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Insider Politics

'Tammany Hall' Then and Now

Three years ago Councilman David Marks was highly critical of the fundraising efforts of development attorney David Gildea on behalf of several Baltimore County Council candidates.

Marks now seems more comfortable with what he once called "a Tammany Hall-style political machine." Enough so that Gildea is helping raise up to $4,000 per person for the Perry Hall Republican at a November event in Carney.

Not that Marks is willing to talk about it.

Gildea and Michael Paul Smith, son of former County Executive Jim Smith, were involved in raising tens of thousands of dollars for Democrats Cathy Bevins, Gordon Harden and Tom Quirk. The pair raised the money through house parties where attendees were charged $1,000 per person—at the time an unprecedented amount for a council race, much less for candidates who had never run for office before.

At the time, Marks and other community leaders said they worried that Gildea and Smith were attempting to elect councilmembers who might be friendly to their client's development proposals. Land use and zoning are primarily controlled by individual councilmembers.

In a 2009 story I wrote for the Baltimore Sun, Marks was highly critical of the involvement of the attorneys—specifically Gildea.

"The image of a Tammany Hall-style political machine, selecting candidates to run in open council districts is troubling," said Marks, who was president of the Perry Hall Improvement Association at the time.

Gildea is now part of a host committee that sent out invitations to a fundraiser for Marks that will be held in November at the Bowman Restaurant.

The Towson development attorney in May was responsible for authoring "significant portions" of a bill (Marks' words) that benefited clients of Gildea and his law firm. Marks was the lead sponsor of the bill.

I emailed Marks the 2009 statement and asked him to reconcile the 2009 statement with the upcoming fundraiser.

Here is his response in full:

"The people who selected me were the voters of the 5th District from all political persuasions," Marks replied. "I ran with community support and have proven to be an independent member of this County Council, limiting development on more than 400 acres of land and authoring numerous bills that make government more open to the public."

Marks declined Monday to answer questions about whether or not the event in any way conflicted with his statement made months before he announced his candidacy for the County Council.

A day later, Marks avoided the press and at one point left a council work session through a public entrance in order to access a backdoor into the council office suite, rather than use an exit that leads directly to the offices because it meant walking past a reporter.

Marks, through an aide, declined requests to be interviewed Tuesday.

John Patterson

10:07 am on Wednesday, September 12, 2012

Great story, Bryan.

It's sad to see what's happened to David Marks in his short time on the Council. But it's not hard to understand. Money controls everything in Baltimore County. And the developers have the money.

Marks' comment about people from "all political persuasions" electing him is irrelevant. He has an odd habit of referencing partisanship in response to many questions, which is just silly at the local level. Here, as those who pay attention know, it doesn't matter whether you are a Democrat or a Republican. It only matters whether the developers can trust you to vote their way.

Apparently they believe Marks will.

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K Blue

11:30 am on Wednesday, September 12, 2012

Part of Marks' appeal is his actual ability to work across party lines in an open and approachable manner to accomplish what is best for his constituents. Sometimes the interests of developers run counter to that, but not always. Concessions by developers beneficial to a community do not happen on their own. Marks' attention to community concerns concerning development issues and nondevelopment issues is well documented. An open line of communication with developers and constituents is a absolute necessity if you want this County to move forward in a responsible, open manner. Marks has done a remarkable job making the process more open and accessible to all and, according to the reports I have read, made zoning decisions within his district based on sound principles and even downsizing enormous parcels of land that ran counter to development interests. If the individuals hosting the event believe that Marks is someone that they can work with to accomplish common goals that does not necessarily mean that he can be trusted to vote their way, esp. since one development interest may run counter to another development interest and/or community interests. I disagree that money controls everything in this County.

JDStuts

10:10 am on Wednesday, September 12, 2012

Great work Bryan!

If anything, Marks has declared he is going to self term limit himself after this election. Maybe he thinks he can take their money and then burn them since he's not going to run again. A dangerous gamble to say the least but he does need to explain himself here.

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Bart

10:21 am on Wednesday, September 12, 2012

Where was Bryan Sears all summer long when David Marks was downzoning jundreds of acres to limit development? Were the developers happy with that? I am beginning to think Mr. Sears has a selective bias on Mr. Marks, who has been an extraordinary councilman for Towson and for our environment.

