replacement for outgoing Del. Carmen Amedori, R-District 5A.,” according to July 3, 2004 article in the Carroll County Times by one the better political writers that the Times had in years, Justin Palk. See: July 03, 2004: Rift forms in Carroll's GOP central committee http://kevindayhoffwestgov-net.blogspot.com/2015/03/july-03-2004-rift-forms-in-carrolls-gop.html

And actually, when taking an in-depth look at the vacancy replacement and appointment process, the problems have gone-on for decades and decades… I am old enough to remember that there were problems in the mid-to-late 1960s. Although I do not remember the details…

Many have appropriately referred to Art. III Sec 13 of the Maryland Constitution ... In particular, the Acts of 1966, ch 162 was ratified on November 8, 1966, and defined the duties of the political parties in nominating replacement members of the legislature and setting limits within which they must act.

The context of the passage of the law was fascinating and widely discussed at the time.

I am a bit familiar with this portion, Section 13 of Art. lll, (of the Maryland Constitution – ratified Sept. 18, 1867 with an effective date of on October 5, 1867.) I may have even written about Art. III Sec 13.

I am a bit familiar with this portion, Section 13 of Art. lll, (of the Maryland Constitution – ratified Sept. 18, 1867 with an effective date of on October 5, 1867.) I may have even written about Art. III Sec 13.

My cousin, Wilbur W. Magin, D-CC, 1959 – 1967, participated in the legislation which amended Art III Sec. 13 (b) (3) ratified Nov. 8, 1966.

According to the Maryland State Archives, “Maryland has had four consitutions [sic.] At the time of the Revolutionary War, the first constitution was adopted by the Ninth Provincial Convention, meeting at Annapolis, in November 1776. Voters adopted the second constitution in June 1851. During the Civil War, the third constitution was adopted by the voters in October 1864. Voters adopted the fourth and last constitution under which Maryland government now functions in September 1867. This probably the beginning of our current problems with filling vacancies.

Fast forward to today’s news, according to an article in Maryland Reporter by veteran political reporter Len Lazarick on Thursday, January 15, 2015, “In filling the three legislative vacancies he has created in building his new administration, Gov.-elect Larry Hogan said he’d like to see a more open nominating process used by the Republican central committees and more candidate names for him to fill the seats…”

Perhaps there has been no better time to change the way vacancies are filled to the most transparent of all procedures – a special election. Let the voters decide.

I am aware that many of the folks who do not want the special election method argue that they would rather avoid the expense. That is a compelling and persuasive argument.

That was the argument in the late 1960s and that was the argument in 2004. Upon both occasions, folks vowed that the challenges to the current process were a personality-driven challenge and that the central committees would do a better job in the future.

However, at this point I am increasingly willing to accept the more cynical version of events - that partisan politics – in both the Democrat and Republican parties - have entered into an unholy alliance to maintain the status quo, no matter how messy it be, than give up the power to exercise the inside baseball power partisan machine politics of a particular jurisdiction in the state. We are all familiar with the local party favorite with the strident partisan views that make him or her un-electable. The current process provides a way to circumvent the collective wisdom of the local voters.

Upon three occasions in the last fifty-years – central committees both Democrat and Republican have not done a better job. Three strikes, you're out. You ruined your opportunity to do it your way. Now is the time to put the publics' best interests first and change the system to a direct special election. Might be no better time than the present to develop a better procedure. Just saying.

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July 03, 2004: Rift forms in Carroll's GOP central committee http://kevindayhoffwestgov-net.blogspot.com/2015/03/july-03-2004-rift-forms-in-carrolls-gop.html

July 03, 2004: Rift forms in Carroll's GOP central committee By Justin Palk, Times Staff Writer

Labels: Politics Carroll Co Rep Central Committee, Politics Carroll Co Republicans, Carroll Co Republican Central Committee,

See more at: http://kevindayhoffwestgov-net.blogspot.com/2015/03/carroll-county-republican-central.html#sthash.vzLe55aN.dpuf

If you believe that the trials and tribulations that have befallen the process of filling a vacancy in the Maryland General Assembly are an anomaly – think again. I am old enough to remember the challenges that took place in July 2004 when “A rift … developed in the Carroll County Republican Central Committee, as it prepare[d] to select a replacement for outgoing Del. Carmen Amedori, R-District 5A.,” according to July 3, 2004 article in the Carroll County Times by one the better political writers that the Times had in years, Justin Palk.

