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Pines directors asked to reevaluate ballot counting

(June 30, 2016) The election is in full swing in Ocean Pines and issues about everything from how ballots are counted to how many words the candidates can use in their written bios have dominated recent public meetings.
On Saturday, four of the 12 candidates running for the board of directors spoke during the public comments portion of a regular board meeting, while “new business” included two items for review by the directors that related to the upcoming vote.
A motion to eliminate the words “in closed session” from Resolution M-06 got the most attention, as it addressed the growing controversy of whether Ocean Pines can legally count votes during a closed session.
Elections Committee Chairman Bill Wentworth spoke during public comments to address the motion.
Wentworth said he had no objection to having observers present during ballot counting, but said before that decision was made, “as a courtesy” the board should first talk to his committee in order to better understand the process.
“Trust me – we are not the only folks in the room when that’s being done,” he said. “I know there’s a big thing out here about conspiracy theories … that’s absolutely baloney. You are challenging the ethics of myself and the members of this committee – and you will not challenge our ethics.
“If you are going to do anything with M-06, I would appreciate the courtesy of informing us [and] letting me as the chairmen or the members of the committee to go through with you, point by point, exactly what the process is.”
Director Jack Collins, who presented the motion, said he was not suggesting any wrongdoing by the committee or Wentworth.
“I want to point out that there are 12 individuals vying for three spots — nine will not be elected,” he said. “Perhaps as many as four or five will lose by one-to-ten votes … by opening up the process, under these circumstances, not only are we in compliance with the law … but we validate the vote count through the process, we guarantee the integrity of the process, we eliminate any questions as to the accuracy of the process, we mitigate any contention within the ranks of our members — and that is our community — as it reflects to the perception of a corrupted process.
“To my way of thinking it just makes absolute common sense that, with this many people involved in this election, it would behoove each and every one of us to open it up and be in compliance with the law and get this contentious issue behind us,” Collins added.
Vice President Cheryl Jacobs noted that Collins was one of the 12 candidates running, while another director, Bill Cordwell, questioned his motives.
“Every year it seems like it’s thrown out there with the old conspiracy theory to get people to come to social media [and say], ‘oh that board is stealing this election. They’re behind closed doors and they’re stealing this election.’ To say that it has nothing to do with the integrity of the people on this committee is bull. You are questioning the integrity of everybody – the chairman of that committee, everybody on this committee, and the liaison to this committee.
“It’s not a violation of any law … it’s been vetted,” Cordwell added. “This board should not be involved in this election process … Stay out of the election process. These are good, decent people [and] you’re saying to all them we don’t trust you.”
Director Tom Terry said if the process were to be changed, it should not be done during “the heat of the election’s process.”
Moreover, he said it was a case of one committee – by-laws & resolutions – going after another one. The resolution, he said, came from the bylaws committee.
“It’s inappropriate that they took this action without at least going to their fellow advisory committee,” he said.
Jacobs noted that Jim Trummel, an attorney who is often commissioned by the association to rule on such issues, vetted M-06 and could not find any issues of illegality.  
Moreover Jacobs, herself an attorney, said Maryland law governing homeowner’s associations provided language for having closed meetings. Counting votes, she said, did not constitute a meeting.
“This is not a meeting – this is a time when ballots are counted,” she said. “There is no business being conducted of the committee, it is simply a time to count ballots. It is not a meeting. From my perspective this is not anything that is in violation of the Homeowner’s Act.”
Collins confirmed the issue came through the by-laws & resolutions committee, and suggested there should be some interaction between the two advisory boards “to rectify this particular situation.”
“We really could address this particular issue within this current election cycle, if it would be the will of the elections committee … and the by-laws & resolutions committee to come together in a joint meeting to work out the specifics of this particular issue and bring it back to the board. That’s really a legitimate solution to this whole situation,” he said.
Jacobs called that an “excellent suggestion,” and Terry made a motion to table the matter until the committees could meet. Collins seconded that.
“This is amazing,” Collins said, making light of the rarity of he and Terry finding common ground.
“This is amazing. My hair is going to grow back,” Terry deadpanned.
The vote to table passed 5-0. Two directors, Dave Stevens and President Pat Renaud, were not present during the meeting.
Another election-related item on the agenda, a report from the search committee, was accepted by a unanimous vote. That committee is tasked with finding candidates to run for office in Ocean Pines.
After review of the committee’s recommendations, Collins said the directors could meet to vote on those items next month.