Kamenetz Says His Legal Work Doesn't Violate Charter
Legal work raises questions about the meaning of law governing outside employment for the county executive
In the year after Kevin Kamenetz took office, the Baltimore County executive continued to do some legal work, according to a review of county and state records.
The work refocuses attention on language in the Baltimore County Charter that requires the executive to "devote his full time to the duties of the office."
A county spokesman said Tuesday that the law would allow a county executive to hold outside employment so long as he works at least a 40-hour work week for the county.
"The county executive is not practicing law," said Don Mohler, Kamenetz's chief of staff. "Being county executive is more than a full time job."
Still, Mohler argued that the law would allow a county executive, if he so chose, to hold other employment, such as working on a farm, helping a spouse with a boutique or restaurant or writing a book.
But the intent of the language, written in the County Charter in 1956, is not clear.
Even the current county attorney has made conflicting interpretations about the meaning of the words "full time" in the last 11 months.
Baltimore County attorney Michael Field said Wednesday that he now believes the law allows a county executive to hold outside employment, but acknowledged there is no case law to back up the position.
"What does 'full time' employment mean?" Field said. "I absolutely don't know for sure what it means."
Legal Work Continues
Kamenetz reported earning an undisclosed amount of money related to his law practice, according to a review of his financial disclosure form filed in May with the Baltimore County Ethics Commission.
A review of court records shows that Kamenetz was one of the attorneys of record in a divorce case filed by a Catonsville couple in September 2011—nearly 10 months after Kamenetz was sworn in as county executive.
Kamenetz represented a Catonsville man in a case that is only remarkable because the couple had already lived apart for two years before the case was filed. The couple had agreed to the every aspect of the dissolution of the union before they filed in court, according to a review of the case file at the Baltimore County Circuit Court.
A number of lawyers told Patch that the details of the case did not suggest that a high level of special skills were needed to resolve the matter.
Mohler, Kamenetz's chief of staff, said Wednesday that the county executive represented the man prior to being sworn into office.
"[Kamenetz] has said all along that he would not accept new clients and would only handle those cases which he could not transfer to another attorney without damaging the client," Mohler said.
Questions about the fate of Kamenetz's law practice first arose in January 2011 after Patch inquired about 16 open civil cases in which the county executive was listed as the attorney of record.
Mohler said then that Kamenetz was winding down his practice, and providing services only to those clients who could not find another lawyer, or who could not be transferred without damaging their cases.
Kamenetz gave up the lease to his Towson law office. However, he still maintains the phone number associated with that office. Calls to the number go to the Towson office of Charles Gilman, a personal injury attorney.
A woman who answered the phone at the office said Kamenetz was county executive and did not actually work there. She described Kamenetz as being "of counsel" with the firm and said he refers work to the office.
Kamenetz also maintains a post office box that he uses on his law office letterhead in letters filed in the 2011 divorce case. The most recent letter was written in February.
Mohler maintains that Kamenetz does not have outside employment but "if a client were to come back and [Kamenetz] could quickly do something, he would do that, and not put the client at risk.
Mohler said his comments were based on a common 40-hour per week definition of "full time."
Defining 'Full Time'
But not everyone agrees on that interpretation. Even Field, the current county attorney, has made conflicting statements in the last year on the meaning of the County Charter.
In an interview last year, Jay Liner, a former county attorney under then-County Executive Jim Smith, said the law was "clear and unambiguous" in its intent that a county executive not have any outside employment.
Liner's statement is supported by Field, the current county attorney, in a letter written to the Maryland State Ethics Commission in August of last year.
The letter, obtained under a Maryland Public Information Act request, discusses proposed changes to the county ethics laws. One of those changes dealt with prohibitions on employment.
Field wrote that he was applying certain prohibitions to employment "only to members of the County Council and not the county executive. This is because the County Charter prohibits the executive from having another job."
In an interview Wednesday, Field said he now holds a different interpretation of the law.
"I would say now that I over-read the charter from looking at it again," Field said. "It says 'full time,' it doesn't say he can't have other work."
Field said he believes the phrase is meant to denote a 40-hour work week only.
He acknowledged though, that there was no case law or opinion from the Baltimore County Ethics Commission on the subject and that the notes from the group that wrote the charter are silent on this issue.
"It's just not defined anywhere," Field said.