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Tim

10:32 am on Wednesday, September 12, 2012

Although I agree with you about Councilman Marks, that doesn't make him immune to this type of criticism. Especially when he rails against it previously.

My guess is that David is doing his very best to walk a fine line here. I don't think anyone here can 'reasonably' argue that David's failed to work in his constituents best interests.
The key will be staying on that path, and not allowing it to progressively redefine who he is as a Councilman.
You know what they say about government though. You really don't want to see how the sausage is made...

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JDStuts

10:33 am on Wednesday, September 12, 2012

This isn't gotcha journalism as much as an inquiry if Marks has had a change of heart going into his last term. The Patch and the Sun covered Marks work this Summer. But people change and people can be bought. Selling out, for all its negative associations, has some nice perks too.

Marks seems like a decent fellow. The best way to address to issue is to face it head on and offer a clear rationale that he believes. If people agree, they'll vote for him, if they don't, Marks can leave office head held high as being a man who did what he said he'd do.

Being a Dem or a Rep doesn't mean one is good and the other evil. We can still respect differences in opinion. Now it is time for Marks to make his opinion clear.

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number9dream

10:41 am on Wednesday, September 12, 2012

Where was Bryan Sears all summer long?

Dogging Todd Huff for accepting football tickets.

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Tim

11:21 am on Wednesday, September 12, 2012

JDStuts: Well said.

We may just be looking at a situation where ideology runs into reality and a palatable balance must be struck. Total speculation as I've never been in public office.

Councilman Marks has accomplished a good deal for this community. It comes at a price, the question is always "Is the price too much?".

Opinion: At this point, most definitely not. However, it's an open-ended, and constantly ongoing question.
.

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Bryan P. Sears

11:23 am on Wednesday, September 12, 2012

Bart: Local zoning issues for all seven councilmembers were covered by reporters in the respective areas. The Perry Hall, Parkville and Towson Patch editors extensively covered Councilman Marks' zoning decisions in their neighborhoods from beginning to end. Same goes with Local editors in each of our Patch sites around the county regarding their respective councilmembers.

Those decisions had a direct local impact and were best covered by the editors in those communities. I can provide you links if you like.

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Bart

11:44 am on Wednesday, September 12, 2012

Not buying it, Bryan; barely a peep from you when all the downzoning was happening, which went against many developers' wishes.
The Towson Triangle comes to mind. The developers were really drooling all over that one.

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Bryan P. Sears

12:35 pm on Wednesday, September 12, 2012

Bart: So it doesn't count if I don't write about it? While flattering as that may be to me, my colleagues who worked hard to stay on top of those issues will be very disappointed to hear that. I count no less than 15 stories in a very cursory search that I did. http://towson.patch.com/search?keywords=Towson+Triangle#/_utf8:%E2%98%83/sort:most_recent/page:1/_utf8:%E2%98%83/keywords:Towson%20Triangle

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Bart

12:49 pm on Wednesday, September 12, 2012

Meh. You're muckraking and you know it.

Steve

11:46 am on Wednesday, September 12, 2012

A famous politician once told me "A poor politician is a poor politician."

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JDStuts

11:49 am on Wednesday, September 12, 2012

Bryan,

You engaged Bart enough. The coverage issue is settled to all reasonable people.

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Steve Kolbe

12:10 pm on Wednesday, September 12, 2012

Bryan, you know that I have seen and felt personally the corruption that lies within the halls of Towson, and I applaud every attempt you make to shine light on the comings and goings here in our home county. To the best of my recollection, the Councilman certainly did criticize elected officials who have been bought and sold by developer money, but he certainly did not make a promise to refrain from taking developer money. And why shouldn't he? He has an election to win in two years in the county's most competitive district, and Republicans are routinely underfunded and outspent. As for the Democrats, it's a proven fact that some have indeed been corrupted, and David was right to point it out when he did.

