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JANUARY 5, 2024
SERVING NORTHERN WORCESTER COUNTY
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MD GENERAL ASSEMBLY Legislators preparing for 2024 session set to kick off Jan. 10 in Annapolis – Page 13
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Assessed value hits high note Real property in Ocean City up over $4 billion since ‘21
TARA FISCHER/OCEAN CITY TODAY
PENGUIN SWIM The Worcester County community showed up in waves and plunged into the winter ocean to support Atlantic General Hospital on New Year’s Day in front of the Princess Royale Hotel. See story on page 8.
By Stewart Dobson, Editor and Hunter Hine, Staff Writer (Jan. 5, 2024) Property owners in the Ocean City tax district might be gasping for breath right about now, as the state assessment office this week reported that the new assessed value of real property in the resort has gone up by more than $4 billion since 2021. Because Maryland reassesses property every three years, and 2024 being Ocean City’s turn under the assessment office’s magnifying glass, the biggest factor in the assessment spike was the rapid escalation of home sale prices over the last three years. With limited housing inventory colliding with high demand for ownership of resort-area properties, Ocean City’s assessable base for residential properties shot up by 47.7 percent – from a tax base of $7.8 bilSee ASSESSMENTS Page 4
Father, son named 2A ‘Coach’ & ‘Player’ of year SDHS’ Jake and Brycen Coleman receive accolades for championship season By Tara Fischer Staff Writer (Jan. 5, 2024) The season of a lifetime just got better for Stephen Decatur High School’s state championship football team. After
being the first Bayside Conference team in 27 years to win it all, father and son Jake and Brycen Coleman have been named Maryland 2A Coach and Player of the Jake Coleman Year. The news came as a shock for the duo, who were at a team dinner when
texts of congratulations poured in, Coach Jake Coleman said. But it was not until Brycen checked X (formerly Twitter) and saw an excited Brycen Coleman running back sharing their Player of the Year status that they knew the stats were posted.
“My dad and I looked together and saw my name listed as Offensive Player of the Year,” the young football star said. “We scrolled further and saw that he was Coach of the Year. We all got up and were hugging each other. It was a great moment.” Jake that his job as a football coach extends beyond the fall. He believes it’s necessary to run and lift the See HISTORY Page 4
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JANUARY 5, 2024
Ocean City Today
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Ocean City Today
OC plan. comm. talks comprehensive plan Officials pitching ideas for updated document that guides future city zoning By Hunter Hine Staff Writer (Jan. 5, 2024) Tentative plans are set for the Ocean City Planning and Zoning Commission to have a joint session with the mayor and City Council in late February, when officials would have a chance to discuss updates to the city’s comprehensive plan. For the next few months, city planning staff will compile data such as population, hotel room counts and more to help guide and inform ideas that commissioners and council members could propose for the updated version of the comprehensive plan, said Bill Neville, the director of planning and community development, at a commission meeting on Dec. 19. Mayor Rick Meehan said he is eager to collaborate with commissioners on the plan at a council meeting, Neville said. The goal of each of the comprehensive plan’s updates is to identify the current form of the community, determine trends in the community, find how the city has changed since previous comprehensive plans were instituted and to ascertain what needs to be addressed in the future, Neville said. When the last plan was updated in 2017, city officials adopted minor changes that were phased in over a decade, he said. “This is either going to continue to be the town’s approach to the comprehensive plan, or, with this update, there may be something dramatic that both the planning commission and the council want to tackle as a topic,”
Neville said. Neville directed the planning commissioners to focus on the plan’s introduction, where they could suggest adding topics that could be expanded upon in later chapters of the plan. In previous comprehensive plans, the commissioners added sections about environmental change and created a city policy regarding sea level rise, Neville said. He urged commissioners to consider changes to help manage the tourism-based economy and event-heavy shoulder seasons. Neville said that housing would likely be a topic all its own. Unlike other cities, Ocean City’s comprehensive plan has to focus on “infill,” and recommendations should consider internal growth for the city since there isn’t space for external expansion, he said. Neville said that while the city has authority to change the zoning ordinance at any time, the ideal timeline is to create a comprehensive plan first so that there’s language that legally authorizes the zoning code. Commission member Joel Brous said that the commission should consider the increased demand for townhomes in the city. Commissioner Palmer Gillis later said that while he believes that townhouses are a great product, they aren’t implemented correctly and create pressure on public parking. Gillis has been outspoken on the city’s overloaded public parking, an issue he attributes to residences that lack an adequate number of off-street parking spaces. Gillis raised concerns over the resort’s practice of pyramidal zoning, a type of zoning where less restrictively zoned plots — like commercial proper-