"I'm not certain it's something any attorney can answer," Field said, adding that a court might have to settle it.
"Until it's tried somewhere, how do you know?" said Field. "I don't even know how you would try this one."
JDStuts
11:57 am on Thursday, June 21, 2012
Bryan,
If your reporting isn't recognized soon then there is obviously something amiss with the professional. This simply outstanding leg work. Kudos to you.
llawyer lou
7:33 pm on Friday, June 22, 2012
A lawyer has a fiduciary obligation to his client, first and foremost. The fact that the County Executive may still be completing a case that was initiated prior to his election - despite the risk of a muckraking article by a non-lawyer reporter - is not surprising. Then sad part is that the story is a virtual duplicate of the one he wrote a year ago. It appears that Kamenetz hasn't entered his appearance in any new case since he was elected so there is no story.
Year
Bryan P. Sears
11:06 pm on Friday, June 22, 2012
llawyer lou: That's not true. The case entered into in Sept. 2011 was not on the books when I wrote about the conflict between the County Executive's professional ethics as an attorney and the possible legal requirements of the job.
The county exec continues to earn money from his practice of law and the question regarding how this comports with what is essentially the constitution of the county remains.
Also new is the letter from the county attorney in Aug. 2011 that states that the county executive is prohibited from holding outside employment and that same attorney's statement reversing himself, without benefit of case law or ethics commission opinion etc.
Mike Pierce
12:45 pm on Thursday, June 21, 2012
Well, Bryan, good digging and reporting, but this must be a slow news day. As long as Kevin's legal work has nothing to do with county government, development, etc. I would say that this is much ado about nothing.
How about him operating the beer tap at McFaul's? Oh, I guess he was not paid for that work.
Keep digging!
Buck Harmon
3:25 pm on Thursday, June 21, 2012
Another example of pointless, poorly worded law that can never be enforced...the gray zone of political dabble.... and this one still lingers from the 50's.
I would liken the effectiveness of this old law to some of the new transgender silliness law currently being created by current bad law makers...
The bad cycle continues...
Push the envelope Kamenetz...it speaks of your true character.
DARRELL HAMMERBACKER
5:59 pm on Thursday, June 21, 2012
I'm no fan of Kamenetz ,and becoming the County Exec I'm sure is very demanding.His Legal Duties when he was a full time Attorney must be either turned over to a Partner or cleared up by him.Full time in todays standards very's.Make it clear in the Charter.
Jimmy
6:51 pm on Thursday, June 21, 2012
"Devote his full time" sounds like legal speak for "you will only concern yourself with matters of the county". Like any other law that concerns those in power, it was purposfully written to be able to be conviently interpreted. I guess $150,000.00 + a year is not enough to live on...and Mr Mohler saying he is not practicing law...does he think the truth wouldn't be found out? Just step up and do the right thing for once in your life Mr K.
Terry
12:42 am on Friday, June 22, 2012
Great work Bryan! Trying to keep government honest--good luck. The County Executive job should be a full time job with no distractions. Baltimore County residents voted Kevin in office and expect him to do the best job possible. We hope that through his leadership the County will prosper through these hard economic times. If your not there, then you can't do the job. Please,someone, anyone, fix the loophole
Arbutus Town Crier
8:02 am on Friday, June 22, 2012
The Laws of the past was written with common sense, reasoning so the uneducated would understand. With the use of common sense and reasoning by design of founding fathers, the all men are created equal so why not use common sense and reasoning we are all endowed with?
The lawyer’s dissect the language that the common blue collar citizens can’t understand or write so much that unless you’re a lawyer and can understand it. Manipulating the English language extensive pages that the blue collar gets bored trying to understand and know what our elected officials are doing.
Politicians the majorities are aristocratic, wealthy or knowledge from higher education. They abuse the system by twisting the common sense and reasoning that all are born with, all men are created equal so why not use the common sense and reasoning we are all endowed with, everyone who reads this article shake there heads using common sense and reasoning.!
Buck Harmon
10:54 am on Friday, June 22, 2012
Well said...
Bart
11:15 am on Friday, June 22, 2012
I'm pretty sure KK isn't doing legal work in his spare time, because I'm also pretty sure he doesn't have much spare time. That being said, there are a lot of politicians who have been known to push the boundaries when law has been fuzzy. And this is some fuzzy law.
