Commissioners Attend Private Event

Open Meetings Act Complaint Filed

On September 9, 2025, four of the five Commissioners of St. Mary’s County attended the State of the County luncheon hosted by the St. Mary’s County Chamber of Commerce. On September 25th, I filed a complaint with the Maryland Open Meetings Compliance Board (OMCB) alleging a violation.

Held as a fundraiser for the Chamber, the State of the County luncheon premieres a video reviewing the year’s accomplishments, followed by questions and answers with attending Commissioners. According to the county’s website, the “event brings together residents and local businesses to watch the video and engage directly with the Commissioners.” Tickets, available for purchase through the Chamber’s website, were $40 for members. Non-members paid $5 more. Corporate and Table sponsorships were available at $1,000 and $750, respectively. St. Mary’s County Government and the Department of Economic Development were listed as Corporate Sponsors. 

The Commissioners hold four public forums each year where they listen to speakers who are given three minutes each to address the board on any topic. The Commissioners don’t typically engage–that is, they don’t answer questions. Instead, the Commissioner President reads a statement promising county staff will reach out regarding the public's concerns.

Commissioner Ostrow has held four town halls each year since being elected in 2022. The format, less official, allows the public to ask questions and get a response. Ostrow is sometimes joined by one other Commissioner to answer questions. Events where three or more Commissioners participate in an open dialogue are generally avoided.. 

The Maryland Open Meetings Act (OMA) and the St. Mary’s County Open Meetings Act requires a public body to conduct public business in a transparent manner. Commissioners have said they can’t attend meetings together because if they reach a quorum (3 out of 5 attending) they would violate the OMA by discussing public business without the necessary public notice. The luncheon is a unique opportunity. At no other event do a majority of the Commissioners network with and answer questions from the public. Their policy is not to engage at public forums.  

screenshot from Luncheon Q&A Video

Commissioners Guy, Colvin, Hewitt, and Ostrow attended the Chamber’s Luncheon fundraiser at a packed Bay District Volunteer Fire Department. Questions submitted ahead of time were summarized into several broader queries, then answered by the Commissioners. Subjects like housing, taxes, and impacts of State and Federal legislation were covered. 

The Open Meeting Compliance Board issued an opinion on December 26th, finding no violation of the Open Meetings Act. The Board noted an “absence of a specific item pending or likely to come before the [Commissioners]” during the event’s Q&A which “distinguishes this [complaint] from the only two prior opinions in which we concluded that a public body’s attendance at a private entity’s event was a “meeting” of the body.” 

However, the OMCB did advise the Commissioners to tread carefully. “The appearance that business was being conducted secretly–or in front of only those willing or able to pay to observe–did not serve the purpose of the [OMA] to ‘increase the faith of the public in government.’” 

The Board goes on to write, “we thus caution public bodies against participating in such events or, if they do attend, to be especially vigilant in avoiding comments on any matters that are pending or likely to come before the body.”

Commissioner Colvin commented on the OMA complaint at the Commissioner’s January 6th meeting, saying the OMCB’s findings of no violations were “a good thing.” The Chamber’s event, he continued, provides a place for the public “to meet with the Commissioners…to ask us questions…and I hope that we can continue to do it.”

What do you think? Are the Commissioners engaging with the public enough, or should they host more public events? Do you believe the Chamber’s event, where attendees pay for access to the Commissioners, is an appropriate venue for the Commissioners to speak with the public?

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