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ties — are allowed to be used for things such as residences, which are normally directed to their own more restrictive districts. The outcome is mixed-use commercial and residential spaces, which Gillis said aren’t a good look for the city. He asked fellow commissioners if they should consider setting ratios for how much space can be used for residential versus commercial purposes in mixeduse zones. Commission Chair Joe Wilson said LC-1 local commercial districts seem to be the areas in question, since they also allow uses meant for R-3 general residential districts, like townhomes. Gillis also said that he’d like to eliminate the conditional use process for proposed mini-golf courses. Conditional use is a process that requires the applicant to go through a public hearing with the planning commission and then receive City Council approval — subject to specified conditions — before moving on to site plan approval. “Every time it comes before us it just seems like a lot of extra work for something that we’re all in support of,” Wilson said. Wilson suggested they remove the conditional use requirement from proposed courses in all commercial districts. Commissioner Janet Hough said
that while she thinks it’s okay to exempt most mini-golf course plans from conditional use approval, the process is appropriate for larger projects with amusements attached, like the ropes course at the new Nick’s Mini-Golf course. Wilson told Neville that he is anxious to move forward with a potential “Bayside Boardwalk.” The project has been part of previous comprehensive plans, he said. “I don’t know if there’s anything that we can do to strengthen [the Bayside Boardwalk] and support maybe potential future code changes that … require it or maybe something along those lines,” Wilson said Neville’s research for plan updates involves looking into communities similar to Ocean City to see how they handle local issues. Neville pointed out methods that officials from Rockville, Maryland, used in 2015 to develop ideas for their housing plan, such as using surveys and focus groups. Ocean City can follow suit to help determine how to measure housing in the comprehensive plan, or answer questions such as what kind of housing should be encouraged. “Each meeting, even if they’re just random thoughts, we can start to collect those and find a way to organize them in a plan update,” Neville said.
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Ocean City Today
JANUARY 5, 2024
Assessments for OC properties skyrocket Continued from Page 1 lion in 2021 to a base of almost $11.6 billion as of Jan. 1. Meanwhile, assessments on commercial properties also rose substantially, from $926.2 million in 2021 to $1.2 billion, a 32.5 percent rise in assessed value, according to the state’s new valuation tables. Year-round residents, however, will be spared much of the pain of this reassessment by virtue of the state’s homestead tax credit for owner-occupied properties, which in this county caps the increase in taxable assessments at 3 percent. In Ocean City, the cap is 0 percent, which means the taxable assessment will stay the same. Non-resident property owners and owners of commercial real estate would bear the brunt of the new assessment and any corresponding increase that might occur in the tax bill, depending on what the town of Ocean City and Worcester County do with their tax rates. Jennie Knapp, budget manager for Ocean City, said it’s too early for city officials to know how the reassessment of property values will affect property taxes, but that each year the city generally stays close to the “constant yield rate,” a state-calculated rate that shows what the rate would
HUNTER HINE/OCEAN CITY TODAY
The state assessment office this week reported that the new assessed value of real property in Ocean City has gone up by more than $4 billion since 2021, especially for properties on the water such as these just north of the Route 50 bridge.
be to keep the city’s property-tax revenue stream at or near the same as the year before. “I know that right now the city manager and the budget manager are meeting with department heads. We have to address the city’s needs for new equipment, for new employees, for new positions,” said Mayor Rick Meehan.
Depending on how the tax rates are set, the bills that property owners end up paying because of Ocean City’s new valuation could vary greatly. The city and county can bring the property tax rate down and still receive more revenue than years past. Currently, Ocean City’s property tax rate is slightly more than 45 cents per hundred dollars of assessed value, and Worcester County’s rate is 84.5 cents per hundred dollars of assessed value. Ocean City’s current property tax rate last year was set just above the constant yield rate, which was calculated at about ¢44.76 cents per $100, Knapp said.