Let's make the laws very specific so our County Executive doesn't have this cloud hanging over him.
I didn't vote for KK, I don't particularly like his style, but this is a good opportunity for him to clear the air, and reduce the speculation.
K Blue
1:37 pm on Friday, June 22, 2012
If you look at the charter, there are 3 positions created that use the language "shall devote his full time to the duties of his office." They are the County Executive, the County Administrative Officer and the Chief of Police. There is no such wording for other named chartered positions. Frankly, I dont quite know how much more specific it could be. Because the present executive is an attorney who had an active practice prior to his present position, it complicates matters as it pertains to existing cases, but not new cases (either old or new clients). While I am not so concerned about this particular County Executive representing third parties for compensation in the future (he is smarter than that), it does concern me that the interpretation by his office as reported by his spokespersons is setting a precedent that has not been seen in the County (as far as I know). People who succeed him, or others in county government, can point to his interpretation of full time equals 40 hours if they decide to engage in outside employment. Neither Smith nor Ruppersberger, both attorneys, represented clients during their terms as far as I know. Do we really want to open the door for the County Executive, the County Administrative Offcier and the Chief of Police to be able to engage in outside employment as long as they work at least 40 hours per week? I think Liner had it right. Field had it right the first time.
JDStuts
2:56 pm on Friday, June 22, 2012
It is a little more refined than actual hours spent working. While some attorneys are pay to play it is common in the legal industry to use a retainer system. By the logic coming out of the executive's staff you could have a sitting county executive whose practice continues to be paid by individuals (as defined by the Supreme Court in the Citizens United ruling) for no recent physical production.
Any conflict of interest charge can then be challenged from the perspective that government cannot interfere in private legal transactions. For fun you throw in the Commerce Clause and you've got this tied up for years in the courts.
Field and Mohler didn't get lost in the semantics as much as their intentions. Mohler because his defensiveness makes him so prickly. Field, well, I think Field is a good administrative drone and and a honest bloke who likes to please the boss, but he's not much of a thinker.
This is easily solved but, once again, KK's ego might be the biggest hurdle here. Bryan pointed out the issue and KK's inability to absorb and process criticism (not blanket negativity, just opposing feedback) makes it hard for him to recalibrate.
Buzz Beeler
6:17 pm on Friday, June 22, 2012
Part time is what you do when you don't make enough full time.
As to the ethics issue he had his chance and failed to live up to the state standards.
It seems the only way (FD not included) to get a response from the county is file a PIA. I just received another, - Gee we're sorry about your e-mail - but a gentle push should get a response. If not Mr. Homan will get another post card.
leo
12:16 am on Sunday, June 24, 2012
This County Executive does not need any more distractions. He and his appointees
are already out of touch with the people they serve.
Buzz Beeler
8:34 am on Sunday, June 24, 2012
Leo, ain't that the truth. I see it first hand all the time.
jack friese
9:52 am on Sunday, June 24, 2012
Another remarkably good job by Bryan Sears- keep them on their toes- Bryan! Kamenetz is merely another political hack in a long list of incompetents who is screwing the Maryland taxpayers. I have asked Kamenetz to get involved with CINA 03-08-000299 since Jan 2011. Jim Smith did nothing for his tenure except duck bob and weave and answer nothing.
My son has been stuck in this foster care cesspool that I call Dumbcastle on York Road since October 3, 2008. He has been sexually, physically and emotionally abused. Chief Johnson of Baltimore County Police, HHR Secretary Teflon Teddy Dallas, Judith Schagrin, Ben Levey and Joanna Toy, Benjamin's state appointed lawyer of Meccas Place, delegates and senators have closed their eyes to this child abuse and almost four years of arrogance, incompetence and stupidity by Judy Schagrin, Timothy Griffith, Brenda Donald, Stacy Rodgers, Canitra White, Brian Wilbon and many others at DSS and HHR.
Teflon Teddy Dallas has constructed an all out cover up with the help of Nanny McFee Schagrin, Levey, Branch, the social workers oversight review board, the citizen's review board Delegates, Senators, Chief Johnson and the court system. Inspectors General Russell and Johnson have closed their eyes and ears and have done nothing to investigate the medicare and medicaid fraud and why this broken system wasted hundreds of thousands of dollars on this nonsense at Dumbcastle.
