Local Resident Shaun Porter files Open Meetings Act Complaint Over State of the County Event

A complaint has been filed against the Washington County government regarding the recent “State of the County” meeting, alleging a violation of Maryland’s Open Meetings Act. The event, hosted by the Hagerstown-Washington County Chamber of Commerce at the Meritus School of Osteopathic Medicine, required attendees to pay for admission, with ticket prices ranging from $25 to $35. The advertisements did not indicate that the event would be streamed online for free, though it was later broadcast live on YouTube. Concerns have been raised that charging for attendance effectively limited public access to a meeting where county business was discussed, potentially violating state law.

Shaun Porter, a local resident and activist known for showing up at local government meetings with large signs attacking local elected officials, filed a complaint with the Open Meetings Compliance Board, prior to the meeting arguing that the meeting was not properly accessible to the public. Porter contends that the presence of a quorum of county commissioners discussing county matters in a setting that was not freely accessible to the public constitutes a violation of the Open Meetings Act.

The Maryland Open Meetings Compliance Board responded to the original complaint, acknowledging that if the event qualified as a “meeting” under the Act, charging an admission fee would violate the law. However, the Board stated that it lacked sufficient information to determine whether the event met the legal definition of a public meeting. Previous opinions by the Compliance Board suggest that such determinations depend on whether the commissioners were actively engaging in discussions or decision-making rather than merely attending a presentation.

In this case, County Administrator Michelle Gordon spoke at the event, and while the commissioners did not speak at the event, they were featured in the video presentation for the State of the County. The video presentation was not available online prior to the State of the County event. After Porter was denied entry to the event, he filed a formal Open Meetings Act complaint with the State of Maryland. He stated that despite requesting access as a member of the public and press, he was denied entry. The event was held at a private facility with security preventing entry without a paid ticket.

The agenda for the Board of County Commissioners on February 4, 2025, included the “State of the County” presentation at 6:30 a.m. at the Meritus School of Osteopathic Medicine, possibly further reinforcement that the event may have been considered an open meeting. While the availability of the live YouTube stream may satisfy some Open Meetings Act requirements, the lack of prior advertisement that the event would be available online at no cost complicates the matter further. The Compliance Board has indicated that the presence of a quorum at a private event could constitute a public meeting under certain circumstances, though no definitive ruling has been made regarding this case.

If found in violation, the county government may be required to change how similar events are conducted in the future to ensure compliance with public access laws.

The full video of the State of the County is available on YouTube.

The event was followed by regularly scheduled county business at the county administration building in an open meeting.

Article by multiple RFHC contributors.

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