OCEAN CITY — A local resident told City Council that it needs its own solicitor, suggesting that having one for both council and the administration poses conflicts of interest.
Jim Kelly addressed council during public comment at the March 27 morning meeting.
Kelly is a founding member of the newly formed advocacy group Ocean City 2050, which as part of its mission advocates “for transparency and accountability in local government.” He told the Sentinel, however, he was speaking to council as an individual, not on behalf of the group.
Reading from a prepared statement, he said council and the mayor have separate and distinct roles in the governance and administration of Ocean City. “Their legal needs and priorities are distinct from one another and could be administered more effectively by dedicated legal representation,” he said.
Adding that City Council is critical in local government’s system of checks and balances, he said, “Legal counsel, free from actual or perceived conflict of interest, is essential to the performance of this responsibility.”
The city now has one solicitor, Dorothy McCrosson, who provides legal guidance to council and the administration as part of her responsibilities.
With the shared counsel, Kelly said, “who is the client when there is disagreement between the two?”
He argued separate counsel would provide City Council “better access” to legal advice even as council and the administration work as a team.
Kelly said “generally accepted benefits” of having a counsel solely for City Council include objective and expert legal advice, protection of council’s autonomy, the avoidance of conflicts of interest and means to promote transparency and accountability.
Getting into more detail, he said a council-specific solicitor can provide “unbiased legal counsel, free from potential influence or pressure from the city administration, ensuring that the council’s decisions are based on sound legal principles.”
Having a shared solicitor can create a conflict of interest when council and the administration disagree, and having a separate one would ensure council’s legal interests are protected. A separate solicitor also would allow council to be independent and autonomous when making legal decisions, “without being beholden to the city administration’s perspective.”
“A separate solicitor can help ensure that the council’s actions are in compliance with the law, promoting transparency and accountability in city government,” he said.
Kelly said change can be uncomfortable and it can feel easier to do things the way they’ve always been done.
He brought up the idea because council is setting its agenda for the year ahead and asked that they set some time during the year to “deliberate on this critical function of our city’s government” and get input from constituents.
Kelly also asked council members to “publicly communicate your position and beliefs.”
Asked Monday if he believed the administration and City Council needed separate solicitors, Council President Pete Madden was succinct. “No,” he said.
Asked if he was satisfied with their legal counsel, he responded, “Yes.”
Madden added he doesn’t plan to consider the idea.
Council and the administration are currently working through the five-year capital plan and the 2025-26 budget.
– STORY and PHOTO by DAVID NAHAN/Sentinel staff