Why is Benjamin stuck in this cesspool Mr. Johnson?
tbw
1:37 pm on Sunday, June 24, 2012
A more pertinent question to ask is why was the youth removed from the home to begin with?
Buzz Beeler
10:33 am on Sunday, June 24, 2012
Hey Jack, one hell of of post. Where you been? This is a powerful story. I have other friends who have had the same experience.
The states attorney's office is mute, blind and basically clueless. Scott only comes to he forefront on photo-op cases, doesn't respond to e-mails (so I guess a PIA is in order) and of course there is that little push from Jim Smith with numerous $$ sings attached.
The voices of the people shall rise up and hold these people accountable.
leo
11:30 am on Sunday, June 24, 2012
Volunteers, including students, can no longer plant trees on County-owned
land. County Executive Kamenetz might want to spend some of his free time
investigating how that's working out with environmental groups.
Butt-hurt Buzz
12:15 pm on Sunday, June 24, 2012
Jack, while the condition you described sounds horrible, your post has nothing to do with this story. Stay on topic!
jack friese
1:28 pm on Sunday, June 24, 2012
butt hurt, you are clueless and unless you have had to deal with these clowns in the Balto county Police, the social workers oversight review board, the citizens review board and the criminals at HHR you have no idea of the corruption, fraud and waste of tax payer money. Teflon Teddy Dallas is a joke together with Kamenetz, Branch, Schagrin, Levey, Griffith, Brenda Donald, Stacy Rodgers, Brian Wilbon and many others. HHR covers up sexual, physically and emotional abuse of foster care kids. It is so bad even Benjamin's state appointed liar, (lawyer) Meccas Place is in the tank for these clowns.
I have been on Schagrin's back for almost four years. She has accomplished nothing on this case. The whole HHR operation is corrupt, broken, and arrogant. They know nothing, ignore the annotated code and are a group of morons. They should all be fired starting with Teflon Teddy Dallas, a real political hack.
Go to it Jack O'Malley!
JumpinJackFlash
6:07 pm on Sunday, June 24, 2012
One has to wonder why a person would want everyone to know that his kid ended up in foster care and is still there 4 years later. Especially if he has contacted all of these officials and oversight boards. HMMMMMMMMM!!!!!!
Buzz Beeler
6:45 pm on Sunday, June 24, 2012
Who died and left you boss. Patch hire you as an editor or content police.
With your name you have no creditability at all other than one who snipes at people's content. You expect to be taken seriously.
You are so clueless you just revealed you are tied up with the administration and it shows how low they will stoop.
Too you people's loved ones and dealings with county government mean nothing unless it praises YOUR LEADER.
With people like you pitching for him, it will be a nine inning game and then it's over.
How clueless can you be. Ever heard of credibility.
Steve
4:21 pm on Sunday, June 24, 2012
LOL "creditability" ??
Buzz Beeler
6:46 pm on Sunday, June 24, 2012
I corrected my typo now correct yours.
ArcAngel
4:35 pm on Sunday, June 24, 2012
Easy there Buzzter, I'm not gone, just watching your every move. Your past is your future. Mom remembers, so do I.
Buzz Beeler
7:00 pm on Sunday, June 24, 2012
I don't have to say a word. You bring a defenseless woman and mother into this, your character speaks for itself. I don't think you can go much lower than that except for Steve to insinuate she is not receiving good care. I am there every day.
I'm used to dealing with people who live in the gutter and lie outright like Steve and his other aliases. You see I have access to the records. Steve, remember the e-mail you sent to a whole bunch of people because you didn't like their point of view. When you can't control your emotions that's when you can get into trouble.
That's why he used the photo he does. You can't tell which one is the pothead.
http://www.nytimes.com/2006/10/24/world/americas/24iht-dems.3272493.html?_r=1
Steve
7:24 pm on Sunday, June 24, 2012
I have never sent an e-mail to any group of people. What records do you have access too. Patch's? I am sure AOL isn't too keen about that. BTW I have never posted under any other aliases either. Why bother?
I was just trying to save you some agro. I had to research nursing homes for my Uncle and a Manor Care rated a 1 star out of 5.
http://www.medicare.gov/NHCompare/Include/DataSection/Questions/SearchCriteriaNEW.asp
When people get put into a nursing home they usually get every gem and infection taht everybody else has in there soit's important that they rank higher then 1 star especially in Cleanliness.