In 2020, the city set the rate above constant yield, but before then the property tax rate was at or below constant yield since 2014, Knapp said. The new property value assessment doesn’t necessarily mean a tax increase for taxpayers not shielded by the Homestead Tax Credit, but it could if the city needs to offset expenditures, Knapp said. “We continue to look at additional ways to fund our infrastructure, including our street paving and some of those other … very vital improvements we make for the taxpayers each year,” Meehan said. The state’s constant yield rates for towns and counties will be sent to these jurisdictions in mid-February.
History made with designation Continued from Page 1 players daily, while also being careful not to overwhelm them, he said. The kids have friends and families, participate in other sports, and attend school. However, the field is a place of mentorship and remains so after the final touchdown of the season. As for his coaching style, “I just do me,” he said. “I try to be authentic and build relationships with the kids. I stay up on the modern game of football and how it evolves. We like to throw the ball and always find a better way. There is never one way to do anything.” Receiving the award together has been special and exciting for the Colemans. Brycen recalled that his dad almost placed him on the junior varsity squad his freshman year but relented when the offensive coordinator advocated for his spot on varsity. He also said that having his father to look up to and other coaches to learn from was necessary for his
growth. The Seahawks received even more acknowledgment since their championship victory in Annapolis when they were recognized as a top team in Maryland for sportsmanship. Delmarva Sports Now also surprised Jake with the Coach Who Makes a Difference Award and $500 on signing day. The Seahawks intend to put the money towards championship hats and T-shirts. Brycen is looking forward to joining the Vanderbilt Commodores. “I am excited to change another program,” he said. “We changed the Decatur program much faster than we thought, and I’m ready to go down to the SEC. Hopefully, I have a healthy and safe career.” As his son gets ready to graduate, Jake will continue to advance his career as a Seahawk. “I love that I’ve helped elevate Decatur football. There’s a lot of good people moving in the same direction,” he said.
JANUARY 5, 2024
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Ocean City Today
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36939 CREEKHAVEN DRIVE SELBYVILLE, DE 19975 • $835,000 Stunning 4BR/4.5 bath home in the Refuge at Derickson Creek hits the market! This meticulously maintained home backs up to the pond, has peek of the Bay and is located approximately three miles from Fenwick Island beach. As you walk through the front door you will immediately see the attention to detail. There is an upgraded kitchen with breakfast bar, Quartz countertops, beautiful tile backsplash, stainless steel appliances and plenty of cabinet space. The kitchen opens into the dining area. Friends and family will enjoy meals there together and will make memories that last a lifetime. The spacious family room, with a beautiful gas fireplace, is off the dining area and is a perfect gathering place for entertaining family and friends. There’s a wonderful, enclosed sunroom with a glass slider to the paver patio deck and beautiful back yard. There’s also a flex room on the first floor that could be used as an office. The primary bedroom suite is located on the first floor and is oversized and has a beautiful full en suite bath. You will enjoy the water views from your primary bedroom. The laundry room is also on the first floor. You will love the first-floor hardwood floors, tile, woodworking, upgraded lighting and upgraded carpet throughout. The hardwood floors continue to the second level. There is a spacious second family room on this level and there are three additional bedrooms all with en suite baths. This is the perfect home for everyone to enjoy. There is a two-car garage, covered front porch, and outside shower. Every room in this house has a view of the pond and a peek of the Bay. The Refuge is an amenity rich community with a large inviting outdoor pool w/separate wading pool for kids, a clubhouse with an exercise/workout room, tennis courts, basketball court, volleyball court and playground. In the Refuge you get to enjoy the scenic views and native wildfowl of Derickson Creek and the Delaware Inland bays. Come take a look today before it's SOLD! DESU2052970
