There They Go Again in QAC

The Queen Anne’s Commissioners have voted to appoint one of the county’s major developers to the Planning Commission – against the advice of their own Ethics Commission.

There they go again.

Barry Waterman — whose  financial disclosure form on file with the county lists him as a owning “real estate brokerage, investment, development, consulting and construction” – was appointed to the Planning Commission on a 3-1 vote on Tuesday.

Voting to give him a seat on a government body that overseas his own developments in the county: Commissioners Eric Wargotz, Paul Gunther and Courtney Billups. Chairman Gene Ransom abstained.

The only commissioner to vote against Waterman’s appointment was Carol Fordonski, who had asked for the opinion of the Ethics Commission about giving him the seat.

This opinion, which is not binding, said the Ethics Commission “determined that, due to the breadth of his employment in real estate and development field in the county and his real estate holdings, that holding a position on the planning commission would be a violation” of ethics laws.

The appointment quickly drew fire from some citizens groups.

“This group of county commissioners ran on trying to change the old ways of Queen Anne’s County government, and this just sends us back to the old days of improper government action,” said Richard Altman, chairman of Queen Anne’s Conservation Association.

“We had prior chairman of the Planning Commission who was a limited partner in a Waterman development. In those days the ethics procedures were kind of a joke. This is the bad old days being revisited.”

Mary Campbell, president of Ethics Matters Inc., said it is likely that complaints will be filed with the Ethics Commission. “I think it is foolhardy. My reaction was disbelief.”

Waterman, a Queenstown resident, told the county commissioners that if the ethics advisory against his appointment was used to deny him the seat “then you will have done both me and Queen Anne’s County a great disservice.”

He insisted, “I am not a developer.”

However, the financial disclosure form he filed with the county when he was put on a topic committee working on a new QAC comprehensive plan states that the nature of his ownership of Waterman Realty Co., is “real estate brokerage, consulting, development and construction, investments.”

He also listed himself as partner in his family-owned Wheatland Farm, across from the outlet stores on Rt. 50, where his wife has applied for development of offices, commercial and residential units.

For Waterman to serve on the Planning Commission would seem to be in contradiction of the county’s own revised Ethics Code.

Provision 811A2A states that no one should be appointed to any county board or commission “when engaged in any activity . . . regulated by required approval, or supervision by, or otherwise subject to the regulatory administrative or other jurisdiction or authority” of such a commission.

It proclaims: “The people have a right to be assured that the impartiality and independent judgment of public officials will be maintained.”

Mary Campbell said she was a member of the Ethics Committee when the revised code was drawn in 2002 – a direct reaction to outcry over one of Queen Anne’s major developers then serving as chairman of the Planning Commission.

“This county back in 2002 had the weakest ethics code in the state of Maryland,” she says. “It was a real fight to make it stronger.”

As revised, it now says: “This confidence and trust is eroded when the conduct of Queen Anne’s County business is subject to improper influence or even the appearance of improper influence.”

Waterman complained that when the ethics commission held a meeting about him without his knowledge it violated his right to due process. County attorneys at the meeting said it did not and such advisories were best standard practice.

Waterman called Commissioner Fordonski’s request for the advisory opinion “a witch hunt.”