The post Bob Gatchel calls out conflict of interest. appeared first on Cecil County News.

On Tuesday September 7^th at the bi-weekly legislative hearing the Cecil County Council continued their long pattern of disregard for the law surrounding the upcoming Redistricting Commission. As detailed in previous articles, the Redistricting Commission, which is being formed to create a redistricting plan incorporating the 2020 U.S. Census data, has been beset by delays, political squabbling, and Council-created obstacles. Council President Bob Meffley has used, and continues to use, his position on the Council to circumvent the County Charter and influence the composition of the Redistricting Commission, thereby influencing the outcome. This Legislative Meeting was yet another example of Bob Meffley’s attempts to impose the will of the Cecil Business Leaders PAC over the will of the people. As his efforts to appease his cronies are exposed, Meffley’s actions become more obvious and more egregious. 

In accordance with the Open Meetings Act, the Council is required to post the agenda of the Legislative Meeting at least 24 hours in advance. The agenda must name the resolutions to be considered and provide drafts of those resolutions for the public to review. This gives the public the opportunity to not only understand what the Council is voting on, but also to allow the public ample opportunity to appear and comment on the legislation. The September 7^th Legislative Meeting did not list the resolution introducing the Redistricting Commission on the agenda in advance of the meeting. In addition to this resolution not being listed, there was also no draft of the resolution for the public to view. Since the Council failed to alert the public of their intent to propose the Redistricting Commission and failed to provide a draft of the resolution, the public was unable to effectively provide comment. 

Councilman Meffley’s violation of the Open Meetings Act, in the context of his previous actions, illustrate beyond doubt that the steps leading up to the current redistricting calamity can no longer be attributed to incompetence alone. The motives for Councilman Meffley’s failure to comply with the Open Meeting Act became immediately clear once the resolution naming the individuals to serve on the Redistricting Commission were read aloud. As explained in previous articles, the Council is mandated by the Charter to appoint one member to make the Commission an odd number, and they must select a chairman from the members of the Commission. Had the Council posted the resolution, the public would have seen that the Council replaced their appointed member at the last minute. Not only does this mean that the council made a material change to the proposed Commission without any notice to the public, but it also eliminated the opportunity of any member of the public to provide comments regarding this selection. 

As if blindsiding the public and shutting out the voices of County residents was not bad enough, Councilman Meffley’s most egregious action came by way of the individual who was selected. It was announced at the Legislative Meeting that the Council appointed member on the Redistricting Commission is going to be failed political candidate Carl Roberts. You may remember Roberts was selected by former County Executive Alan McCarthy to join his transition team in 2016. The same Alan McCarthy that County voters resoundingly rejected last election due to his unprecedented levels of corruption, tax and spend policies, and drunk driving charge. Roberts has also made several donations to candidates and organizations that Cecil County voters have rejected or voted out of office. In addition to Alan McCarthy, Carl Roberts made financial contributions to Martin O’Malley, Cecil Business Leaders PAC, Cecil County Democrat Central Committee, David Rudolph, and failed Gubernatorial candidate and radical Democrat Jain Ashwani. This is the discernment of the man Bob Meffley thought would make a beneficial addition to the Redistricting Commission. Not only are there serious doubts about the judgement of Carl Roberts, but also of the Council members who supported his appointment. 

It is not hard to believe that Bob Meffley was able to find support for Carl Roberts among other council members since Carl Roberts also made campaign contributions to Bill Coutz, Al Miller, and George Patchell. When voters are prevented from speaking, money will. It is unacceptable that the Republican Council would choose to hamstring the Republican efforts for a fair plan on the Redistricting Commission by tilting the balance in favor of the Cecil Business Leaders PAC. This is clearly a move to ensure the County Districts remain acceptable to the current council, and not in accordance with a genuine interpretation of the 2020 Census Data. It runs counter to what residents of Cecil County voted for, and it bypasses the provisions of the Charter that seek to make the Council a neutral part of the redistricting process. 

The violation of the Open Meetings Act and the silent replacement with Carl Roberts are only the most recent entries on Councilman Meffley’s long list of failures. His attempt to prejudice the Redistricting Commission and shut out public comment is made even more evident by the fact that at the same meeting where the redistricting resolution was introduced, he gaveled down and silenced the only person who stood up to speak out against it. The only way to let the Council know that we are paying attention and displeased by their actions is by holding them accountable at the next Legislative Meeting when they take the final vote on the Redistricting Commission Resolution. On September 21^st, residents of Cecil County will be given one last chance to voice their concerns. The Council has refused to hold themselves accountable to the laws of the Charter and the will of the people. It is now incumbent on all of us to show up to the September 21^st Legislative Session and make our voices heard. 