Not to be overlooked were the problems in 1967…

Back in February 2015, I looked for this article on the Carroll County Times website and could not find it. If I had found it I would use the ‘AP rule’ and only post no more than 75 words and then provide the reader with a link… If someone over at the Times can provide me with a link to this article in archives; that would be great.

Pasted below, in part, is one of a number of articles in my archives file about the problems making an appointment to fill the seat vacated by Del. Carmen Amedori when she was picked by the administration of Gov. Robert L. Ehrlich to fill a slot on the Md. parole commission.

Rift forms in Carroll's GOP central committee

By Justin Palk, Times Staff Writer Saturday, July 03, 2004

 

A rift has developed in the Carroll County Republican Central Committee, as it prepares to select a replacement for outgoing Del. Carmen Amedori, R-District 5A.

Thursday, Michelle Jefferson, the committee's chairwoman, sent an e-mail message to Joe Burns Jr., a committee member. It reads, in part, "since you've reniged [sic] on your word and have refused to resign, I am obligated to inform you of the rescheduled regular meeting for Tuesday, July 6 at 7:30."

Jefferson confirmed she composed the message. Carroll's central committee received a directive from John Kane, the state Republican Party chairman, asking the body not to meet until it had received Burns' resignation, which the party was working to secure, she said. This week, the party rescinded its order, Jefferson said.

[…]

Deborah Martinez, spokeswoman for the Maryland State Republican Party, said she could neither confirm nor deny that the state party had issued such an order. She did confirm the state party is aware of a problem with Carroll County's central committee.

The committee is meeting Tuesday evening to discuss the process for replacing Amedori, Jefferson said. Thursday, Gov. Robert L. Ehrlich Jr. appointed the delegate to the Maryland Parole Commission, creating a vacancy in the county's legislative delegation.

Jefferson and Burns have had difficult relations in the past. On April 28 of this year, Burns pressed second-degree assault charges against the committee chairwoman, according to charging documents filed with the Carroll County District Court. In the documents, Burns accused Jefferson of grabbing his right index finger and bending it backward during a heated discussion at the end of a committee meeting on April 15.

Burns dropped the charges on June 17, the day before the case went to trial, according to a letter from the Howard County State's Attorney's Office, which was assigned to the case as a special prosecutor.

Burns said he dropped the charges at the request of Kane and Joe Getty, formerly state delegate for District 5, now the governor's policy director.

Despite making multiple phone calls, the Times was unable to reach Getty for this article.

[…]

The article goes on for a while; mostly more about ‘who stuck John ya da ya da…

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Carroll County Md Republican Central Committee letter retrieved March 5, 2015 http://kevindayhoffwestgov-net.blogspot.com/2015/03/carroll-county-republican-central.html

This was an updated letter sent today to all applicants for the D5 Delegate Seat:

Dear Applicant:

Wednesday you may have received an email from Matt Helminiak, Secretary for the Republican Central Committee. If so, it has several factual errors and misrepresentations. We four members of the committee are and have been committed to a fair and open process but it continues to elude us. Therefore, we strongly encourage you to contact the Governor’s office on your own behalf to ensure that your application for the D5 seat now receives full consideration since our committee chose not to meet and make its own recommendation to fill the vacant seat.

The legal case Matt referred to in no way prevented the Central Committee from meeting and fulfilling its duty to recommend a name or names to the Governor. We also have no way of knowing whether it was a unanimous decision at this point. The injunction in place, lifted Monday, simply prevented the committee from recommending multiple names to the Governor. We were always willing to meet to make our decision regardless of the decision of the court. As we awaited the hearing, we urged our chairman on numerous occasions to conduct the interviews and we would hold our final vote after Monday (taking just a few minutes.) We followed an identical process in filling the D4 seat. Chairman Jones refused to call that meeting and now the Governor will decide, within 15 days, who is best to represent us in the legislature.

We will not dismiss the case despite pressure from the majority. Not only is it disrespectful to the court, but it would also prevent the court from issuing a full written opinion on the Constitutional issues at stake – our real purpose.

The Governor has 15 days from today to make his appointment. Here is the contact information you need to advocate for your appointment.

Good luck and thank you for your time and effort in this process.

