QACRCC Commissioner Vacancy- Procedural Summary The Queen

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QACRCC Commissioner Vacancy- Procedural Summary
The Queen Anne's County Republican Central Committee (Committee), the locally elected volunteer
body of the Maryland State Republican Party, and as one of many important functions assigned to the
Committee, recently completed a formal process for filling a vacancy on the Queen Anne's County Board
of Commissioners. The Republican seat, representing District 1, the northern county, was left open May
11th following former Commissioner Paul Comfort's acceptance of a position with the Maryland Transit
Administration.
According to Maryland state law, the Queen Anne's County Republican Central Committee had thirty
(30) days to submit the name of a replacement to the governor. The Committee publicly announced the
vacancy and call for applications on May 15th. Candidates were provided ten (10) days to submit
applications. Candidate interviews were held in an open meeting on June 6th. As the result of the
competitive review process the Queen Anne's County Republican Central Committee voted and a
majority selected Jack Wilson, lifelong Republican and successful District 1 business owner, as the
individual they believe best qualified for the position of County Commissioner. The outcome was not
based on any one issue or influence, but on the collective set of qualities the candidates presented to
the Committee. The written nomination was formally submitted to Governor Larry Hogan, on June 8th.
According to Maryland law, the Governor has fifteen days (15) to appoint the nominee of the
Committee. Governor Hogan appointed Jack Wilson to the Board of County Commissioners on June 23,
2015.
The Queen Anne's County Republican Central Committee maintains its focus on promoting Republican
principles that result in good government. As Republicans, we support the principle of personal
accountability, which includes the fair and respectful exchange of ideas, without disparaging others. We
respect and appreciate all who applied and expressed a willingness to serve. We recognize their
commitment and service to the people of this County. We also thank all who provided public comment
in a productive manner. We are hopeful that all of our Republican officials, whether elected or
appointed, will be given the opportunity to demonstrate their ability and good will. We will be vigilant
to ensure that Republican candidates effectively represent us as Republican officials. We encourage all
Republicans to continue to work together for the future of Queen Anne's County.
Controlling Authority
The Queen Anne's County Republican Central Committee, is under the controlling authority of Maryland
state law and the bylaws of the Maryland State Republican Party. Maryland law Local Government
Article (Md. Code Section 9-402) assigns authority to nominate candidates for vacancies, to the
respective elected party central committee in each Commission County. The Code of Queen Anne's
County defers to Maryland law regarding the vacancy process.
Why do central committees not automatically nominate the next highest vote-getter from the
previous election? State law assigns the vacancy authority to central committees without
regard to the most recent election results. Because it cannot be determined with any certainty,
how the winner's votes would have been redistributed among the remaining candidates, to
automatically nominate the next highest vote-getter, would deny candidates due process. It is
the duty of the central committees to ensure due process and equal opportunity. Furthermore,
it has been the precedent of previous Queen Anne's County Republican Central Committees, to
nominate the individual they believed most qualified to serve the county, rather than default to
the next highest vote-getter. The last appointed Commissioner, who is currently serving, was
not the next highest vote-getter.
Not only is a central committee not required to simply implement the results of the last election,
they are not required by state law to nominate an individual residing within the vacated district.
On the issue of whether candidates could apply from outside of the district where the vacancy
occurs, the Committee secured two legal opinions. Where state law was silent, the Committee
voted to provide the most direct representation for Republicans in District 1, by accepting
applications only from those residing within the district. The selected nominee has resided
within the district for over 20 years, owns a successful business and provides jobs within the
district.
While elections result in the most democratic selection, the representative process established
by state law recognizes that the administrative and financial logistics of special elections are
overly burdensome. Voters have the opportunity to rate the effectiveness of the representation
of central committee members through the electoral process. All county Republicans are
encouraged to provide input and participate in solutions.
Why does a central committee submit one nominee, as opposed to multiple nominees to the
governor? According to the Maryland Code, it is the responsibility of the central committee to
provide the name of their nominee to the governor within thirty (30) days of a vacancy, upon
receipt of which the governor has fifteen (15) days to appoint the nominee. State law does not
require the central committees to provide more than one name or to transfer their legal
authority to the governor. In the event of a tie the committee may provide more than one
name, but a state of indecisiveness is not the ideal or the standard across the state.