733 BRADLEY ROAD • OCEAN CITY $3,200,000 Luxury 5BR/6BA/2HBA Bayfront home with pool hits the market! This luxury home has 145 feet of water frontage with direct bay views and offers southern exposure. As you walk in the front door of this lovely home you will immediately fall in love with the attention to details and upgrades throughout. An elegant foyer with marble flooring greets you as you enter with your eyes drawn to the beautiful Bayfront views and the swimming pool in the courtyard. On the first level you will find a kitchen designed for access in and out to the pool area with plenty of seating and room for entertaining family and friends. Also on the first floor, you will find a Bay front office or playroom for the kids. This home is complete with a home elevator so either take the spiraling stairs to the second level or take the elevator up to the second level. You will be mesmerized by the amazing Bayfront views and endless sunsets this home offers. There are 6 decks off the home for privacy. On the second level you will find a professional chef’s kitchen complete with large center island, high end appliances and plenty of cabinet space adjoining a beautiful, spacious dining room overlooking the bay. The family room is also complete with a gas fireplace for chilly winter nights, making this the perfect home for year-round living or a vacation home. Also, on this floor, you will find a second office, home theater room, or game room. On the third level you will enjoy waking up to the endless water views from your primary bedroom. The primary bath has custom finishes throughout with extensive tile work. The primary bedroom also has a fireplace for romantic evenings and relaxing. Also on this floor are three additional bedrooms, which are spacious and separated nicely from the primary bedroom. This home is over 6000 ft.² and is one of the few Bayfront homes available on the market. So, if you’re looking for a home at the beach, also offering all the thrill of the day with attention to detail look no further. Come take a look at 733 Bradley Rd. today before it’s sold! MDWO2014714
HERON HARBOUR ISLE HOME WITH BOAT SLIP
MID-TOWN 3BR/3.5 BA RIVENDELL CONDOMINIUM with WATER VIEWS! OPEN HOUSE SATURDAY 1-3PM
304 S. HERON GULL COURT OCEAN CITY • $1,499,900 This single-family 4BR/4.5BA home with deeded boat slip is located in the sought after community of Heron Harbour Isle. This beautiful home has an open floor plan with a spacious family room with a 2-story stone fireplace. The family room flows into the kitchen which has plenty of cabinet space, a center island, breakfast bar and additional storage. Off the kitchen is the dining area where you will love having meals with your family and friends. Off the family room and dining area there is a screened-in porch, perfect for relaxing and enjoying morning coffee. Off the screened-in porch is a deck with a barbecue grill for crab feasts and grilling your favorites. Also on the first level of this home is the spacious primary bedroom with walk-in closets and a large bathroom with shower and soaking tub. There’s also a study on the first floor making remote work possible in a nice quiet area. The first level also has another full bath, laundry room and a half bath. On the second level there are three additional bedrooms and two more full baths. This home has lots of room for everyone to visit and there’s also a bonus room over the garage which could be used as a fifth bedroom or game room. The home also has a wrap-around porch, two-car garage and a deeded boat slip. The seller belongs to the Heron Harbour recreation association, which has tennis courts, indoor heated pool, fitness center, sauna, Olympic size outdoor pool, and a kiddie pool. The home is located very close to restaurants, shopping, and the beach. Come take a look today. This home is being offered partially furnished and is ready for your immediate enjoyment. MDW02015676
RESIDENTIAL LOT
121 81ST STREET UNIT 706 • OCEAN CITY • $815,000 Stunning three-bedroom 3.5 bath condo at the Rivendell hits the market! This beautiful condo is being sold furnished and it's ready for your immediate enjoyment. You’ll be mesmerized by the waterfront views. You can actually watch both the sunrise and the sunset without ever leaving this condo. The kitchen is sure to delight the chef in your family with its granite countertops, custom cabinets and plenty of workspace. Off the kitchen is the family room and dining area where you will enjoy family meals and make memories that last a lifetime. The family room is great for entertaining and has a gas fireplace for chilly times in fall and winter. There’s also a wet bar for relaxing and having cocktails with friends. You can see the Ocean and Bay from the primary bedroom suite and the primary bath is luxurious with a tile Jacuzzi tub, shower and double vanities. The other two bedrooms are spacious as well and each have their own en suite bathroom. There