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Sunday, August 23, 2015

ACLU FILES 2ND OPEN MEETING COMPLAINT AGAINST POCOMOKE

POCOMOKE CITY, MD - The American Civil Liberties Union (ACLU) of Maryland has filed a second complaint in a month against Pocomoke City officials for violations of the Maryland Open Meetings Act (MOMA). The latest complaint concerns unannounced, closed meetings held by Town Officials in late June, during which the decision was made to fire Pocomoke's first African American Police Chief, Kelvin Sewell. The complaint was filed with the Maryland Open Meetings Compliance Board on behalf of Stephen Janis, a reporter for The Real News Network, a Baltimore-based non-profit news organization.

"How can Pocomoke residents not be concerned to learn that Town officials called secret meetings and pressured the Town's only African American elected official to fire the community's well-liked Police Chief? said Deborah Jeon, Legal Director for the ACLU of Maryland. "It violates state law when governments make important decisions behind closed doors without notice or explanation to the public and the press. Between barring media from public meetings and holding secret discussions, Pocomoke officials have a lot to answer for."

As with the ACLU's first complaint, which pertained to the media being barred from a Pocomoke Council meeting on July 13, this complaint again relates to Pocomoke City's controversial firing of Sewell. At the time of the firing, no explanation was given for the town's action, and many in the community - both black and white - were angry and upset. Despite extensive media attention and community demands for information in the weeks following Chief Sewell's firing, Pocomoke officials have remained silent about the process and basis upon which they arrived at their decision to terminate the chief.

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27 comments:

JoeAlbero said...

What a bunch of Idiots. If they only knew the TRUTH about what happened. In the end they will all come out looking like absolute fools, including and especially the EBT Blogger.

Anonymous said...

What a bunch of 2 bit amateur lawyers at the ACLU. The media was most certainly NOT barred from the meeting. The Real News Network has video right on it's site of portions of the meeting.

Anonymous said...

Everyone needs to go and watch the interview with Downing on the Real News Network. She talks of him as police chief making an anon phone call and someone taped it! Not a mention of the now obvious lie Sewell told about why he was fired because he wouldn't fire the black officers. The call was in relation to a March drug raid or investigation so the question needs to be asked why is Sewell sneaking around making an anon phone call! He has no business doing that especial if it involves a police investigation like Downing said it did. He's no damn good!

Anonymous said...

I thought meeting in "closed session" was appropriate for discussing all personnel matters. At least that's the way it's done up here...

Anonymous said...

The ACLU is going to have egg on their faces because I have news for them-a closed meeting held for administrative purposes and conducted not in conjunction with a regular meeting does not fall under the scope of the MD Open Meetings Act.
That's dealing with complaint #1.
#2-There is video of the July 13th Pocomoke City Council meeting online for anyone to view, at the Real News Network.
The ACLU needs to get their act together and stop wasting the time and the resources of the commission who is tasked with dealing with this BS.

Anonymous said...

"Despite extensive media attention and community demands for information in the weeks following Chief Sewell's firing, Pocomoke officials have remained silent about the process and basis upon which they arrived at their decision to terminate the chief."


No they haven't. The ACLU needs to get their act together. Diane Downing who happens to be a Pocomoke official is on tape being interviewed. She clearly states Sewell's termination was due to some taped telephone call he had made. What's interesting is that this conflicts with the reason Sewell gave for his firing.

Anonymous said...

"Anonymous said...

I thought meeting in "closed session" was appropriate for discussing all personnel matters. At least that's the way it's done up here...

August 21, 2015 at 1:59 PM"

You are correct 1:59 but that is not the issue. They are claiming the "secret" meetings were held without notification to the public and that violates the MD Open Meetings Act. It does not.
The MOMA clearly states that it does NOT apply to every possible item of public business. It further states that it does not apply when a public body is carrying out an "administrative function". If the Act does NOT apply, as it does NOT here "a public body is free, but "is NOT required" to comply with the Act's provisions on notice, openness," etc.
This is a no brainer and yes, many are going to have egg on their faces.

Anonymous said...

Bah, rehire 'him,' hold an open meeting, fire him ... again.

Anonymous said...

"secret meetings?" Hardly. It wasn't like the council was instructed to meet under the cover of darkness and discuss this issue in some far off clandestine location away from the prying eyes and the ears of the residents of Pocomoke. A more accurate choice of a word would be emergency meetings called to discuss an unexpected situation that needed immediate action.
The misinformation and exaggerations the Sewell supporters are putting out is getting old.

Anonymous said...

As per the ACLU complaint "Neither meeting presented "emergency" circumstances that would have precluded the Town from providing public notice....."

