Baltimore Sun

Attorney general asked to weigh in on potential ouster of councilwom­an

Baltimore County’s charter says council members must live in district; Bevins moved into home outside boundaries

- By Taylor DeVille

Baltimore County Executive Johnny Olszewski Jr. has asked Maryland’s top lawyer to weigh in on who may remove a sitting council member from office if they run afoul of local law.

The inquiry comes after Councilwom­an Cathy Bevins moved into a home she and her husband purchased in Perry Hall, outside the boundaries of her 6th District, which encompasse­s Middle River, Overlea and parts of Rosedale and Parkville. Baltimore County’s charter says council members must live in the district they were elected in for two years before election and during the course of their term.

Bevins said she is now renting an apartment in Middle River to stay in compliance with the county charter after signing the deed for the Perry Hall home at the end of July.

In a letter addressed to Attorney General Brian Frosh and obtained by The Baltimore Sun, Olszewski, a Democrat, asked the opinion of Frosh’s office on two legal issues currently facing the county: Who determines what constitute­s a “residence change,” and who may take action should a council member be found to have violated the county charter?

“The Charter and County Code do not specify who determines what constitute­s a residence or when a residence has been changed, which makes it seem that neither I, as County Executive, nor the County Council has the authority to make a determinat­ion,” Olszewski wrote in the letter.

And even if local law was explicit about who holds such authority, Olszewski wrote that it’s unclear what enforcemen­t provisions would be “pertaining to technical or substantiv­e violations of the residency requiremen­ts” and who should impose them.

The law doesn’t “specify who can declare a vacancy if a Councilmem­ber moves from his or her residence, or who can remove a Councilmem­ber from his or her office if a vacancy has been found to exist,” he wrote.

The letter seeks to clarify provisions in county law that broadly empower the executive to enforce state and local law within the county.

Asked whether Olszewski is preparing to take any action regarding Bevins’ move, spokesman Sean Naron said: “The county executive remains committed to fully enforcing all local laws.”

Bevins, a Democrat, moved outside her district after she said the council’s legislativ­e attorney erroneousl­y told her she could do so.

Bevins said last month that she had changed her address with the Maryland Department of Assessment­s and Taxation to reflect that her primary address is the Middle River apartment and not the Perry Hall home. She also requested an address change through the U.S. Postal Service. She’s said she’ll remain in the apartment for the remainder of her term, which ends in 2022, and that she plans to run for reelection.

Bevins said she had her name added to the apartment’s lease, which was originally signed by her son. She has not yet changed the address on her driver’s license, but plans to do so, she said.

As of Monday, the Baltimore County Board of Elections has not yet been notified of an address change, although the elections board said it typically takes up to two months to receive such informatio­n. The board is notified automatica­lly of address changes that update voter registrati­on informatio­n through a multistate electronic voter registrati­on database, which showed that Bevins moved to Perry Hall in July, but did not update her voter registrati­on informatio­n until September.

At least one county resident has filed a complaint about the move with the county’s Inspector General’s Office.

Raquel Coombs, a spokeswoma­n for the attorney general’s office, declined to comment and said opinions “take months of research.”

Asked about the letter Monday, Bevins

said: “It is what it is.”

“I’ve been as transparen­t as I can be,” she said.

Bevins said she has had two interviews with Inspector General Kelly Madigan regarding the home purchase. She said she tries to split her time between the apartment and her Perry Hall home, where her husband lives.

“I’m still working for the public every day. That never stopped for one moment,” she said. “I have no plans to resign — I have too many projects that are in the works right now.”

Some county residents have been calling for Bevins’ resignatio­n.

But Jim Hock, president of the Bowleys Quarters Improvemen­t Associatio­n within the 6th District, said the issue’s been “blown way out of proportion.”

“I’m concerned about how someone performs doing their job and how they help our community; not whether or not they moved a few miles outside of that community,” he said.

 ?? BALTIMORE SUN MEDIA FILE ?? Baltimore County Executive Johnny Olszewski Jr. has asked the state attorney general to weigh in on Councilwom­an Cathy Bevins moving into a home outside her 6th District. She said she’s also living in an apartment in the district.
BALTIMORE SUN MEDIA FILE Baltimore County Executive Johnny Olszewski Jr. has asked the state attorney general to weigh in on Councilwom­an Cathy Bevins moving into a home outside her 6th District. She said she’s also living in an apartment in the district.

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