is also a half bath off the family room. There’s a separate laundry room with washer and dryer and plenty of storage. Privacy is ensured with good separation between the primary bedroom and the other two bedrooms. There are large balconies where you can enjoy your morning coffee and a cold drink in the evening. The Rivendell has an indoor pool, outdoor pool and a fitness center, and the Hobbit restaurant is located in the building as well. This condo is located in Midtown on 81st St. and there is a traffic light at the intersection so crossing the street is very easy. There are plenty of stores, restaurants and shops in the area. There is a parking garage and secure access to the building. Come take a look today and make this beautiful property yours. This is a non-rental building so you will make friends and know your neighbors. MLS MDWO2017698
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WATERSIDE DRIVE BERLIN • $475,000 Are you looking to build your dream home? Look no further than this beautiful residential lot in the community of South Point Farms. This beautiful building lot is in a prime location on the corner with beautiful bay views. The lot is approximately 2.76 acres and it’s located off 611 in Berlin Maryland. At the entrance of South Point Farms is a public boat ramp and public pier with water access for boating fishing, crabbing, paddle boarding, and kayaking. If you are looking for a peaceful, tranquil location with unbelievable Bay views this is the prime spot. There are multiple world-class golf courses close by and Assateague National and State Park as well for days on the beach. No builder tie in required. Come take a look today and enjoy the good life on South Point Farms! MDWO2014122
34862 WEST LINE RD SELBYVILLE, DE • $3,900,000 Commercial Site in Prime Location hits the Market! 2.36 acres on the corner of RT 54 and W. Line Rd in Selbyville DE. This location is directly across from Yellowfins Restaurant and shopping center on heavily traveled Rt 54. The location is approximately 3-4 miles to the beaches of Ocean City & Fenwick Island. It has water and 8' sewer main that will supply a hotel, shopping center, office complex, medical center, professional center, etc. Lot is cleared. Buy it Now Before It's SOLD!!! Owner Financing is available. MLS DESU184528
OCEAN 2 BR/2BA CONDO OPEN HOUSE SATURDAY 10AM-NOON
1 66TH ST UNIT 101 • OCEAN CITY • $499,900 Stunning 2BR/2BA condo one back from the beach hits the market! This condo is located on 66th street in an ocean block building. The sellers have made many recent upgrades, installing luxury vinyl plank flooring throughout, new microwave, new refrigerator, new stove, new dishwasher, new exterior HVAC unit, toilets and kitchen faucet within the last three years. The decks also were tiled in 2019 and the glass sliders leading to the deck were also replaced within the last five years. This would make a great second home or investment property and is being sold fully furnished and ready for your immediate enjoyment. This is one of the best values at the beach - fully furnished and only one back from the ocean. As you walk through the front door, you will see an inviting living room for entertaining family and friends. There is a dining area off the kitchen with glass sliders leading to a huge covered deck with recently tiled floor. You can hear the waves break from the deck. This is a first floor unit but it's an elevated building so the height off the street is equivalent to a second floor unit. This condo has two large bedrooms and two full baths so there's plenty of room for family and friends. The condo is in walking distance to many restaurants, stores, shops and a supermarket, so once you're here you don’t have to move your car, but the condo is conveniently located to the route 90 bridge, making coming and going a joy. Come take a look today before this amazing property is sold. This condo association is well managed by Mann Properties. MLS MDWO2016172
COMMERCIAL
32474 LIGHTHOUSE RD SELBYVILLE, DE • $7,900,000 Prime commercial location in Selbyville of 10.09 acres. This is a rare commercial development opportunity on the busy intersection of Lighthouse Sound Rd. (Route 54) and Hudson Rd. There are already many existing new homes surrounding this property and more than 3,200 additional homes are coming soon. This is the perfect location for a shopping center, multiple smaller retail businesses, and/or medical or other professional offices to serve these homes and the entire Selbyville, Bayside, Fenwick, Ocean City area. The Seller will finance up to 70% of the purchase price at 1 percent below the current prime lending rate for up to 5 years. The property is located 8 miles from the beach! DESU2044978 THIS HOME IS A SHOW-STOPPER!