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                After an exhausting 2020 election cycle that left even the most ardent political spectators feeling fatigued and with the next election over a year away, few County residents are focused on the upcoming political happenings of 2022. Despite the seemingly distant events that will unfold in advance of County residents next visit to the polling booth, the County redistricting process is already underway, which will have a major impact on the 2022 race. As required by the Charter of Cecil County, the County Council is required to form a Redistricting Commission each year following the U.S. Census. The Redistricting Commission is responsible for submitting a plan that outlines residency districts, along with a report explaining it, no later than November 15^th of the year before the plan is to take effect. While redistricting is an inherently contentious process, this Redistricting Commission has been faced with last minute obstacles imposed upon them by the County Council, and Council President Bob Meffley in particular.

                In accordance with the County Charter, each party that earned at least 25% of the vote share for County Executive is entitled to nominate five members (one from each district in the county) to serve on the Redistricting Commission. As long as those nominees meet the eligibility requirements to serve, the County Council is required by the Charter to appoint the members selected. These names are to be submitted by the Central Committees of the qualifying parties (in this case, Democrats and Republicans) and confirmed by the Council no later than April 1^st. That date has come and gone, and while the Commission was established by the Council in March, the composition of the Commission has recently been thrown into question.

                On August 17^th, 2021, the Council proposed the resolution to appoint members to the Redistricting Commission, which will be voted on during the next legislative session on September 7^th. While the Democratic slate was full, the Republican slate had two noticeable absences for District 4 and District 5. Sources familiar with the matter have provided documents that show the circumstances surrounding those vacancies. The District 4 nominee lived outside of the district, making her ineligible for appointment. The District 5 nominee, however, was removed under the pretense that he was an elected official as a member of the Republican Central Committee and was therefore ineligible for appointment, because the Charter prohibits elected officials from serving on the Redistricting Commission.

                The grounds on which the District 5 nominee was blocked is legally dubious, and definitionally absurd. The Republican Central Committee, like all parties’ central committees are not a public body and are certainly not officers of the Cecil County Government. Members of the central committee are selected by the members of that party, not by the voting public. Furthermore, the County Charter doesn’t list any position in a political party as a public office, which is why the conduct, function, and members of the committees are not bound to the same laws as County Officials. Central committee members are party officers, not public officers. Therefore, a central committee member although “elected” by their respective party would not fit the definition of an elected official in the County Charter any more than a CEO elected by a board of directors, or a deacon elected by a congregation would. The provision in the County Charter is designed to prevent public officials from appointing themselves to positions that give them control over issues that affect their current office.

                Definitions of elected officials aside, the actions taken by Councilman Meffley appear to be political retribution rather than an honest, good-faith effort by our government to enforce a fair composition of the Redistricting Commission by following their best interpretation of the law. For one, other nominees listed on the resolution for appointment are also members of their party’s central committee. This means that Councilman Meffley is either targeting the District 5 nominee, or has failed to do basic due diligence on those nominated. Secondly, sources shared that the decision to disqualify both members were received on August 11^th. The Republican Central Committee was then given three days to appoint new members in advance of the legislative session where the appointments were to be confirmed. Not only is that an overly burdensome timeframe, but it also made it all but impossible to mediate the dispute over the District 5 nominee before a decision was needed.

                In light of the obvious double standard of barring one nominee from serving on the Commission on the grounds he is a central committee member and not others, sources share that the Council has removed the other nominees who currently sit on a central committee. However, the initial actions of Councilman Meffley are telling. The nominee from District 5, Vincent Sammons, is an outspoken anti-corruption advocate in the County. Many of Mr. Sammons targets are those with whom Bob Meffley has close ties. This incident, paired with past actions taken against Mr. Sammons by Councilman Meffley, reinforces the notion that Mr. Sammons removal from the list of nominees was politically motivated.

                Whether the one-sided actions taken by the Council were motivated by malevolence or are the results of incompetence, speculation can only answer. Regardless of intent, the actions taken are directly blocking eligible individuals from serving on the Commission in contravention of the Charter, and are indirectly disenfranchising Republicans who may not receive the representation on the Redistricting Commission that their party chose, potentially affecting the results of redistricting. Councilman Meffley’s actions have exposed the County to possible litigation, should the determination of the status of Mr. Sammons eligibility be taken to the courts. If pursued, the County’s limited resources will now be diverted to legal costs, and the work of the Redistricting Commission could be delayed. If not challenged, Councilman Meffley will have successfully blocked those within his own party from serving on the Commission and speaking up for voters throughout the redistricting process.

