Smithsburg Officials’ Invite to Private Suite at Baseball Game Raises Ethics Concerns

SMITHSBURG, MD News (6/5/2024) – The recent attendance of Smithsburg Mayor Donald Souders and Councilmember Jim Fritsch of a Hagerstown Flying Boxcars baseball game may have serious ethical and legal considerations, as the tickets appear to have been provided to Souders and Fritsch by an employee of Antietam Cable during a period of time where crucial decisions are being made by the town council regarding Antietam’s franchise agreement.

UPDATE 7/1/2025 – This article was updated on 7/1/2025. After an official complaint was filed and investigated, it was found that there was no ethics violation as the tickets were not found to exceed a value of $20.00 or be intended to influence Smithsburg business dealings with Antietam Broadband. More information in our updated article.

Editor’s Statement: I am very happy to hear that no ethics violation was found against the mayor, and that the tickets were not found to exceed the permissible $20 value. We look forward to working with Mayor Souders and the Town of Smithsburg in our upcoming efforts to provide positive, community focused news for the town. One of the primary missions of any news outlet world always be to shed light on government activities which need further attention. In this case the system worked exactly as it should – a concern sent to us was brought to light, investigated, and properly addressed through the correct measures.

On May 29, 2024, Smithsburg Mayor Souders shared a Facebook post featuring photos of himself and Councilmember Fritsch attending a Hagerstown Flying Boxcars baseball game. The post expressed their enjoyment of the game and acknowledged the presence of various students and staff from Washington County schools, including Old Forge Elementary School’s Principal Andrew Kaetzel. The post concluded with a thank you to Susan Grimes for the tickets and the opportunity to visit the new ballpark.

According to her LinkedIn, Susan Grimes is an Enterprise Account Executive at Antietam Broadband, the local cable television and internet provider for Smithsburg. This connection has raised questions about a potential violation of the Smithsburg Ethics Ordinance, specifically Town Code § 33-5H, which governs the solicitation and acceptance of gifts by town officials and employees.

According to § 33-5H:

• A “gift” is defined as the transfer of anything of economic value without adequate and lawful consideration, excluding political campaign contributions regulated under state or local election laws.
• Officials and employees are prohibited from soliciting any gift.
• Officials and employees are also prohibited from knowingly accepting a gift from any person or entity that is doing business with or seeking to do business with the town, has financial interests that could be affected by the official’s duties, is engaged in activities regulated by the official’s governmental unit, or is a lobbyist.

While there are limited exceptions regarding monetary value of $20 which might not have been exceeded had the tickets been general admission tickets, screenshots provided to Radio Free Hub City show that the mayor and councilmember were in fact given tickets to a private suite provided by Antietam Broadband. Currently the Flying Boxcars charge $750 for a suite, which holds up to 20 people, making the value of a seat in a suite at $37.50. This value is even higher if Antietam provided food and drink at the suite. Even if the tickets did not exceed the value of $20, the timing on this invite indicates a potential attempt to influence Souders and Fritsch’ decision making, per H(5)(c), which says value does not matter if the gift is “Of significant value that the recipient official or employee believes or has reason to believe is designed to impair the impartiality and independence of judgment of the official or employee.”

UPDATE 7/1/2025: The Ethics Commission did not find that the Flying Boxcars ticket value exceeded the $20 permissible gift limit, and was not believed to be intended to influence Smithsburg’s business dealings with Antietam Broadband.

Antietam Broadband is currently up for renewal of its franchise agreement with the Town of Smithsburg, with a new competitor, Comcast, also under consideration for a franchise agreement. This situation adds additional scrutiny to the acceptance of the baseball game tickets, as the timing coincides with crucial decisions regarding the town’s cable service providers.

Franchise agreements between cable companies and town governments are vital for several reasons:

1. Use of Public Property: Cable companies require permission to lay cables underground or string them along poles in public rights-of-way controlled by the town government. The franchise agreement grants this permission.
2. Regulation and Community Benefits: The franchise agreement allows the town government to regulate the cable company’s operations in exchange for access to public rights-of-way. This regulation can include:
   • Fair Pricing: Setting limits on customer charges.
   • Service Quality: Ensuring reliable service and customer support.
   • Public Access Channels: Requiring the provision of channels for public, educational, and government use by local organizations.
   • Infrastructure Investment: Mandating network expansion to underserved areas.

These agreements benefit cable companies by granting access to customers and benefit the town by ensuring regulation and access to cable services for residents.

While the ethics ordinance applies to employees and elected officials, the fact that both Souders and Fritsch both have the ability to influence policy regarding Antietam’s business interests raises serious ethics concerns. As a councilmember, Fritsch has direct voting power in decisions regarding the franchise agreements. Mayor Souders, while he does not typically have voting power in council decisions, will provide the deciding vote in the case of a tie.

The situation is further complicated, however, by the fact that Fritsch is also on the Smithsburg Planning Commission. This means that Fritsch not only has voting power, but larger influence on public policy which could affect Antietam’s business interests or that of their competitors, including decisions which could open additional internet provider options for Smithsburg, creating even further competition for Antietam beyond the pending Comcast franchise agreement. These would include cellular, fiber optic, and wireless service providers.

UPDATE 7/1/2025 – This article was updated on 7/1/2025. After an official complaint was filed and investigated, it was found that there was no ethics violation as the tickets were not found to exceed a value of $20.00 or be intended to influence Smithsburg business dealings with Antietam Broadband. More information in our updated article.

For the Town of Smithsburg, the Town Ethics Commission is represented by the Washington County Ethics Commission, which consists of five members appointed by the Board of County Commissioners of Washington County, Maryland. Advised by the County Attorney, the Commission has several key responsibilities: providing published advisory opinions to individuals subject to the ethics ordinance, processing and determining the outcomes of complaints alleging violations, and conducting a public information program about the ordinance’s purposes and applications. While fulfilling these responsibilities for Smithsburg, the Washington County Ethics Commission follows its established processes and procedures, but applies the substantive terms of the Smithsburg Ethics Ordinance when providing advisory opinions and processing complaints.

Penalties for violating the Smithsburg Ethics Ordinance can be significant. The Ethics Commission has the authority to issue a cease and desist order against any individual found in violation of the ordinance and may seek enforcement of this order in the Circuit Court for Washington County, Maryland. The court can further impose a fine of up to $1,000 for each violation. Additionally, town officials or employees who are found to have breached the ethics ordinance may face disciplinary actions, which could include the suspension of their town salary or other forms of compensation.

Given the pending renewal of Antietam Broadband’s franchise agreement, consideration of a new agreement with Comcast, and the potential for Souders and Fritsch to influence other areas of public policy which could affect Antietam’s business interests, the acceptance of tickets from an Antietam Broadband executive raises potential serious ethical concerns. The Smithsburg Ethics Ordinance aims to prevent conflicts of interest and ensure that town officials’ decisions are not influenced by personal gifts or favors from entities with business interests in the town.

UPDATE 7/1/2025 – After an official complaint was filed and investigated, it was found that there was no ethics violation as the tickets were not found to exceed a value of $20.00. More information in our article.

Story by Ken Buckler, President of Radio Free Hub City