The story, while excellent as always, and the ensuing comments, while... interesting as always, seem to finger some inevitability of future actions, but I encourage your readers to investigate David's record. He left a much higher paying job to volunteer for this post. He has consistently been a friend to the communities he represents, supporting and protecting the rural areas of his district while at the same time fostering a much needed renaissance in Towson's core. He has his heart in the right place. That's the man I know, and the man I and so many others continue to support.

I remain, at heart, a Republican activist, motivated to action because I know I'm working to help the people in this great county of ours that aren't corrupt.

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Bart

12:56 pm on Wednesday, September 12, 2012

Well said, Steve. I am a strong Democrat, yet I couldn't vote for Kamenetz because I felt he was just another chapter in the Jim Smith/Fred Homan/Don Mohler/Vince Gardina good old boy saga.
Marks has had to stand up to some pretty lousy behavior by KK and the gang, and it often affects the communities he represents.

Stark

4:33 pm on Wednesday, September 12, 2012

Bryan this is disappointing. I thought you were above the same opinionated muckracking that infects just about every other "news" source local and national.

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Bryan P. Sears

4:51 pm on Wednesday, September 12, 2012

Stark: There's no opinion here. I've not expressed one personal opinion. It is a fact that the councilman made the "Tammany Hall" statement three years ago. It is a fact that one of the attorneys he commented on then is hosting a fundraiser for him. It is a fact that the same attorney helped write a bill that benefited his clients that was sponsored by the councilman.

It is not muckraking to ask an elected official to explain his or her actions when they appear to conflict with an earlier statement.

Finally, it is a fact that the councilman declined to answer those questions.

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Joe

9:10 am on Saturday, September 15, 2012

HAHAHA ! Bryan Bryan Bryan. Some as we see here daily will dispute "facts". No matter the source. They will see "opinion" where it does not reside. They even go as far as to put words in your post that are not there. They will assume more than you post. They will assume the worst in the poster.
Tragically, when even the indisputable facts are denied by the blind, no dialog is possible.

Stark

5:02 pm on Wednesday, September 12, 2012

Let's talk "facts" then everyone.

This is trash journalism, another hit piece on a good Councilman. No wonder Bryan Sears is stuck as an internet blogger when junior talent leapfrogs over him to the Sun.

First, John Patterson is a partisan supporter and spouse of the campaign manager for the guy David Marks beat. Sour grapes. Your guy lost.

Second, why would Marks want to talk to an internet blogger like Sears who twists people's words and relies on unidentified sources for so many of his hit pieces?

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PMM49

8:24 pm on Wednesday, September 12, 2012

These guys aren't raising money for Marks out of the goodness of their hearts. They will get their payback eventually. Anyone who doesn't see that is just being naive.

I appreciate Bryan Sears and the Patch for shining a light on this change of heart on the part of Councilman Marks.

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MikeyG

9:21 am on Thursday, September 13, 2012

Hmmm....seems like Bryan is critical of David....but not sure why....for playing politics? Is your comment response you openly state that patch reporters covered davids downsizing work, but that's not mentioned in the story. All that is mentioned is a hint of hypocrisy in light of a fundraiser from a 3 yo statement. Really? Go cover the bail hearing or something. I don't know Mr marks but his record is pretty good in terms of public service. Sounds like a political sadbagging story gone awry.

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James Edwards

9:48 am on Thursday, September 13, 2012

Most of the commenters ignore the fact that Councilman Marks just got caught trying to put in a bill that affected the 6th District waterfront (yet he represents the 5th District). The bill would have allowed massive upzoning to what is allowed now. A bill that was heavily influenced if not entirely written to benefit one of Gildea / Smith's clients. It was withdrawn due to publicity by Bryan Sears' article.
Now Marks is taking large sums of money from the same development attorney group.

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FIFA_archived

10:30 am on Thursday, September 13, 2012

It is just hilarious see the posters lamenting the fact that politicians ask for money for campaign contributions. In this country?

Business people donate money to campaigns in order to get an audience before the politician and state their case, for or against something. It is the politician's job to independently make a judgement to the plus/minus of the proposal. Does money influence that decision?

Ask Mitt Romney if the $400 million being spent by the Koch Brothers will influence his decisions if he gets elected.