The post Last minute obstacles for the Redistricting Commission appeared first on Cecil County News.

Rising Sun, Maryland – Mary Beyer Halsey, 59, of Rising Sun, Maryland was sentenced today to two years in federal prison, followed by five years of supervised release, U.S. Attorney Robert K. Hur announced. Halsey previously pleads guilty to federal charges of conspiracy to commit bank fraud, receipt of a bribe by a bank official, and false statement in bank records, in connection with the straw purchase of a home in Rising Sun, Maryland, upon which Cecil Bank had foreclosed. U.S. District Judge Deborah K. Chasanow also ordered Halsey to forfeit interest in the Rising Sun property and to pay $300 in special assessments and restitution to the bank in the amount of $145,000. “Mary Beyer Halsey will now serve time in federal prison after she used her position as President and CEO of Cecil Bank for her personal benefit, causing a loss to the bank, which had already received federal taxpayer funds as part of the Troubled Asset Relief Program,” said U.S. Attorney Robert K. Hur. “Corrupt bank officials undermine the public’s trust in our financial system.” According to court documents, Halsey conspired with Daniel Whitehurst, an employee of a real estate development company that did business in Maryland, to defraud Cecil Bank and another bank to purchase a home through false pretenses, representations, and promises. Halsey agreed to help Whitehurst to obtain a line of credit from Cecil Bank, in exchange for Whitehurst agreeing to serve as the straw purchaser of 127 Ebenezer on behalf of Halsey. Halsey later participated in a loan committee meeting at Cecil Bank that considered and approved a $650,000 line for credit for Whitehurst and a $500,000 line of credit for his business partner.
Halsey admitted that at her request, Whitehurst visited 127 Ebenezer and provided Halsey with an estimate of the costs to update the house. Whitehurst determined that beyond replacing the kitchen subflooring at a cost of about $1,000, there were no significant repairs needed. A full appraisal on September 10, 2012, reflected a market value of $295,000. To support the below-market price that Halsey wanted to pay, Whitehurst included in the letter of intent a list of lower-priced home sales in the same area that was not comparable to 127 Ebenezer and therefore was not reflective of the property’s actual market value.
On the same day, Whitehurst e-mailed Cecil Bank his offer to purchase 127 Ebenezer for $145,000, during a meeting of the Cecil Bank Board of Directors, Halsey advised the Board that Whitehurst had made a purchase offer of $140,000 for the property, $5,000 less the actual offer. To support the below-market price of $140,000, Halsey falsely characterized the property as having “structural deficiencies [that] will require significant repairs.” Halsey did not disclose her personal interest in the property, nor Whitehurst’s role as her nominee to acquire the property on her behalf. The Board authorized Halsey to “negotiate the best price.” Thereafter, Whitehurst submitted a contract for him to purchase 127 Ebenezer from Cecil Bank for $150,000, which Halsey signed on August 17, 2012 on behalf of Cecil Bank.
On November 21, 2012, the settlement of 127 Ebenezer was held with Halsey representing Cecil Bank as the seller, and Whitehurst as the purported purchaser, selling the property to Whitehurst for $150,000. Both signed the HUD-1 form which falsely represented that Whitehurst had paid approximately $52,566 at settlement, when in fact, the down payment and all related closing costs were paid from the $75,000 Halsey had wired to Whitehurst’s bank account beforehand. From October 31, 2012 through March 29, 2013, Halsey transferred an additional $60,000 to Whitehurst to cover the cost of the upgrades to the house that they had previously discussed, as well as to reimburse Whitehurst for mortgage payments he made on the property.
In December 2012, in response to a question from a bank examiner for the Federal Reserve Bank of Richmond inquiring about the sale of the property to Whitehurst, Halsey falsely stated that she was “not totally familiar with [that] property” and that the bank had difficulty marketing the property and had not listed it with a realtor because of “issues with the county over the bonds outstanding.”
In April 2013, federal agents began interviewing employees and other borrowers about banking irregularities at Cecil Bank. Halsey never told the bank that she was the true purchaser of 127 Ebenezer, nor did the bank know that Halsey and Whitehurst had orchestrated the sale of the foreclosed property at the fraudulent price of $150,000, instead of the appraised pre-renovation price of $295,000.
As a result of Halsey’s misrepresentations and omissions, the bank lost approximately $145,000. This case was the product of a joint investigation by the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), the Federal Housing Finance Agency, Office of Inspector General (FHFA-OIG), the Mid-Atlantic Region; the Federal Deposit Insurance Corporation, Office of Inspector General (FDIC/OIG), New York Region; and the Small Business Administration, Office of Inspector General (SBA/OIG).