Kathy Fuller, Melissa Caudill, Amy Gilford and Jim Reter, Carroll County Central Committee Members

APPOINTMENTS OFFICE

James D. Fielder, Jr., Ph.D., Secretary of Appointments

Chris Cavey, Deputy Secretary of Appointments

Jennifer Barker Jefferson, Executive Assistant

Kim L. Crispino, Special Assistant

Jeffrey P. Horsley, Special Assistant

Vacancy, Special Assistant

Fred L. Wineland Building, 5th floor

16 Francis St., Annapolis, MD 21401 - 1925

(410) 974-2611; fax: (410) 974-2456

e-mail: appointments@gov.state.md.us

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Labels: Politics Carroll Co Rep Central Committee, Politics Carroll Co Republicans, Carroll Co Republican Central Committee,

Related:

July 03, 2004: Rift forms in Carroll's GOP central committee http://kevindayhoffwestgov-net.blogspot.com/2015/03/july-03-2004-rift-forms-in-carrolls-gop.html

Carroll County Md Republican Central Committee letter retrieved March 5, 2015 http://kevindayhoffwestgov-net.blogspot.com/2015/03/carroll-county-republican-central.html

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My story that is getting the most play may be found here - Watching Gov.-elect Larry Hogan pick a team http://kevindayhoff.blogspot.com/2015/01/watching-gov-elect-larry-hogan-pick-team.html

For some balance, find a January 15, 2015 letter to the editor in the Carroll County Times by Scott Hollenbeck here: “Frazier uniquely qualified for Senate seat” http://www.carrollcountytimes.com/news/opinion/ph-cc-hollenbeck-letter-01172015-20150117,0,4211336.story

And many more here…. It is a regular lollapalooza… http://www.carrollcountytimes.com/news/opinion/letters_to_the_editor/

Related: Robin Bartlett Frazier nominated to State Senate seat - by Carroll County Times staff writer Jacob deNobel http://kevindayhoff.blogspot.com/2015/01/robin-bartlett-frazier-nominated-to.html January 10, 2015 http://www.carrollcountytimes.com/news/local/ph-cc-rcc-frazier-20150110,0,151714.story

Carroll County Republican Central Committee Selects Robin Bartlett Frazier to Fill Opening District 5 Senate Seat http://kevindayhoffwestgov-net.blogspot.com/2015/01/carroll-county-republican-central.html

Del. Justin Ready, R-District 5 is the clear choice for Carroll Co. Md. Senate vacancy http://kevindayhoff.blogspot.com/2015/01/del-justin-ready-r-district-5-is-clear.html By Kevin E. Dayhoff January 11, 2015 By Kevin E. Dayhoff January 11, 2015

Or – food for thought; if Carroll County Delegate Susan Krebs had applied with the central committee, she would be the appropriate choice because she is the ranking senior member of the Carroll County Delegation to Annapolis. That said, the word is that she did not throw her name in the hat…

Labels: Carroll Co Republican Central Committee, Commissioner Haven Shoemaker, Commissioner Robin Frazier, People Ready-Justin, People Shoemaker-Haven

Del. Justin Ready, R-District 5 is the clear choice for the Carroll County Republican Central Committee to fill the vacancy in the Maryland State Senate left by outgoing Senator Joe Getty

Last Saturday, Jan. 10, 2015, the Carroll County Republican Central Committee chose former Carroll County commissioner Robin Frazier as its recommendation to fill the vacancy in the Maryland State Senate left by outgoing Senator Joe Getty. http://kevindayhoff.blogspot.com/2015/01/del-justin-ready-r-district-5-is-clear.html

Hogan wants more openness, more names in filling legislative seats - Maryland Reporter: By Len Lazarick http://kevindayhoff.blogspot.com/2015/01/maryland-reporterby-len-lazarick-hogan.html

According to an article in Maryland Report by veteran political reporter Len Lazarick on Thursday, January 15, 2015, “In filling the three legislative vacancies he has created in building his new administration, Gov.-elect Larry Hogan said he’d like to see a more open nominating process used by the Republican central committees and more candidate names for him to fill the seats…”

[…]

It is a must-read article for anyone who has followed the controversies “In Frederick and Carroll counties, [where] the small Republican Central Committees have already named one person for each seat, creating controversy in both counties…” http://kevindayhoff.blogspot.com/2015/01/maryland-reporterby-len-lazarick-hogan.html

Art. III Sec 13 of the Maryland Constitution http://kevindayhoff.blogspot.com/2015/01/art-iii-sec-13-of-maryland-constitution.html

Michelle Jefferson: Committee wanted to right a wrong

http://kevindayhoff.blogspot.com/2015/01/michelle-jefferson-committee-wanted-to.html

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“Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you.” FRIEDRICH WILHELM NIETZSCHE 1844-1900

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