Southern Maryland News

Document states legal fees paid to former commission­er

Current commission­ers ignored opinion of past county attorney

- See FEES Page A9 By MICHAEL SYKES II msykes@somdnews.com

Confidenti­al documents obtained by the Maryland Independen­t indicate that the current Charles County Board of Commission­ers paid reimbursem­ents for legal fees to a former county employee and former county Com- missioners’ President Candice Quinn Kelly between December 2015 and February 2016.

Two check orders made out to Kelly and Rebecca Bridgett, former county administra­tor, totaled $39,624 with Kelly receiving $26,688.83. Bridgett, who is now the county administra­tor in St. Mary’s, received $12,935.17.

In a legal opinion, former acting county attorney Elizabeth Theobalds

said Kelly was not eligible for legal reimbursem­ent because fees were incurred in connection with an in- vestigatio­n initiated by the county. Bridgett’s claim, upon review, was also ineligible for considerat­ion of reimbursem­ent.

“There is only one prior occasion in which attorney’s fees were reimbursed to an employee,” Theobalds said in the opinion. “The cir- cumstances were distinguis­hable in that the authority for reimbursem­ent was found in the bylaws of the commission in which the acts were alleged to have occurred.”

The fees were requested after a criminal investigat­ion into Kelly’s request for the W-2 tax forms of former Commission­ers’ Vice President Reuben Collins. Kelly was never charged with any wrongdoing.

In December 2011, according to testimony of county employees, Kelly, who was commission­ers’ president at the time, instructed a county employee to retrieve Col- lins’ tax returns. The grand jury testimony shows that then-county administra­tor Bridgett reinforced Kelly’s directive when the em- ployee was initially rebuffed by the county payroll office. Kelly ultimately went uncharged with any crime. Under federal law, tax informatio­n is considered private and may not be disclosed without that person’s consent.

In total, Theobalds’ opinion states, the county received three requests for legal reimbursem­ent from Kelly, Bridgett and Scarlett Mower, who was the former director of Citizens’ Liaison for the county. But according to the check orders, only Kelly and Bridgett received any reimbursem­ent from the county.

The Maryland Independen­t reached out to the county attorney’s office through the county’s public informatio­n office, but because the memo is a confidenti­al legal opinion released without authorizat­ion, the county attorney declined to comment.

Later in Theobalds’ opinion, she said Mower was not eligible for considerat­ion as the fees were not incurred in connection with an investigat­ion or inquiry.

The Maryland Independen­t reached out to Charles County Commission­ers’ President Peter Murphy (D) to request comment, but he said he was unable to comment because of the legality of the matter.

Both Commission­ers Ken Robinson (D) and Debra Davis (D) also said they were unable to comment on the matter because the document is a legal matter. Legal matters are handled in closed session by the county.

Kelly declined to comment when approached by a reporter. Bridgett did not return calls for comment.

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