Sen. Getty Questions Ethics of County Lawsuit

At a special joint meeting Thursday between Carroll County's state representatives and the commissioners, Sen. Joe Getty said the county can't sue the state and then questioned use of county tax dollars to do so.

Carroll County recently filed a lawsuit against the state of Maryland, citing that parts of Carroll County won't be properly represented in the state under Gov. Martin O'Malley's .

Under the new plan, Sykesville and part of Eldersburg would be represented by a Howard County delegate and portions of Mount Airy would be represented by a Frederick County delegate.

A portion of the lawsuit reads, "The cross-jurisdictional districts created by the Governor's plan was unnecesary and arbitrary. The population in Carroll County suports 4+ delegates entirely within the Carroll County boundaries. These circuitous boundaries cut across county lines and leap over natural boundaries and split long standing communities. Carroll County's population has supported four resident delegates for over 30 years."

Getty lobbed a series of questions at the commissioners during the meeting, saying that there are problems with the suit.

"Who is the county attorney's client here?" Getty asked. "The petition is written as if it's six individuals filing ... and it has to be written that way because the county can't sue the state."

The suit names three commissioners-Doug Howard, Richard Rothschild and Dave Roush, and three delegates-Susan Krebs, Donald Eliot and Nancy Stocksdale.

“I strongly disagree with Senator Getty’s assessment and I am disappointed that he is not willing to stand with us on this important constitutional issue," Commissioner Doug Howard said in a release following the meeting. "Having sought legal advice before taking this action, I am confident that the board acted appropriately.”

Getty also brought up concerns about possible ethics violations and the spending of county tax dollars on the suit.

"The petition is written as if you are suing in an individual capacity, which I think would be in violation of your ethics law in using county resources, county funds and county staff to file a challenge in the Court of Appeals," Getty said.

He said that it's even more complicated for the House delegates.

Krebs said the delegates are not listed on the lawsuit as a delegation, but  as individuals. Getty then questioned the county attorney's ability to represent individuals.

Howard said that these were questions for the county attorney and offered to follow up with Getty at a later time to address the concerns.

Howard said Getty is incorrect in his allegations regarding the propriety of filing this suit. This suit, as filed, Howard said, "is perfectly appropriate, legal and ethical."

According to Howard, the commissioners authorized filing the petition and paying the $50 filing fee. The future cost of litigation is unknown, Howard said, but will be closely monitored by the commissioners as this suit proceeds through the court.

Watch the joint meeting in this video from the county's video archive.