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Joe

9:12 am on Saturday, September 15, 2012

Will Obama's decisions be influenced by the hundreds of millions he gets from convicted criminal George Soros and all the many far left fringe outfits he funds?
Or is he above all that?

Mike Pierce

10:32 am on Thursday, September 13, 2012

James, you want to attack Marks for his support of Bill 42-12 which, as initially drafted (by the lawyers), would have allowed a PUD in Bowleys Quarters in spite of the intense community opposition. (No, the bill would not have "allowed massive upzoning" - it would have allowed the Council to approve the PUD process in such places.) As you noted, the affected area is not in Marks District, so did you ever consider that maybe he didn't realize it's impact there? I give Marks the benefit of the doubt that this bill was sold to him by some sneaky lawyer as being a benefit to something in Marks' own District (and Quirk). It's to his credit that he changed it when he was made aware of its consequences and responded to public input. Other Council members have not done that in many cases.

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James Edwards

11:10 am on Thursday, September 13, 2012

Mike:
Marks is a very smart person and he knew exactly who and where the county bill applied. I'm not really attacking Marks as much as I'm trying to highlight that these dealings are dangerous to the citizens of Baltimore County. This is the problem with our system. Our elected officials need to resist the temptation to have special interest groups (Development Attorneys in this case) do large donor fundraising for them. It is just too hard to resist their undue influence otherwise.

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Dirk Diggler

3:15 pm on Thursday, September 13, 2012

Was that the same Steve Kolbe who writes, "corruption that lies within the halls", who knowingly broke the County Zoning Laws to better himself. The same Mr. Kolbe who sued, quite unsuccesfully and wasted County time, money and efforts when all he had to do was follow the zoning laws as written. And now he wants to lecture folks about corruption. Has Mr. Kolbe once since then approached his Councilman or any Councilman and suggested changes to the laws or was he just in it to better himself in the eyes of the republican candidate for governor and gather attention to himself and who parlayed that little episode into the job as head of the Baltimore County Republicans. It seems it's as if that's an accurrate description.Nice try Mr. Kolbe, when you start following the laws as written you can then begin to lecture the rest of us about corruption. BTW, your candidates top guns both were found guilty, seems like you were the third strike and now you're out!

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Steve Kolbe

9:54 pm on Thursday, September 13, 2012

I have a megalomaniacal streak which led me to break the law, just so I could seize a negative income, volunteer position as a leader in a minority political party… riiiight.

Childish attempts to assassinate my character don’t change the fact that I’m right. David Marks is an outstanding legislator operating in a sea of corruption and Bryan Sears is a fair and balanced reporter that tries his best to get the story in a place where few others do. Both are good citizens of our community performing a critically important function.

Lily

9:44 pm on Thursday, September 13, 2012

Perhaps David Marks thinks that his record is so obviously not that of a patsy (willing to do whatever the money tells him to) that if some of his constituants who happen to be developers want to raise money for him than why shouldn't he accept it. I don't see any evidence that he's promised them some special favor for the money. They can lobby him if they want to and they can give him money. That doesn't mean he's obligated to view it as a bribe and give them anything and everything they want.

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Tim

11:46 pm on Thursday, September 13, 2012

Whether folks want to believe it or not, you do actually need money to win elections.

The Supreme Court's done us no favors as a country with their ruling in Citizens Bank (and subsequent reaffirmation of it this year) but nothing's going to change this corrupt system because the people benefiting from it are conveniently the ones in power.

You all remember "how it went" when David suggested to the Council that term limits be implemented earlier this year.
If I recall correctly, it was tabled pretty quickly. Getting 4 of the remaining 6 of them to voluntarily limit their own power? Right, as soon as it snows here in July.

Calm down

11:58 pm on Thursday, September 13, 2012

Observations:
1. Fair game for Sears to compare before/after quotes on Marks. Marks can't duck a reporter now that he is in the show. He is accountable for past/present comments. Not that it is bad. It is part of maturation process.

2. Marks Was not courageous with rezoning. To down zone cemetaries and storm drain areas is the height of grandstanding. Bryan McIntire down zoned hundreds of acres against vehement opposition. That was courage.

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Buck Harmon

9:05 am on Friday, September 14, 2012

Marks is currently owned by the Smith clan....sad but true.

