The Appellate Court of Maryland has issued an opinion in favor of the Wicomico County Council in the case County Council of Wicomico County, Maryland v. Julie Giordano, No. 2146, September Term 2023. The opinion provides critical clarification regarding the interpretation of Section 315(A) of the Wicomico County Charter, which governs the confirmation of executive appointments.
This appeal arose from a dispute between Wicomico County Executive Julie Giordano and the Wicomico County Council concerning the appointment of an Assistant Director of Administration. The County Executive had argued that the candidate was confirmed through Council inaction, while the Council maintained that no formal submission or request for confirmation was made in a legis-lative session of the Council, thereby rendering the appointment invalid. Subsequently, the Council also defunded the position pending proper submission and approval of a qualified applicant.
In its ruling, the Appellate Court held that, under Section 315(A) of the Charter, the County Executive must formally name a candidate for any position requiring Council confirmation and must re-quest action by the Council at a Council legislative session. The Appellate Court determined that since the County Executive failed to follow this required procedure, the candidate was not deemed approved by inaction. As a result, the Court determined the Council acted within its authority in deleting the budget item for the position until a candidate was properly submitted and confirmed in accordance with the Charter, and as originally asserted by the County Council.
In 2016, the Wicomico County Charter was amended to include the phrase “at its Legislative Session” in Section 315(A), specifying the procedure for Council confirmation of executive appoint-ments. This amendment was proposed by the County Council and approved by voters through a ballot question drafted and certified by the County Attorney.
The Fiscal Year 2025 salary for the Assistant Director of Administration is $132,300; and the term of employment of the individual in question was one year and eight months.
The Council will now have to determine what measures, if any, will need to be taken on behalf of the citizens of Wicomico County for consideration of recapturing any misappropriation of funds ex-pended through this unwarranted hiring and/or what measures of accountability need to be ad-dressed if there has been a misappropriation of funds or any similar malfeasance.
The Wicomico County Council appreciates the Appellate Court’s thorough review and decision, which upholds the proper procedural process for executive appointments under the Wicomico County Charter. The Council remains committed to ensuring transparency, adherence to the rule of law, and accountability in county governance.
