Mayor to ask for ethics
opinion about county commissioner

By James Rada Jr.
News Editor

THURMONT, Md. – Thurmont Mayor Martin Burns is planning on asking for an ethics opinion from the Frederick County Ethics Commission on County Commissioner Kai Hagen’s voting as a commissioner on the Myers Farm annexation, after expressing his opinion at a public meeting and voting on the issue as a planning commission liaison.

I don’t feel Kai Hagen is being overtly unethical,” Burns said. “I am looking for a clarification as to whether there is a conflict of interest.”

Besides the positions Hagen has taken on the Myers Farm annexation, Burns also has concerns about Hagen’s involvement with the Frederick Regional Action Network after his election and other advocacy groups in the county.

“I don’t think I’ve said anything or even had any thoughts that would keep me from rendering a fair and impartial judgment on a point of law,” Hagen said. He said what Burns is really complaining about is that a county commissioner is weighing in on a town issue.

Burns says that a 1997 Maryland Attorney General’s opinion on a similar situation in the City of Frederick and Thurmont’s town attorney letter of caution to members of the town’s planning and zoning commission indicate that there could be a conflict of interest in this situation.

“They both say a person should be have a fair and unbiased hearing when it comes before the commissioners,” Burns said.

Burns said this is not an attack on Hagen. He supported Hagen during the recent election and appeared in Hagen’s campaign ads. Nor is it an attempt to gain a vote of approval by disqualifying Hagen. Burn doesn’t believe that Hagen’s vote will change the outcome of the county commissioner’s role in the annexation request, which is to determine consistency between the developer’s proposed zoning and the current county zoning on the property.

The issue is one of perception and seeking clarification on the issue. Burns had asked Hagen to request the opinion on his own, but Hagen chose not to do so.

“I checked into it and I don’t think there’s any validity in it,” Hagen said.

Hagen said he had done nothing wrong. Nor had he said anything involving the case that wasn’t a fact.

“If he’s so sure I’m wrong, then ask for the opinion,” Burns said.

However, Hagen said he doesn’t know what question Burns would want him to ask. Since the issue was still unresolved with Burns, he was left with no choice but to seek the opinion himself.

“A mayor has asked a county commissioner to ask for an advisory opinion and he has refused,” Burns said. “The responsible thing should have been to request it. The most disappointing thing is that this even borders on arrogance.”

He said you can’t have other officials and individuals expected to abide by ethics regulations and allow the county commissioners to make their own determinations on what is ethical. Hagen said he isn’t trying to do that.

“I have been civil in my discussions and thorough in my research. I have encouraged people to attend meetings and participate. I’m proud of that and stand by that,” Hagen said.

Hagen said he has not asked Burns not to ask for an opinion.

“Marty and I have a point of disagreement,” Hagen said. “In the end, either I will ask the question or he will, but it will get answered.”