Transparency in Government - Louise Smith Style

Last year when she was running for the Salisbury City Council, Councilwoman Louise Smith only had a few issues. Initially the only two things she could talk about were getting the city audit completed on time and Government in th Sunshine. Later on she latched on to higher salaries for the city's public safety employees.

We all know that the audit was due before November 1 and it still has not be formally presented to the Salisbury Council. As for public safety employee salaries - the police did receive a raise, but Louise went out of her way to renege on her promise to the city's Firefighters (whose union supported her campaign).

What about Government in the Sunshine? For Louise this has many facets. For Smith the concept includes public participation, council participation and lastly openness of process. Unfortunately for the voters of Salisbury, Louise fails in all three areas.

Public Participation -
Louise's view towards the voters, particularly towards those that disagree with her, is that of a latter day parent towards children. The public should, preferably, be seen but not heard. If the truth be know, Louise would prefer that they not be seen either.

During her campaign Smith stated numerous times that she would never allow citizens to be treated as they had been under Mike Dunn's term as Council President and that citizens would be given ample time to speak and that they would be treated with respect. When Smith first entered office she made a capital mistake. She went on the record that she would not only allow citizens to speak during the "Public Comment" portion of the meetings but also allow citizens to speak before to individual pieces of legislation before a vote. While she has made several attempts to back out of that particular promise, she seems to have buckled under constant reminder from Councilwomen Debbie Campbell and Terry Cohen. The one saving grace left for Salisbury citizens is that Louise just can't handle public humiliation.

As to not treating citizens like her predecessor did, there has been little improvement. When a citizen asks a question they are not provided an answer - unless it suits the agenda of Smith. They are reminded that an answer will be given to them in the future. Initially Smith claimed that answers would be provided within two weeks. However this is seldom the case. Some citizens are waiting for answers after months.

It should be noted that Louise never hesitates to violate her own rules when the mood suits. At the December 10, 2007 meeting some folks were allowed to question city staff, council and City Administrator John Pick about a drainage issue. This suited Smith's agenda, so the rules go out the window. In a truly open government ALL citizens would be given answers to their questions whenever possible.

It should also be pointed out that questioning the lack of integrity of the Smith troika is also not tolerated. I was threatened with removal last year and just this week citizens were threated with removal because they evidently laughed at one of Louise's ploys to keep the Barrie Tilghman Railroad running down the tracks. It should be noted that I was watching on television and there certainly was no audible disruption from the audience.

Council Participation -
Smith's predecessor in the center chair was the personification of grace and gentility compared to its present occupant. If there are any doubts as to my opinions regarding Mike Dunn's tenure as Council President one need merely search the archives of Delmarva Dealings. However, he usually allowed a member expressing an opposing point of view to ask questions and to speak their mind. Not so under the fascist rule of Smith.

When one of her rubber stamp colleagues personally attacks either Councilwoman Campbell or Councilwoman Cohen they are allowed to do so, despite the fact that such behavior is expressly forbidden in Smith's vaunted Code of Conduct. Yet, when the aggrieved party attempts to respond they are gaveled out of order. Smith claims "that ground has already been covered" and that "it's time to move on".

When legislation is debated Campbell and Cohen are often, if not constantly, interrupted by Smith. In all fairness to Councilman Gary Comegys, he never hesitates to strongly express his views in a debate but he doesn't (as a rule) interrupt his fellow council members.

Smith will never direct the administration to provide an answer to a question from Campbell or Cohen any more that she demands valid answers from the public at large. Information is clearly not needed for legislation, only the knowledge that the Mayor's agenda must be pursued at almost any cost.

Openness of Process -
This is the area that most people think of when one discusses transparency in government. Again, Smith fails miserably. I would dare say that if it were not for state law, and willingness of City Attorney Paul Wilber to only go so far, open government would be nonexistent in the land of Barrie.

A key tactic of the Salisbury City Council in this matter is one that Smith did not start, but one that she has allowed to live on - hiding legislative opinion from the City Attorney under the ridiculous claim that it is "privileged". This disgraceful tactic was used again at Tuesday's work session. The Tilghman administration does not want to pull the non-conforming use permits from several of the city's slumlords. Now the law is quite clear on this matter. If an owner voluntarily gives up their non-conforming use for a period of 12 months it is lost. The city's rule also take away the non-conforming use if a landlord fails to pay his or her licensing or registration fees.

Evidently several landlords are about to lose their ability to exceed the city's 4-3 law and Tilghman, along with Smith, Comegys and Councilwoman Shanie Shields are desperately trying to find a way around the law without having to publicly admit to being in the service of the city's slumlords. They need Paul Wilber to run to the rescue.

Wilber claims that court precedent won't allow the city to yank a non-conforming use for a licensing violation. When asked what his authority was, the specious claim of privilege was made. Under the rule of the Tilghman administration, and now with the concurrence of "Little Miss Government in the Sunshine", any ruling by Wilber is subject to litigation. Therefore, this constitutes lawyer / client work product and is therefore privileged.

Now, in this day, almost anything is subject to litigation. Spill your coffee at McDonald's? Sue. Dry cleaner lost your pants? Sue. The motivation of the Tilghman administration, and now Smith, is quite clear. By claiming privilege, Smith has prohibited Campbell and Cohen from publicly debating the merits of legislation. Therefore, Tilghman and the Smith troika are saved the embarrassment of publicly being shown to be fools and/or lackeys to certain special interests.

Another tool that has not seen much abuse, yet, under Smith is the abuse of closed meetings. However, that could well be coming. Tuesday it was obvious that the "council leadership" really didn't want to discuss landlord licensing in public. Fortunately, even Paul Wilber couldn't make up an excuse to allow that one to go into closed session.

Smith is in power. The sun has set. Salisbury must look to Government in the Darkness.

cross posted at Delmarva Dealings