(4/1) A Maryland code has prevented Commissioner Michael McNiesh from serving ex-officio as Commissioner Liaison to the Walkersville Zoning and Planning Committee as appointed by Burgess Chad Weddle in the Fall of 2021.
Weddle said that he was not aware of Maryland Land Use 2-102 when he appointed McNiesh. The code requires "that all members of the planning commission of a local jurisdiction where there is a single local executive be appointed by the local executive and then confirmed by the Maryland legislative body," according to Weddle.
Weddle took responsibility for the issue, stating he had appointed McNiesh as past burgesses have done since he became a commissioner himself in 1996. "But, obviously, simply because we’ve done something in the past doesn’t make it legal because obviously the state law says it’s not," he said.
Since McNiesh’s appointment was not voted on by the Walkersville Town Council as is required by this code, it was invalidated. Weddle has since appointed Commissioner Gary Baker to act as liaison for the Planning and Zoning Committee.
In a March eighth Facebook post on his public page, McNiesh discussed the matter. "Instead of simply calling for a formal vote, he also informed me that he intends to appoint another Commissioner to take my place in this role. He has decided to make this adjustment while I am also out of town (in school until next week), and unable to address this issue in person or vote on it myself," McNIesh wrote.
In this post, he also encouraged Walkersville residents to contact Weddle and the town planner to voice their concerns on his behalf. However, Weddle said in the meeting that they don’t take public comment on appointments to boards. Instead, he read the names of those who did write to him to acknowledge their opinions.
At the March 9 Town Meeting, Weddle defended his actions, citing his desire to fix an "illegality."
"Once I was aware of an illegality, it’s our duty to fix said illegality as soon as possible," Weddle said.
Weddle went on to say that he is looking for diversity when he looks for a new appointment so that all perspectives are heard. However, he thinks Baker would work well on the Planning and Zoning Committee citing his experience on that board.
McNiesh, who attended the meeting via telephone, clarified that he was not questioning Weddle’s integrity but rather considering there were easier ways to fix the issue at hand, such as by renominating him to the Planning and Zoning Committee. He also expressed concern that he was being "punished" for his opinion on growth.
Commissioner Michael Bailey pointed out that the votes for the new liaison are about deciding if the person is qualified and nothing else. "Here’s what it boils down to: growth vs no growth is divisive. It is incredibly divisive. We cannot go around and tarnish the reputation of fellow citizens who have a different opinion than us on growth."
Bailey also reminded citizens that the planning board’s "edits" still need to go through the Town Council. "Even if McNiesh is not on the planning board, he will have his day where he can submit edits," he said.
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