The post FORMER CECIL BANK PRESIDENT SENTENCED TO TWO YEARS IN FEDERAL PRISON FOR BANK FRAUD appeared first on Cecil County News.

This article follows up on an earlier story, Alan McCarthy’s Illegal Censorship of Constituents

To recap: it is illegal for elected public officials to censor their constituents and silence their voice on any public forum. In 2018, the ACLU settled a lawsuit with Governor Larry Hogan for deleting comments on his official Facebook page, and a federal court ruled that President Trump could not block individuals who post negative comments on his Twitter account. In 2019, the Fourth Circuit Court of Appeals ruled in 2014 that the comments section of a public official’s social media account is a public forum and discrimination against contrary opinions is not allowed.

Vincent S. Sammons of Rising Sun, MD, has recently filed a lawsuit against the Cecil County Government, naming Alan McCarthy, Alfred Wein, Jason Allison, Jennifer Lyall, Maggie Tome, Bob Meffley, Deborah Sniadowski, Brian Miller in both individual and official capacity as defendants.

The suit contends that the defendants named have purposely violated Mr. Sammons’ First and Fourteenth Amendment rights, as well as Article 40 of the Maryland Declaration of Rights. These alleged violations occurred when Mr. Sammons was blocked from posting and commenting on the Facebook page, “Dr. Alan McCarthy, Cecil County Executive”; when Mr. Sammons video feed was blocked during a virtual county meeting held on Zoom due to the COVID-19 pandemic; and when Mr. Sammons’ email was blocked from contacting the county government by States Attorney Jason Allison.

Screenshots and other documentation have been provided to the court by Mr. Sammons’ attorney as evidence.

As many know, Vincent Sammons has been a resident of Cecil County for many years. He was once president of the Rising Sun Chamber of Commerce and is now the Chairman of the Cecil County Republican Central Committee. He is a self-made businessman and his name has become widely known for his social media presence and outspoken criticism of corruption in the County Government and special interest groups backing it (which has resulted in repeated harassment against him by the County and members of the Cecil Business Leaders PAC “CBL” over the years).

Another county resident, Rob Perkins of North East, sympathetic to this case, has started a fundraiser to assist with Mr. Sammons’ legal fees.

In an era where civilian controlled government has become threatened by increasingly powerful organizations and institutions and may soon cease to exist, it is the right and duty of the citizens to question and challenge the establishment and ensure what President Lincoln described as the government of the people, by the people, and for the people, continue to endure.

The full PDF formatted complaint can be viewed by clicking on the image of the complaint above.

The post Cecil County Government Sued For Constitutional Violations appeared first on Cecil County News.

In what could probably be the most predictable move in history, County Executive Incumbent, Alan McCarthy filed a lawsuit against Danielle Hornberger and the Board of Elections in an attempt to claim re-nomination for his office after suffering a devastating defeat last June.

Hornberger’s victory was foreshadowed by a Maryland Matters poll illustrating a commanding lead over the other three contenders for the County’s highest office. Running on a Pro-Trump ticket alongside councilor Jackie Gregory and Rep. Andy Harris, she took more than 60% of the vote that night. Her victory came despite ten long months of persistent smearing and libelous conduct by Executive McCarthy and his Good Old Boys/Cecil Business Leaders supporters.

The lawsuit, which was filed around the end of July, alleged that Hornberger was not eligible to be on the ballot because the county’s department of human resources could not locate Hornberger’s financial disclosure form. And they claimed that a fraud had been committed because a replacement had been backdated to last November.

The lawsuit sought an injunction on her candidacy, which in their opinion would make McCarthy the winner as he was runner up in the race. And coinciding with that, several supporters of Alan McCarthy stormed social media spreading disingenuous claims of voter fraud on Hornberger’s part along with other slurs.

But apart from creating a negative fracas to discredit her victory, not unlike the claims of Russian interference leveled against President Donald Trump, the lawsuit was without merit. Any hypothetical misconduct would be entirely on the Board of Elections and not the candidate. According to reports, a probe into the Board has been opened up, but unlike our competitors, we will not speculate on what will be found or the outcome.