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brucesckmickley

11:43 am on Friday, September 14, 2012

If any of the Patch readers actually believe that any candidate running for any public office can do so on the small amounts of money gained from non partisan individuals, or community organizations,they live on a different planet than I do.The golden rule still governs..that is,"He who has the gold rules".Obviously,anyone who gives money to any candidate,regardless of amount,expects ,some sort of special consideration by the candidate at some future date.It has always been that way since the days of our Founding Fathers..An elected official is to judged by how he or she performs in the public area once elected.I think that the record of David Marks speaks well of him during his first two years in office.Before you cast arrows at him,let's see how he performs in the next two years,and the electorate will decide.

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Tim

2:46 pm on Friday, September 14, 2012

This is why folks like Buck Harmon and myself keep harping on the need for true campaign finance reform.
Elections need to be much less about who's got the money, and more what have (or can) they do for the people.

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Joe

10:19 am on Saturday, September 15, 2012

Anyone should be able to any amount to anyone they please. ALL contributions then should be TAXED at the highest individual rate and MUST be posted on a website with the amount the name of the contributor.

The tax would amount to hundreds of millions of dollars a year and could be used for any number of programs. Maybe even a program that the Pentagon follows that will assure that EVERY ONE of our military personnel's actually get a chance to vote and have their votes count.

RARE MARYLAND INDEPENDENT

10:47 pm on Friday, September 14, 2012

Reminds me of Rodney Dangerfield in Caddyshack when he handed the judge of the tournament money and said "keep it fair, keep it fair."
Maybe he has evolved - go figure.

Steve's comment is hilarious - but true!

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moe green

7:31 am on Saturday, September 15, 2012

the U.S. attorney should open an office in the county office bulding. easier to question all the players there.

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Buzz Beeler

10:05 am on Saturday, September 15, 2012

Well stated. I'm not sure they know the address though.

Buck Harmon

7:43 am on Saturday, September 15, 2012

I would love to hear David Marks take on the need for campaign finance reform...he seems to be playing on both sides of the greed driven developer fence at this point.
Perhaps Bryan Sears will attend this event in search of answers. Does the press have to make a donation to be able to attend?

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Bryan P. Sears

8:40 am on Saturday, September 15, 2012

Buck: Typically, journalists are barred by either ethics or the rules of their employer from making donations to political candidates and their campaigns. Reporters do attend fundraisers without paying but are also generally barred from partaking in the food or drink served at the event. Candidates usually allow the press to attend because they don't eat, don't take up much space and given that everything gets reported anyway, there's no reason not to allow the press into the room. I've only been stopped from entering a fundraiser once in 15 years and that was by a councilmember who is no longer in office.

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Bart

9:00 am on Saturday, September 15, 2012

Oh, man, ........not even a crab ball?

Robert H.

1:16 pm on Saturday, September 15, 2012

Joe, political contributions are already POST TAX DOLLARS. Plus as the Supreme Court has decided in the Citizens United case political contributions are tied to freedom of speech therefore taxing it would be highly unlikely and probably deemed unconstitutional. And, this magical website you speak of where Contributors are listed, it already exists. Check out the Maryland State Board of Elections.

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Buck Harmon

7:45 pm on Saturday, September 15, 2012

Maybe corporate donations could be forced to pay a high tax on donations as a start to campaign finance reform. Billions will be spent on negative campaign adds during this election cycle alone....that kind of money could go a long way to improve portions of the economy but will be totally wasted on idiots bashing the hell out of each other with carefully crafted lies...

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Joe

10:03 pm on Saturday, September 15, 2012

You totally misconstrue my post. Taxes as usual are paid by the receiver of the good not the supplier. The taxes are paid by the politicians as a cost of doing business.
Just like they tax everything you and I do! Its just another tax.
And if I was speaking about as you call "this magical website" as if I am dreaming, how magic could it be if as you also say it already exists? Who's dreaming?

