Complaint Filed Against Hagerstown Councilmember Flaherty Likely Out of Scope of Ethics Commission

A complaint filed with the Hagerstown City Ethics Commission targets Councilmember Sean Flaherty over his alleged mistreatment of fellow council members, particularly three women serving on the body. While the letter accuses Flaherty of being disrespectful during council meetings and on social media, the City’s ethics code contains no provisions addressing rude behavior, nor does it identify racism or discrimination as enforceable ethical violations.

The complaint, submitted by Taj Smith, not the council members, alleges that Flaherty interacts differently with certain members of the council, favoring the mayor and Councilmember Kristin Aleshire while allegedly displaying disrespect toward, as Smith states “especially the Black women.” Smith is a Washington County Democratic Central Committee member and local NAACP President, and while Hagerstown City Council seats are non-partisan, it is well known that Flaherty is a Republican. She has called for an investigation by the Ethics Commission and urged the city to consider adopting rules for how elected officials engage on social media platforms, citing Flaherty’s posts on a community Facebook page as an example of concerning conduct.

Under Hagerstown’s current ethics ordinance, the scope of enforcement is limited to issues such as financial conflicts of interest, misuse of office, acceptance of prohibited gifts, and improper lobbying. There is no mention of discrimination, tone, or interpersonal behavior as criteria for ethical misconduct. Though disrespectful conduct in public office may raise public concerns, it does not meet the legal threshold for a code violation unless it intersects with clearly defined ethics rules.

The Hagerstown City Ethics Commission is a five-member body responsible for interpreting and enforcing the City’s Code of Ethics, which governs the conduct of elected officials, employees, and appointees to city boards and commissions. The commission is authorized to receive and investigate complaints alleging violations such as financial conflicts of interest, improper use of office, and breaches of disclosure requirements. Complaints may be submitted by any member of the public and must follow procedures established by the commission, which include a review process, potential interviews, and, if warranted, disciplinary recommendations. The commission’s authority does not extend to regulating tone, demeanor, or interpersonal behavior unless those actions clearly intersect with ethical standards defined under the city Ethics Code.

EDITOR’S NOTE: Potentially relevant to this complaint, should it somehow fall under the purview of the Ethics Commission to investigate potential racism or discrimination, is the fact that Flaherty was a senior figure in the recent congressional campaign of Brenda Thiam, a Black Republican woman and former state delegate.

While the City Ethics Commission is limited to investigating violations explicitly outlined in the ethics code, the Hagerstown City Council has alternative mechanisms to address behavior that, while not unethical by legal definition, may still be deemed disruptive or inappropriate. The council can adopt or enforce rules of decorum governing member conduct during meetings, including standards for respectful dialogue, adherence to parliamentary procedure, and consequences for repeated interruptions or disrespectful remarks. Such rules can be implemented through council policy or by amending meeting procedures, allowing the body to maintain order and civility without invoking the formal ethics process.

At present, the City Ethics Commission has not announced whether it will formally investigate the complaint.

Article by multiple RFHC contributors, based upon information from a complaint submitted by Taj Smith to the Hagerstown City Ethics Commission, the Hagerstown City Ethics Ordinance, and information from Brenda Thiam’s 2024 congressional campaign

According to City of Hagerstown, messages sent and received via the City’s email system may be considered public record pursuant to the Maryland Public Information Act, and may be subject to inspection and copying by the public

DISCLAIMER: Councilmember Flaherty purchased $60.00 of rotating banner advertisements from Radio Free Hub City during the 2024 election cycle in September, 2024. No compensation was received regarding this or any other article, and this article was not requested or reviewed by Flaherty or any associated entities.

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