Mont. Co. Councilmember Dawn Luedtke Insists Council Does not Have Power to Remove Board of Education Members. Not one Councilmember Corrects Her. She was Wrong.

Montgomery County Council June 21, 2023 - Community Conversation - Weller Road Elementary School, Silver Spring

At the Montgomery County Council's Community Conversation on Wednesday, June 21, 2023, the County Council was asked about their power to remove Board of Education members from office. Councilmember Dawn Luedtke took control of the microphone and "answered" the question by saying the constituent was wrong about this power.

Councilmember Luedtke even went so far as to say the Board of Education's Handbook could be wrong on this issue. 

In fact, Delegate Dawn Luedtke was wrong. Very wrong.  Not only did she not know Maryland law with regard to the removal of Montgomery County Board of Education members but not one other Councilmember did either.  They all sat by as she insisted she knew the answer to this question. 

That means that even the Councilmembers who sit on the Education Committee have no idea that they have the power to remove Board of Education members from office.

What else don't Councilmembers know about their powers?  Maybe they should start reading the Parents' Coalition blog and learn about the powers that come with their elected positions.  

The question with Councilmember Dawn Luedtke's incorrect response:  

Delegate Dawn Luedtke's retraction of her incorrect response:

Montgomery County Council Education Committee members:

Removal of Montgomery County Board of Education Members

Under the Annotated Code of Maryland, Education Article, the following procedure is outlined for the removal of a Montgomery County Board of Education member.

 

(g)    (1) The Montgomery County Council may remove a member of the county board for:

            (i)    Immorality;

            (ii)    Misconduct in office;

            (iii)    Incompetency; or

            (iv)    Willful neglect of duty.

        (2)    Before removing a member, the County Council shall provide the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

        (3)    If the member requests a hearing within the 10–day period:

            (i)    The County Council promptly shall hold a hearing, but a hearing may not be set within 10 days after the County Council sends the member a notice of the hearing; and

            (ii)    The member shall have an opportunity to be heard publicly before the County Council in the member’s own defense, in person or by counsel.

        (4)    A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Montgomery County.

https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=ged&section=3-901&enactments=false

How to Remove a Member of the Montgomery County Board of Education

We've got some interesting times here in Montgomery County.

As this blog has reported, we now have several Board of Education members who have misused credit cards.  Recap - at a minimum, we have Barclay, Smondrowski, and Durso with numerous irregularities.  And the others?  We won't know until someone gives their expense reports a similar review. 

So, what happens next?  Are these legal?  Even if the expenses complied with existing policies, are the underlying policies legal?  

The Board of Education can have its members do some self-policing - a.k.a. the Ad Hoc Committee Meeting for Review of Board Processes and Guidelines on Board Expenditures, but really - that committee can't decide whether its subject to the Open Meeting Act, so they are going to do some self-reflection?  This group has convened one meeting out of the public eye - was the May 6 2014 meeting of the Ad Hoc committee a public meeting?  Its not on the calendar of BOE meetings. 

And, do the members of that Ad Hoc group come to the table with clean hands?  Not Mr. Durso, who already admitted to using his official credit card to pay for his spouse, because it is "easier" to do so.  

It's time for some serious action.

Where is the County Council and why haven't they stepped up to the plate?  We have a process in MoCo.

Under the Maryland Code, the following is the process for removing a Montgomery County Board of Education Member:

(g) Removal. --
   (1) The Montgomery County Council may remove a member of the county board for:
      (i) Immorality;
      (ii) Misconduct in office;
      (iii) Incompetency; or
      (iv) Willful neglect of duty.
   (2) Before removing a member, the County Council shall provide the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.
   (3) If the member requests a hearing within the 10-day period:
      (i) The County Council promptly shall hold a hearing, but a hearing may not be set within 10 days after the County Council sends the member a notice of the hearing; and
      (ii) The member shall have an opportunity to be heard publicly before the County Council in the member's own defense, in person or by counsel.
   (4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Montgomery County.

Md. EDUCATION Code Ann. § 3-901(g). 

Will this happen?  Unlikely.  Remember that Nancy Navarro, Craig Rice, and Cherrie Branson, three of our esteemed members of the County Council, stand behind their endorsement of Chris Barclay.  So does former council member Valerie Ervin, who still thinks she is a thought leader in the county.  We don't know where they stand on Ms. Smondrowski, but chances are, you can tell who her friends are by looking through her expense reports too. 

But - even if the County Council declines to take action, shouldn't the Board of Education members who are identified as taking public funds for their own benefit resign?  Why put the citizens (and voters) in the county through this process?

Those who have been found with their hand in the public coffers need to resign and restore dignity and faith in our public officials.  Our first class county deserves first class leadership.