Michael Middleton

11:09 pm on Saturday, September 15, 2012

If the Councilman were active in appeasing developers, I could see an argument here. Instead, I've seen Marks severely limit or restrict development through zoning initiatives throughout the county, something I'm sure his opponents in the previous election would not have been so quick to accomplish. Downzoning hundreds of acres does not seem like the action one would take if one were trying to appease developers - I know a developer in my neighborhood who is not pleased at the moment as the property he owned was downzoned.

For now, it's a fundraiser. I don't believe it's an about face or a sign of things to come. Hopefully it provides a fair amount of money to support his next campaign, as I'd like to see him back in office after his next election.

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Paul Dongarra

8:15 am on Sunday, September 16, 2012

Michael, do you know the log of issue number to the downzoned parcel that you are referring to? I would really like to verify your claim? I'm curious because in district one, Tom Quirk has claimed that he has downzoned 42% of the acreage before him yet all of that land was owned by the County, DNR, or MD Parks and Forest. Only a small portion was privately held by a hoa, another an individual (Both in open space easements) In all cases, none of the land was under threat from development. Briefly looking at the CZMP map and some of the parcels that were before Marks, many acres appear to be the same: county or HOA owned. As for the general consensus for the need for campaign finance reform, the way to make this happen is to elect a 5 member super majority to the council so that we can strip away the unilateral power of the councilpersons. Require their land use decisions to follow metrics that adhere to all aspects of the Baltimore County Master Plan. Only then would there be no point to developers making their bribes...oops I mean campaign contributions.

Buck Harmon

7:48 am on Sunday, September 16, 2012

Of course, "for now it's a fund raiser". These guys see Marks as a long term politician because of the good stuff described by supporters on this particular blog. Guys like the Smith clan have grown up playing and profiting from both the real estate development and the political game...it's in their blood...we won't see, or feel the results of "payback" for years to come, but the "Marks'er" will for sure be there.
Marks is the hen in the fox house with the need for this type of fund raiser...I would expect better from him.

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Buck Harmon

7:50 am on Sunday, September 16, 2012

I might also add that the Smith clan has always played an active role in the corrupt court system.

Meg O'Hare

4:46 pm on Sunday, September 16, 2012

I am so disapponted both personally and as a community leader. Taking money from Guildea and Smith is far from independent behavior.

Of all of the people to accept money from, l would never have guessed that Councilman Marks would accept campaign funds Smith, Gildea, Schmidt lawyers. Smith and Guidea (and the other partner Larry Scmidt) represent the old Baltimore County way.

Larry Scmidt is the other partner whose is not named as part of the fundraiser probably because he is the current Board of Education President. Mr. Schmidt was the Baltimore County Liquor Board Chair for 13 years and then a Baltimore County Zoning Commissioner and is now controlling the Board of Education. This seems like it is too inbred of a relationship with Baltimore County government.

Jim Smith is also in that law practice and I would never have thought that David Marks would be associated with him politically.

I do not want to see David Marks transformed by Baltimore County's "good ole boys" into a politician who strives to keep things in Baltimore County the way they were.

David Marks has done some fine things for the Community of Carney. I just cannot believe he will take money from this group right in my own neighborhood at Bowman's in Carney.

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Buzz Beeler

8:16 am on Monday, September 17, 2012

One big happy family, and a wealthy one at that.

Meg O'Hare

5:31 pm on Sunday, September 16, 2012

I am going to talk to Councilman David Marks to get the details on this fundraiser. He has always been truthful with me.

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Steve williams

9:41 pm on Sunday, September 16, 2012

Oh thank the lord the savior of all Baltimore county will get to the bottom of all of this.Puleese don't do us any favors. Remember you were part of the robo bob regime so get off the holier than thou soapbox.While your at it why not review the $7 million mistake at Milford Mill that was on your watch. You have zero credibility.

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Stark

11:08 pm on Sunday, September 16, 2012

The same David Marks you attack is the Councilman who blocked a convenience store (a High's or 7-11 I was told) from being built near the snowball stand on Joppa Road. And you know who he went against? David Gildea. So I think the Councilman is owed some thanks for that one, and the other good decisions he made in Carney. This guy is no pushover.

Buck Harmon

8:04 am on Monday, September 17, 2012

David Marks usually comments on threads that pertain to him....wonder why he is avoiding this one like the plague?

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