I disagree. These meetings certainly do fall under the special or emergency category. They involved at least one special circumstance that required immediate attention by the council before the next scheduled meeting, i.e.-the discovery of Sewell making an anon phone call about a criminal investigation as per Diane Downing on the Real News Network. He had to go and he had to go fast. It would have been derelict of the council to know of his nefarious behavior and allow him the opportunity to engage in it yet again.

Anonymous said...

I can not help but think after watching the Downing interview that Sewell was tipping off drug dealers of upcoming raids. I hope I am wrong because I wanted to believe in him. If I am not wrong, then I feel he needed to be relieved of his duties sooner, rather than waiting for the next scheduled meeting of the mayor and council.
If he was tipping off the dealers then an emergency meeting would be necessary to get rid of him quickly before he could do any more damage to the community by allowing the dealers to continue selling their poison.

Anonymous said...

If he had such a cozy relationship going with drug dealers that he felt compelled to be tipping them off, he wouldn't need to do it anonymously I don't think. It sounds more like something someone would do if they were threatening someone to me.
Regardless of the circumstances, it's just weird and creepy that a grown man, the chief of police no less, would even be making anonymous telephone calls. The more that comes out, the more it makes him look like some kind of whack job.

Anonymous said...

"Anonymous said...

As per the ACLU complaint "Neither meeting presented "emergency" circumstances that would have precluded the Town from providing public notice.....""

This is the kind of nonsense you get when you rely on the amateur wannabe's from the ACLU. They would have no idea whether or not the meeting presented an emergency as they have no idea of the circumstance surrounding it. This is something that could only be determined after the facts are made public. What is a no brainer though is that whatever lawyer prepared this should probably never go into private practice because they are an incompetent boob.

Anonymous said...


Pocomoke is getting good advice from their lawyer regarding talking about this subject and scenario. More importantly, they're following it.

Equal opportunity to be hired, which he was, brings with it equal opportunity to be fired if you don't measure up or step in it. From the sounds of it his shoes should stay on the porch.

Anonymous said...

You can't help think? Makes no sense start over!!

Anonymous said...

You are so wrong and have no idea! DOJ, State prosecutor, Attorney General and ACLU all disagree with you. Yet you still believe in yourself. Crazyness.

Anonymous said...

Who is? They are all facing criminal charges. Been their done it. Not fun.

Anonymous said...

Criminal charges will be filed.

Anonymous said...

Do you think she is a good witness? I don't. Interview was for votes made no sense Spent more time describing the room she went to then the actual event. Total bs.

Anonymous said...

Can't do what they did. If your doing it then your wrong! They are in big trouble.

Anonymous said...

Attorney General has put them on notice. That means charges could be coming. Are you next?

Anonymous said...

600 people disagree with you.

Anonymous said...

Mayor said he barred the media homie.

Anonymous said...

after reading the blogs and the news sources (if ya wanna call them that) it seems he was fired for several reasons, I am amazed that Downing would stick her neck out and go on record telling us that he was fireed for something other than what he says lol guess they forgot to get together and discuss what they was gone say. so so far, it seems he was obviously not a trustworthy individual and it also brings Downins character in question when she is refusing to believe a unethical chief shouldn't be fired. (some woman in one of the videos said it was ok for him to be under the covers, what? this is your chief of police..wow) sounds like he should have went a long time ago, sounds fishy..best thing sewell can do is like you said 9:04, take his bags and go somewhere else before he can no longer be a police officer in Maryland and stay on the porch. sounds like the emergency meeting knew that something was happening and it had to be stopped. Good job to the Mayor and the Counsel, I am impressed that they took action, so many would have waited until it was obvious and smeared his name all over the news, looks like though he is gonna do that for you after its all said and done.

Anonymous said...

This isn't any big deal. If they are found in violation by the compliance board, there are no penalties or even orders given by the board to follow. It becomes up to the violator to the put corrective measures in place.

Anonymous said...

Sewell's supporters act like this is the end of the world and if PC is found in violation they are going to be hauled out in handcuffs.
Well the joke is on them. So far the mayor has admitted what amounts to a good faith mistake. Even if they are found in violation and this is taken to circuit court and found guilty the penalty is to NOT exceed $100.00 which is pocket change.
As far as the meeting notice, the outcome would have been the same only he may have been employed for a day or 2 longer.
The bottom line is he's gone, get over it and move on because there is nothing anyone can do, PC isn't in any kind of trouble and all anyone is doing is wasting their own time.

Anonymous said...

" Anonymous said...

Mayor said he barred the media homie.

August 21, 2015 at 11:05 PM"

"homie?" Oh that's classy or should I say classic low class response from a Sewell supporter.