UPDATE: Maryland Appellate Court Rules Against Executive Giordano in Charter Dispute; County Executive’s Office Calls Ruling Misleading
Additional Information from Wicomico County Council:
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 legislative 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 request 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 appointments. 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 expended through this unwarranted hiring and/or what measures of accountability need to be addressed 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.
Response by Office of the County Executive to what it refers to as the “County Council’s Misleading Statements”
WICOMICO COUNTY, MD – The recent press release issued by the Wicomico County Council
contains false and misleading information regarding the compensation of the Assistant Director
of Administration. The Council’s claims regarding the alleged “misappropriation of funds” and
“malfeasance” not only baseless but directly contradicted by the Appellate Court of Maryland’s
own opinion.
The court has clearly stated:
“….who has been serving as Assistant Director of Administration since June 26, 2023, is entitled
to his salary until the effective date of our mandate.”
The Court clearly ruled that the Assistant Director of Administration who has served in his role
since June 26, 2023, is entitled to his salary until the effective date of the Court’s mandate.
Any suggestion otherwise is a deliberate attempt to mislead the public.
Additionally, the Assistant Director of Administration formally submitted his resignation weeks
ago due to personal family obligations requiring his return to Pennsylvania. His departure was
entirely voluntary and unrelated to the Council’s theatrics. Yet, rather than acknowledging these
facts, the Council has chosen to engage in a political spectacle, wasting time and resources on
unfounded accusations rather than focusing on the needs of Wicomico County residents.
The County Council’s attempt to sensationalize this issue and mislead the public with
accusations of financial mismanagement is both irresponsible and deceptive. Instead of focusing
on governance and serving the citizens of Wicomico County with integrity, the Council has
chosen to engage in political grandstanding.
This unwarranted attack on an individual who served the county with integrity is both reckless
and disingenuous. We urge the Council to cease its misleading rhetoric and focus on governing
responsibly rather than manufacturing controversy and misleading narratives.
We urge the public to review the facts and the court’s opinion directly, rather than accepting the
Council’s misleading narrative.