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Friday, June 05, 2009

Salisbury: How Much Will the City’s Legal Bill Be This Time?

Here’s the opinion that health insurance benefits for a city official constitute “compensation” that cannot be “increased or diminished” during his or her term of office. The City Council would have violated the Maryland Constitution by adopting Barrie Tilghman’s proposed budget that omitted funding for health insurance for those members who receive it.

You don’t need a law degree to learn about this opinion, which was issued by Maryland’s attorney general in 1993. It’s available on the Internet* and may be retrieved by entering several key terms in “Google.” That may not be how Terry Cohen found it, but fortunately she did. Just how she did so is not important.

What the public needs to know is why the City Attorney didn’t find this opinion and bring it to the attention of the Ethics Commission and tell us about it even earlier, when Shanie Shields raised the matter of ethics before the Council adopted the budget. Because of his failure to provide timely legal guidance, Barrie Comegys and cohorts like Lynn Cathcart, have had a field day trashing Ms. Campbell and Ms. Cohen and using their scurrilous sniper, Jonathan Taylor, to vilify them.

Thank goodness Ms. Cohen has once again found the appropriate legal authority that escapes Mr. Wilber’s grasp – just like in that Salisbury Mall zoning fiasco. Recall how he told the Council that he had done legal research and had found several cases that supported the rezoning ordinance, which was later struck down in the Circuit Court.

And here’s the really ludicrous part: once again Mr. Wilber will actually and greatly benefit by failing to find the attorney-general’s opinion and putting a stop to things at the get-go. His legal bill will likely include both attending the Ethics Commission hearing and meeting in closed session with them as well as doing lots of legal “research.” It’s the Salisbury Mall mess all over again.

http://www.oag.state.md.us/Opinions/1993/78oag296.pdf






24 comments:

Anonymous said...

This is really an outrageous episode.

Didn't someone say the "help is on the way"?

Anonymous said...

It appears that Jim has no back-bone.

Anonymous said...

I figure those p***ed away dollars to come to just under 10,000.

Wilber will bill for at least 30 hours at $240 per, even though much of the work was done by his paralegal and office staff. This guy has to go - he's generated way too much income for himself at our expense by incompetence.

Anonymous said...

Terry is obviously smarter than a licensed liar...er, um, uh, lawyer.

Anonymous said...

Jim:

What are you waiting for?

Anonymous said...

Ireton should send Wilber's bills for this and for the "Salisbury Mall mess" to Barrie Tilghman.

Anonymous said...

I do have one question that maybe Joe or someone can answer. If, as the document indicates, health insurance is considered "compensation," then how can a Councilperson have it in the first place? When we elect someone to Council, his or her salary (i.e. compensation) is whatever has been authorized. How, then, can he/she have more than that through enrolling in the health benefits plan? Also, not all Council members are in the health plan, so in effect those who are are better compensated than others. How can this be?

Anonymous said...

Barrie thinks she's above the law and can change the law as she wishes. Will anything or anyone ever go after her the way she's gone after Terry and Debbie?

As for Mr Wilber, he needs to be replaced. He most likely knew all along but knew his fees would climb as each meeting went by.

Commegy's, Shanie and the old Witch may have the votes in their favor but the law is the law. Two of them better start thinking about what they will do after the next election. Maybe find a hobby.

Anonymous said...

9:40-

Every member is entitled to be enrolled; not all of them have enrolled.

The matter is addressed by the Maryland Constitution -- the highest authority in this instance.

Anonymous said...

Bubba will move on to teach math and english roflmao

Anonymous said...

Speaking of the "Salisbury Mall mess" it looks like they are scamming us again -- see today's DT --

http://www.delmarvanow.com/article/20090605/NEWS01/906050304/1002/Old+Salisbury+mall+site+development+may+begin+with+convenience+store

And what's this all about:

"In March, SMA withdrew its request for a second one-year extension for final plans, after the city attorney said that would not be permitted. SMA submitted plans for the convenience store parcel on time, but the planning commission tabled it, after a staff report noted there were "a number of inconsistencies in the plan and an extensive list of public works comments."
SMA next requested another extension of a year or whatever time was deemed necessary, this time for revising its plan.
City Attorney Paul Wilber said he is researching, for the upcoming meeting, the legal impact of planning commission timelines. The issue could come up if the planning commission rejects the revised plan, he said."

Anonymous said...

10:01-

Looks like more money for Wilber at the public's expense.

And just what we need, another C-store that will screw up another intersection and neighborhood.

Anonymous said...

The city once had a good attorney.

Now we've got Paul Wilber, and Terry Cohen has cleaned his legal clock in court and now this.

Mr. Ireton, tear down that wall (of legal incompetence and obstruction)!

Anonymous said...

10:28 --

"Now we've got Paul Wilber, and Terry Cohen has cleaned his legal clock in court"

And Stu Leer, too!

Anonymous said...

Maybe Ireton is waiting for the next election. For his sake I hope not because he won't have my vote or support again. He should have begun the house cleaning process a month ago.

joealbero said...

OK, it's time to call some of you Idiots out. Ireton CAN'T fire anyone. What is it about CAN'T that YOU don't understand?

The nay sayers constantly try to make these comments to make it look like Ireton is doing a poor job. Why, because it's killing Barrie Tilghman inside to see that he's so welcomed by the majority of Citizens. That's why they're writing MOST of the articles on Jonathan's Blog. He can't spell, he can't read, he's a deadbeat of a human being who laughs at all of you for visiting his site and believes all of you believe what he has to say.

Ireton cannot fire anyone for about a year. So ANY more comments that come in like this will be rejected, even if I know you. I have stated it very clearly, it's in the Charter. Just like Barrie Tilghman illegally tried to take away the health insurance, Ireton cannot fire anyone without a majority of the Council. Remember the Internal Auditor that just got fired from the County. Rick Pollitt didn't fire her, the entire Council did. DO YOU UNDERSTAND NOW?

Anonymous said...

10:45, as we knew--or should have known--when we elected Ireton, it is virtually impossible to be mayor and a schoolteacher at the same time and do both jobs effectively. I was a teacher, and that job took all my time and energy; I can't imagine trying to handle two jobs at once, especially that of mayor. When the school year ends next week and Ireton goes to part-time for the BOE, then he will have the energy to do the things we elected him to do.

Anonymous said...

Joe:

Please ask Bob Eaton whether the mayor can fire the City Attorney!

Anonymous said...

Go look at the actual "Salisbury Mall mess". Whay are they letting them build a convenience store at the corner of Glen Avenue and Beaglin Park Drive?

Anonymous said...

10:58 Will you elaborate please.

Anonymous said...

How do those Salisbury Mall guys keep getting away with this --

http://sbynews.blogspot.com/2009/06/tom-stevenson-where-are-you-not-at-old.html

Anonymous said...

My,My we pulled the plug on this one didnt we.

Anonymous said...

11:07 -

where were you in mid-1998?

Anonymous said...

Now we need the council to pull the plug on Wilbur for costing the taxpayers a ton of money for his own incompedence.