Local control is a Republican value. State law recognizes that the local authority should control,
and that issues of local political candidacy should be left to local political parties. Voluntarily
submitting multiple names creates a dangerous precedent. Transferring the responsibility of the
local political party to the state, may be a disservice to voters when the sitting governor is not of
the same party and in any event relinquishes local control. Similarly, transferring the
responsibility of the local political parties to sitting county commissioners to name their own
replacement, was not the intent of state law and would deny the political parties, particularly
the minority party, the opportunity to select their own candidates. The Queen Anne's County
Republican Central Committee has been in respectful and frequent communications with
Governor Hogan's office throughout the development of its nomination process. The
Committee voted by a majority, to accept accountability to local voters, and submit only one
name to the governor, consistent with Maryland law. We are pleased that the Governor has
recognized local party authority and worked within the framework of existing state law, to
accept the Committee's nomination.
Transparency of Process
In an effort to be fully transparent and earn voter confidence, the Queen Anne's County Republican
Central Committee has adopted and published a formal process and timeline for use in filling vacancies
in Queen Anne's County. The process is based on state law, statewide precedents and best practices,
with deference to the Maryland State Republican Party Bylaws, the Maryland Open Meetings Act and
Robert's Rules of Order.
Notification to Public: In an effort to be more transparent and inclusive, the Committee expanded
communication of the notice of vacancy, process and timeline to the public in a number of ways:
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formally presented to the public during regular business meeting of the County Commissioners,
posted to the Queen Anne's County government website,
posted to the Queen Anne's Republicans website
Shared through a link on Queen Anne's Republicans and QAC Political Forum facebook pages,
E-mailed to our entire Republican database , and
distributed a press release which was published by Chesapeake Publishing.
Opportunity for Public Comment: Although not required by law, the Committee elected to provide a
period for public comment, to allow voters to weigh in on the process and any recommendations they
may have regarding candidates. The Committee received a total of 86 comments. Comments and
endorsements of local organizations are given great deference. We encourage local organizations to put
forth the most qualified and competitive candidate they have to offer. Any endorsement is weighed as
one of several important factors in the competitive selection process that seeks to identify the most
qualified candidate.
Open Interview Process: The Central Committee received a total of six timely applications for the
position, with only four qualifying from residents of District 1. Each of the four qualifying candidates
were provided generous and equal time to answer uniform interview questions regarding their
qualifications and current county events of interest to the voters. The situational/behavioral questions
were worded to evoke responses that demonstrate responsiveness to constituents and support for core
Republican values, such as limited government directed toward legitimate government purposes, lower
taxes, fiscal and personal responsibility, and adherence to the Constitution including the principles of
individual property rights and local control. Approximately fifty (50) people attended a portion or all of
the open interview session. The Committee encourages all Republican voters to attend the open
interview sessions.
Closed Voting Session: As has been the long-standing uncontested practice of the Queen Anne's County
Republican Central Committee, and as authorized by the Maryland Open Meetings Act, the Committee
voted through secret ballot in a closed executive session. According to the Act, a permissible exception
to open meetings is a meeting for the purpose of discussing hiring issues which may involve matters of
applicant privacy. Applicant privacy must be observed to encourage participation in the process, and
therefore matters discussed during executive session, including the breakdown of the vote, cannot be
divulged to the public. This is a matter of propriety, not of political preservation. All Committee
members agreed that the integrity of the executive session must be preserved and that the Committee
would stand united in the outcome of the vote.
Conflict of Interest: The members of the Queen Anne's County Republican Central Committee,
individually attest that no undue influence or unethical conduct was employed, entertained or of
influence during our selection process. Each attests that they have not accepted financial or other
inducement in exchange for a vote. Individual elected officials, including members of the Queen Anne' s
County Republican Central Committee, as citizens and residents retain full right to freedom of speech
protected under the First Amendment to the Constitution of the United States. Various county issues
and policies will affect members generally as residents, including taxes, property values, conditions of
schools, roads and services, etc. A general level of interest in policy as opposed to a direct interest, is a
requirement of the position, and does not meet the definition of conflict of interest for recusal purposes
under Robert's Rules of Order.
Our Commitment to Serve: We are committed to serving citizens across this County by promoting
strong Republican candidates and principles to achieve good government. We believe that it is possible
to engage in competitive political activity, without disparaging our competitors, especially within our
own party. We invite greater public participation in the process and will advance ideas and candidates
who reflect well on the Republican Party as a whole. We stand united for the people of Queen Anne's
County.
Respectfully Submitted by,
The Queen Anne's County Republican Central Committee
Timothy Kingston, Chairman
Roger Twigg, Vice Chairman
Laura Knickman, Secretary
Kevin Waterman, Treasurer
Carol Bilek
Michael Cogan
Barry Donadio
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