The facts are also that a financial disclosure form is not necessary to appear on the ballot. The only penalty for not submitting one is a fine. The claims of forgery and fraud also do not stand, as anyone given permission may sign your name to a document, and the Board of Elections has full authority to help people fill out those documents if asked. You also do not have to appear in person to have a document submitted.

Removing Hornberger from the ballot and having the runner up named as the winner is also not within the judicial power; we don’t change elections post hoc. That is not how democracy works. At most, McCarthy could have demanded a do-over, in which Hornberger would still be on the ballot and results likely be the same.

And after a court battle likened by some to Perry Mason and comments that her lawyer was unprepared and did not know the facts, Hornberger emerged victorious as the judge ruled in her favor over Executive McCarthy.

Cecil County News will continue to report on the election throughout the coming months.

The post McCarthy Lawsuit Fails As Judge Rules in Favor of Danielle Hornberger appeared first on Cecil County News.

Does he have a case? You decide.

Supporting Documents:

Kosogof’s Testimony (Including G1-G21)

Loan Application (C2-C5)

Security Title Insurance Policy (H2-H11)

Bank Origination ((C6-C13)

The post A Travesty of Justice: Episode 02 – The Trial, Pt. 01 appeared first on Cecil County News.

Watch the first episode of our new documentary series, A Travesty of Justice, now.

The post A Travesty of Justice: Episode 01 – The Beginning appeared first on Cecil County News.

To some, it might seem like no big deal when a post or comment on Social Media gets deleted for any reason. Others might fly in the other direction and claim that their free speech is being suppressed.

But in the case of elected officials, censorship of constituents is illegal to do, be it an official forum or the internet.

In 2018, the ACLU settled a lawsuit against Governor Larry Hogan for $65,000 for deleting comments of constituents on Facebook, meanwhile a federal court ruled that President Donald Trump could not block negative commentators on his Twitter account.

In 2019, the Fourth Circuit Court of Appeals ruled in Davison v Randall that the comments section of a public official’s social media account is a public forum and discrimination against contrary opinions is not allowed.

Source: https://www.aclu.org/legal-document/fourth-circuit-court-decision-davison-v-randall

Alan McCarthy, the Executive of Cecil County has adopted the same habit of deleting and blocking accounts from being able to comment on his page, particularly when they comment on his ethics abuses and illegal activities.

Ernie Beck, a citizen recently went viral on Facebook for exposing an anti-Trump message posted on McCarthy’s personal Facebook account that runs counter to his claims of being a Trump Republican. Beck today reported with evidence that McCarthy deleted the same comment he made twice before blocking him entirely.

McCarthy has also blocked Republican Central Committee chairman Vincent Sammons and many other residents of Cecil County for calling out his ties to corrupt business leaders and left-wing special interest groups.

The post Alan McCarthy’s Illegal Censorship of Constituents appeared first on Cecil County News.

Violation:  Code 39-14 Sections 1 a and b, and 2

Many know that Councilman Bob Meffley of Cecil County District 1 is the owner of a business called H&B Plumbing.

What some may not know is that in the during his tenure on the County Council, H&B Plumbing has been employed many times by the county to do work for its various departments.

This is a violation of the County Code.

Section 39-14 1a of the Code clearly states: “Except as permitted by regulation of the Commission when the interest is disclosed or when the employment does not create a conflict of interest or the appearance of conflict, an official or employee may not be employed by or have a financial interest in any entity subject to the authority of the official or employee or the County agency, board, commission with which the official or employee is affiliated,” and, “may not be employed by or have a financial interest in any entity that is negotiating or has entered a contract with the agency, board, or commission with which the official or employee is affiliated.”

As a council member, Mr. Meffley oversees policies and votes on the budget used by the various department and being the owner of a business that is entering into contracts with and taking service calls to do work for those departments constitutes a conflict of interest.

Section 2 states: “An official or employee may not hold any other employment relationship that would impair the impartiality or independence of judgement of the official or employee.”

Through his affiliation with both sides of the negotiation, Mr. Meffley and the departments that employ H&B Plumbing have a mutually beneficial relationship that can influence his judgment when making important decisions about them. The contracts he receives and funds with his position on the Council renders impartiality impossible.

Complaint form:  https://www.ccgov.org/home/showdocument?id=33239

Accounts Payable look up: https://www.ccgov.org/government/finance/vendor-purchase-order-detail-greater-than-500-00

Note: Only a few examples are listed below. There a many more available for your review via the link above, which is the County’s own website. We opened the PDF files that they supplied from the county and searched the key word “Plumbing.”

The post Meffley: The County Council President’s Ethics Violations appeared first on Cecil County News.