By Greg Bassett

Wicomico’s legislative branch took significant actions last week in its ongoing conflict with the County Executive by overriding a veto, denying requested legal representation and formally allowing the County Attorney to oppose the County Council in court.

The council and County Executive Julie Giordano have been engaged in a several months dispute over her filling two Executive Office positions without routine approval. The council took steps to temporarily defund salaries for those positions; Giordano vetoed that action.

The entire controversy has been directed to Circuit Court, where a judge could eventually rule on which side is in the right.

The positions in dispute are Deputy Director of Administration, occupied by Matt Leitzel, who moved from York, Pa., to accept the post; and Deputy Public Works Director, occupied by Heather Lankford, who has served as an engineer for both the county and city governments.

Council members maintain they have definitively rejected each of the appointments, so those positions should not be funded in the department budgets. Giordano alleges the council acted outside the bounds of the County Charter.

In a 6-1 vote last Tuesday night, the council overrode Giordano’s veto of its prior defunding action.

The council also moved to solve a legal representation dispute in a “writ of mandamus” case Giordano has filed in Circuit Court. The executive had asked the council to set aside $150,000 so she could hire an Ocean City-based lawyer to argue on her behalf.

The council has maintained that County Attorney Paul Wilber can represent Giordano’s contentions as part of his legal retainer. Wilber, who has backed Giordano’s position in the dispute, has said several times he is uncomfortable siding in court against the council.

As County Attorney, Wilber represents the entire government, and it might be seen as a conflict if he were to represent one branch against another.

In an identical 6-1 vote, the council declined to fund Giordano’s legal funding request. In a resolution, the council waived Wilber and his Salisbury law firm from any liability in such a potential conflict of interest.

Prior to the vote, Wilber said he was uncertain whether he would ultimately represent Giordano in court.

“This is an inherent conflict because our law firm represents the executive and the council,” Wilber said. “If this passes, I’m going to meet with my partners and we’ll make a decision on that.”

Bringing a new level of direct opinion and clarity to the conflict, County Council Attorney Robert Benson declared it was his opinion that Giordano did not follow the charter in the appointments process.

“In every other significant appointment that the council and the county executive has made – that I am aware of – since she was elected, she followed up with a memo requesting a closed session and either immediately or shortly after sent a second memo requesting an open legislative session to approve it.

“In this instance, she did not do that,” Benson said.

Addressing the council during the public comments portion of the session, Giordano kept to her previous position.

“It is crazy that I have to come to council to ask for an attorney to sue you, but that is what the charter says I have to do,” she said. “And so I followed the charter and that’s what I have been doing this entire time is follow the charter followed by the opinion of Mr. Wilber.”

Council President John Cannon also kept to his previous stance.

“It surprises me sometimes when I feel like something is so very simple and I feel like some people don’t get it,” he said, adding that the two nominations were never requested in an open legislative session.

“There were reasons – there were very good reasons – that the council did not feel it was necessarily in the best interest of the county to move forward with these two individuals. We didn’t feel like they were properly qualified,” he said.

In a somewhat surprising development on Friday, Lankford appeared to announce on social media that she was removing herself from the hiring controversy and would return to her post as a county engineering employee.

“In the face of all of the negative, untrue comments and frankly, unprofessional statements and actions of the council in their beliefs that I’m not qualified,” Lankford wrote, “I continued to personally engage with constituents that requested assistance from their respective council member with no success and I stepped in and attempted communication to council and was met with lack of answers and courtesy.”

“… My road, at this time, turns to the direction to remove myself from the negativity and lurking court matters and while also silencing the demeaning words about myself as a person and professional, by standing firmly in the Manager Engineer Role. Should the Court resolution conclude, I may or may not adjust my sails at that time. For now, I will regain time with my son and family, and not be overshadowed by the unnecessary background noise. I will continue to work side-by-side with Public Works and the administration, while realizing I am one person, and more importantly, a mother who wants to cheer her child on, rather than be engulfed in watching contentious council Meetings, only to be met with disrespect and attempted belittling words.”