Buzz Beeler
12:14 am on Monday, June 25, 2012
Thank you fro your concern. When I was in high school I worked at the ManorCare on Joppa Road.
jack friese
8:53 pm on Sunday, June 24, 2012
JumpinJackFlash: to answer your question. Benjamin's mom has been in this idiotic failed system for more than 20 years. She was raped while at the Salem Group home at the age of 12. BCDSS provided no mental health treatment and constructed a cover up. She was not allowed to speak with her Grandmother for 14 years or visit Baltimore. BCDSS simply bought a child off with clothes, braces, furniture, computers and finally a six thousand dollar check for a car. They tried to shut her up and would have succeeded had it not been for Ben Levey who on April 13, 2011 had Benjamin's mom evicted because she was tell me too many things and causing DSS too many problems.
This system is very dangerous, broken and corrupt. Schagrin and Levey accomplished nothing on this case in almost 4 years. They have WASTED hundreds of thousands of tax payer money on some foolish and dumb programs that were colossal failures. Then the want to blame the victim, Benjamin's mom and me.
Benjamin will be returned to me on July 23rd because dumbcastle has no more games to play.
This is really a case of criminal behavior by the very agency that is supposed to protect our kids, not harass and keep them away from their family for a bunch of bogus reasons.
jack friese
9:12 pm on Sunday, June 24, 2012
JumpinJackFlash here are the facts. Benjamin's mom has been in the BCDSS, broken, corrupt agency since she was six years old. She was raped at the Salem Group home when she was 12. BCDSS provided little mental health for this rape. To the contrary BCDSS refused to let this rape victim visit her family in Baltimore for 14 yrs.
DSS Balto County placed the mom in more than seven programs that were very expensive and a waste of hundreds of thousands of taxpayer dollars. These programs were in Balto county and Gaudenzia. All were colossal failures because DSS never took into account more than one hundred emails I sent to them and the politicians. Instead they lied to the court, and harassed this family for almost 4 years.
BCDSS is a joke run by jokers and incompetents. Schagrin and Levey accomplished nothing in almost four years except to piss me off.
The mom is now in Washington County and being treated for the rape, bi polar disorder and other issues that this broken system has not dealt with until now.
She is in treatment now because I went to court in Anne Arundel County and the judge understood the issues and ordered an evaluation that lead to this new treatment. We are guardedly optimistic that finally, the treatment will be effective and Benjamin will be getting his mother back and she has begun dealing with the rape and other issues. Benjamin will be returned to me on July 23rd. Teflon Teddy Dallas has no more cards to play. This is not a game Teddy!
JumpinJackFlash
10:08 pm on Sunday, June 24, 2012
And the rest of the story _________
Usually there is your version, their version, and the truth, which only God knows.
ArcAngel
9:56 pm on Sunday, June 24, 2012
You certainly are a self centered demagogue, aren't you? Since you bring up the subject of mother Beeler, I especially enjoyed the first part of your blog. Especially the part where you re-write history, again (serial liar). "My personal date with a near death experience came June 14, 2003. My heart stopped in front of the North Point Precinct while I was confronting a suspect, and I hit the ground not breathing." CONFRONTING A SUSPECT! When are you going to admit what really happened? WHEN? When you lie to yourself and those around you enough, I guess the truth is just an "inconvenient truth", huh?
Buzz Beeler
12:27 am on Monday, June 25, 2012
And what are you? A coward who hides. You call me a serial liar, based on what evidence, you don't like my blogs and that is the only way for you to strike back.
Where's your evidence wing nut? You know the thing police use to get a conviction or writers use to get a story.
How did I get my sick time back if it was not ruled - line of duty - injury by the administrative judge? They decided the case not me.
The truth is you are a mealy mouth individual who hides behind a fake name and throw pebbles, because your not strong enough to throw the truth.
Call the FOP lawyers and they will tell you what happened. I guess I really upset the administration this time.
ArcAngel
8:28 am on Monday, June 25, 2012
Careful there Buzzy. You're losing control and you don't want Marge to scold you again do you?
ArcAngel
8:42 am on Monday, June 25, 2012
Why doesn't the serial liar post a pdf of the incident report? Could it be embarrassing for him? I know it would.