10615 POINT LOOKOUT ROAD • OCEAN CITY • $5,599,900 JUST REDUCED! $4,899,900 Custom 6BR/6BA/3HBA/ new construction west facing bayfront estate designed and built by David Bradley of Bradley Construction w/ views of both Assawoman Bay and skyline from the property’s L-shaped pool and swim-up bar. Features exceptional craftsmanship w/astute attention to detail, custom finishes/woodwork, and architectural details. A welcoming orange crush bar made w/Port Rush quartz and 1st-floor Den/bedroom ensuite complete w/Murphy bed. Expansive family room has a wall of windows and glass sliders overlooking the bay. Gourmet chef's kitchen just off family room includes plenty of bar seating w/endless bay views. Kitchen boasts GE monogram ss appliances including 6-burner gas range, expansive center island, custom farm sink, w/vegetable sink, hone marble and quartz countertops. White custom Fabuwood cabinets w/undercounter lighting, appliance garages and custom pull outs for easy storage. Floating shelves in kitchen made w/reclaimed wood, and a designer tile backsplash. An expansive butler’s pantry, mud room w/custom shelving, laundry room, half bath on the main floor. White oak stairs, and custom-made glass elevator. 2nd floor spacious ensuite Bayfront bedrooms, each w/its own private balcony. A 4th ensuite bedroom which has been designed as a bunk room w/custom bunk and trundle bed complete w/a port hole. A coffee bar, refrigerator, and full-size laundry on 2nd floor. 3rd floor primary bedroom ensuite w/bay views, cathedral ceilings, turret cupola, coffee bar, fireplace, exquisite tile work, two enormous closets w/wood detailing and shiplap, and expansive covered porch. Primary bath has insulated tub w/jets and faces the bay w/a 6’x6’ circular Anderson window. Bonus room w/soaring ceilings and cupola; separate refrigerator, bar seating, a private deck, half bath, and laundry. A saltwater pool and spa, cabana area complete w/2 outdoor TVs, 2 refrigerators, custom cabinetry/countertops, fire pit area, permits for three lifts and a transient boat, a 50ft pier, dock and ramp. Parking for 6 cars. MLS MDWO2012190
THINKING OF BUYING OR SELLING? LET'S CONNECT TO BEGIN THE PROCESS TODAY! The property information herein is derived from various sources that may include, but not be limited to, county records and the Multiple Listing Service and it may include approximations. Although the information is believed to be accurate, it is not warranted and you should not rely upon it without personal verification. Real estate 2024 Coldwell Banker Real Estate LLC. All Rights Reserved. Coldwell Banker Real Estate LLC fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Operated by agents affiliated with Coldwell Banker Residential Brokerage are independent contractor agents and are not employees of the Company. ©2015 a subsidiary of NRT LLC. Coldwell Banker, the Coldwell Banker logo, Coldwell Banker Previews International and the Previews logo are registered and unregistered service marks owned by Coldwell Banker Real Estate LLC. 10771BALT_07/15
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JANUARY 5, 2024
Ocean City Today
Washington Post-OCPD lawsuit makes news Attorneys respond to metro daily’s latest story on quest for records on use of force By Mallory Panuska Ames Managing Editor (Jan. 5, 2024) A legal fight between The Washington Post and Ocean City Police Department over three of nearly 30 requests for records involving the department’s use of force and “internal reviews” of incidents made headlines in the metro daily last week as a February motion hearing approaches. On Dec. 19, 2022, the Post filed a lawsuit against the city’s police department seeking access to records under the Maryland Public Information Act. The filing came on the heels of the Post’s spot coverage of several arrests involving teens on the Boardwalk in 2020 and 2021. Snippets of viral videos showed resort officers violently tasing and detaining Black teenagers for vaping, and caught the attention of the Post, as well as highranking political officials and other national news organizations. Following the incidents, Washington Post reporter Steve Thompson submitted 27 requests for documents and data from the department in-
volving police use of force, and internal affairs and investigations files between June 2, 2021 and May 9, 2022. According to the Post’s latest article, published Dec. 28 and written by Thompson, “the town has complied with most” of the requests. The article said, however, that the town “has declined to release certain records related to officers’ use of force, including those that could show how officers involved in highprofile incidents were cleared of wrongdoing.” The article detailed two incidents in 2021 that led to the lawsuit, and stated that the public has waited more than two years to access records explaining how Ocean City police officials concluded the use of force was reasonable. According to a motion for summary judgement the city filed at the beginning of December, there were an estimated 1,687 use of force incidents by Ocean City officers in the department’s online reporting system between Jan. 1, 2016, and May 2023. The filing said that in an estimated 36 instances, the department’s office of professional standards was notified “that an officer’s reported use of force incidents within a particular time period have reached a threshold
FILE PHOTO/OCEAN CITY TODAY
Crowds walk along the Boardwalk during Fourth of July weekend. Controversial arrests Ocean City Police officers made in 2020 and 2021 have made it back into national headlines lately as a hearing on a lawsuit The Washington Post filed against the department in December 2022 regarding a public record request approaches.
for further review.” However, according to the filing and an affidavit from Police Lt. Frank Soschia in support of the summary judgment motion, the notifications and subsequent review and conclusions of the incidents officers’ use of force “are not records of administrative or criminal investigations of misconduct, internal affairs investigatory records, hearing records, or records relating to any disciplinary decisions.”
