Washington County Commissioners Cited for Open Meetings Violations Regarding Undocumented Closed Session

The Maryland Open Meetings Compliance Board has issued findings regarding alleged violations of the Open Meetings Act by the Washington County Board of County Commissioners. The Compliance Board determined that the County Commissioners violated the Act by failing to prepare a written closing statement before an emergency closed session and by not creating a summary of that session. While other allegations were made, including a secret meeting with federal officials, improper closed session procedures on other dates, and the removal of individuals from meetings, the Board found no violations in those instances. The Compliance Board’s official opinions detail these findings, which stem from complaints filed by residents.

The Open Meetings Compliance Board reviewed several allegations against the Washington County Board of County Commissioners. One complaint concerned a meeting with federal Department of Homeland Security (DHS) officials on March 16, 2026. The County Board argued that this was not a meeting subject to the Open Meetings Act because only the Board President, and not a quorum of the Board, was present. The Compliance Board agreed, stating that the Act applies only when a quorum of a public body convenes to consider or transact public business. As a quorum was not present, no violation occurred.

Another set of allegations focused on the procedure for closed sessions. For a closed session on February 3, 2026, complainants questioned whether a written closing statement was properly prepared and if it contained sufficient detail. The County Board provided a written closing statement that invoked specific provisions of the Act and detailed topics such as the “discussion of discipline of County employee” and “discussion of grant funding for business to expand in Washington County.” The Compliance Board found these descriptions to be sufficiently detailed and therefore found no violation in this instance.

However, the Board found violations related to a closed session held on February 24, 2026. Complainants alleged that the Board convened an “emergency closed session” without proper procedure. While the Board could not determine if a public vote to close the meeting occurred in open session, as required by the Act, it did find that the County Board violated the Act by failing to prepare a written closing statement before this emergency closed session. Furthermore, the minutes for this session did not include the required details for a closed session summary, such as the citation of authority for the closure, the topics discussed, persons present, or actions taken. This omission also constituted a violation of the Act. The County Board acknowledged not preparing a written statement for this session.

Regarding an allegation that the agenda for the February 10, 2026, meeting was altered less than twenty-four hours prior to the meeting, the Compliance Board found no violation. The Act allows public bodies to alter agendas, provided that new topics were not known at the time the original agenda was published. The complainants did not allege that the County Board knew about the resolution supporting DHS when the agenda was initially released, thus, no violation was found.

Allegations concerning the removal of individuals from meetings on February 10, February 24, and March 24, 2026, were also addressed. The Act permits the removal of individuals if their behavior is disrupting an open session. For the February 10 meeting, where disruptions included whistling and loud reactions to a resolution, the Board found no violation, noting that the County Board livestreamed the remainder of the meeting and provided alternative opportunities for the public to observe. For the February 24 meeting, the Board found no violation regarding recesses that cleared the room, as the Act does not govern when or why a meeting may be recessed, and there was no indication of attempts to discourage public attendance. The March 24 meeting involved the removal of individuals who spoke on topics unrelated to a zoning hearing and then argued with the Board President. The Compliance Board stated that the handling of public comments is not within the purview of the Act and that the Board President was entitled to remove individuals who were disrupting the meeting by speaking out of turn and refusing to cease.

The Compliance Board concluded that the Washington County Board of County Commissioners was found to have violated the Open Meetings Act on two counts related to an emergency closed session on February 24, 2026. These violations involved the failure to prepare a written closing statement and the omission of required information in the closed-session summary within the meeting minutes. The Board could not resolve whether a public vote to enter the closed session was properly conducted. All other allegations were dismissed.

Documents related to this article are available in our public information archive.

Article by Ken Buckler, based upon information from the Open Meetings Compliance Board

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