Solicitor’s firm given contract; FIT president says she shouldn’t have two roles
By DAVID NAHAN/Sentinel staff
OCEAN CITY – Two weeks after a debate erupted at Ocean City Council after Councilman Michael DeVlieger pushed to have a contract for the city solicitor’s firm pulled from the agenda and tabled, council approved the contract unanimously Thursday, June 24.
The professional services contract, worth about $50,000, is for the firm of McCrosson & Stanton, P.C., to represent the resort in special litigation. It was pulled from the consent agenda again last week, but approved.
Dorothy McCrosson is the city solicitor.
At the earlier June council meeting, DeVlieger was pressed by Councilwoman Karen Bergman and Councilman Pete Madden on why he wanted to delay the contract after the city has approved that same contract every year for about a decade. Bergman and Madden suggested DeVlieger was overstepping his bounds because the mayor is the person who appoints counsel.
At the time, DeVlieger would not explain his reasoning other than to say there was a conversation with the administration he wanted to finish.
At the June 24 meeting, DeVlieger again said there had been a “conversation with the administration that wasn’t finished.” He said that conversation is now finished although the sides did not agree.
He said as long as the two parties were talking, “I’m comfortable with that.”
Bergman said she was glad “you resolved your issues.”
Council President Bob Barr asked McCrosson a “housekeeping question” about how she could serve as the city solicitor and special counsel.
“Whether I’m sitting on this side of the table as solicitor or sitting on this side of the table against a litigant,” McCrosson responded, “I’m still on the city’s side. It’s not a conflict. I’m always on the city’s side.”
During public comment, David Breeden, president of the citizens group Fairness In Taxes, questioned the ethics of the situation.
He said as the director of law for the city, she is a full-time employee and that any litigation she performs falls under her work as the city solicitor. He said because she is paid a salary, he asked if she also got the $190 an hour for the special litigation work or if she took vacation time when she was in court.
Breeden said everywhere he worked, “the golden rule” was that a government employee could not refer work to an employee or a firm the employee has an interest in. “You’re a city employee referring work to your firm,” he said. “I think that runs afoul of the local ethics law.”
“When I take a case,” McCrosson said, “I don’t stop being the director of law.” She said her job as city solicitor is 24/7 and she takes calls at all hours. She added it is also more efficient for her to handle specific special litigation, especially when it deals with things such as affordable housing.
“I’ve called you at all hours,” DeVlieger said. “I think you’ve done a great job.” Council unanimously approved the contract.