Soschia contended in the affidavit that the records constitute personnel records of involved officers under the public information act, “since they are part of the Department’s review of the performance of officers in regard to use of force.” In turn, attorney Bruce Bright, who is handling the litigation for the city, said the names of the officers involved in the specific incidents that the Post reporter requested are not See HEARING Page 7
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Ocean City Today
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Hearing set in Feb. on three of 27 inquiries Continued from Page 6 public record. “Because what our position is, with the office names included, it converts that record to a personnel record and personnel records are not obtainable. They are not disclosable statutorily under the public information act,” Bright said. The latest Post article does not reference any of the explanations or responses to the records request as detailed in the court documents. The court documents also said that the classification of the records as personnel files does not fall under the requirements of Anton’s Law, which Maryland legislators passed in 2021 in an effort to create more transparency regarding police activity across the state. The legislation amended the state’s public information act to exclude records related to internal affairs investigations, hearing records, and records relating to disciplinary decisions. “In determining how to handle and respond to the subject MPIA requests from Thompson, the Department was fully cognizant of this change in statutory law and has endeavored throughout to be fully compliant with such change,” the summary judgement motion said. Bright also pointed out that
Thompson requested a video from an incident on the Boardwalk in 2020, which city officials offered with faces of individuals not involved in the altercation redacted. Bright said Thompson contended that he wanted the non-redacted video. “We have always been willing to turn over video in redacted form,” Bright said. The documents, and city legal officials, also pointed out that just three of the public information requests, of the 27 Thompson filed, were denied, which was not detailed in the Post’s article. “Most of them, or many of them, were multiple parts it wasn’t just
[Thompson] asking for one record, it was him asking for several things,” City Solicitor Heather Stansbury said Tuesday of the requests. “And the town spent an inordinate amount of time and man hours complying with the majority of those requests,” she continued. “It’s just three that the town is trying to make sure that we don’t violate the law. So we await the court’s decision on this. To the extent the article depicted the town was somewhat maliciously or uncooperatively withholding this, that’s just not the case. It’s just we do not believe the law supports handing over these particular reports.” Bright added that in his opinion,
the Washington Post article left out some crucial details. “It was a one-sided characterization of what’s at issue in the case,” he said. “Steve Thompson wrote the article, he’s the driving force behind the Washington Post’s position in all of this. He wrote it, I think, from the perspective of the Washington Post’s position and what they would want to have happen. It was clearly written to characterize the Washington Post’s position on what is a legal dispute.” The Post also filed a motion for summary judgment. A hearing on the motions is set for Feb. 16 in Worcester County Circuit Court.
No open discussion on litigation By Mallory Panuska Ames Managing Editor (Jan. 5, 2024) Despite going on for the last year-plus, active litigation such as the The Washington Post’s current quest for public records from the Ocean City Police Department has not come up during public comment periods of any city meetings. The lawsuit, which was filed in December 2022 and awaits a motion hearing in February, is one of several
the city has been involved in over the years. However, unlike some council issues, city officials have said the open litigation aspect keeps it from the public spotlight. “We are allowed to enter into closed session to discuss pending and active litigation,” City Solicitor Heather Stansbury explained this week. “So, because this matter [the Washington Post lawsuit] is just that, so far, there has not been the ability to discuss it in public.
There are certain issues in the case and sort of litigation strategy that we would not want released to the public.” City Council members enter into closed session before nearly every public meeting. Matters such as pending or potential litigation, personnel, privacy or reputation, legal advice, collective bargaining, cybersecurity, public security, real property acquisition, and more, can legally warrant discussion See PUBLICIZING Page 8