Let’s put two myths to rest. The first is that the Baltimore County Council decided to appoint Kathy Klausmeier to replace Johnny Olszewski as county executive at its secret meeting last January because she was the person best qualified for the job.

The reality is that the Council’s selection of Klausmeier was a display of Maryland’s version of Tammany Hall, the legendary 19th century political machine in New York City, in action.

The second myth is that Klausmeier lacks the authority to appoint Kelly Madigan to a second term as the county’s inspector general without first conducting an open search process that requires Madigan to compete against other applicants if she wishes to retain her position.

The reality is that Klausmeier has the authority to appoint Madigan to a second term subject only to approval of the appointment by the Council – and her failure to do so is more evidence that Tammany Hall is alive and well in Baltimore County.

Inbreeding was the trademark of Tammany Hall, with access to political power tightly controlled by a handful of elected officials and unelected bosses. Personal and political loyalty was valued above all else. Ranks would close quickly to repel threats to that concentration of power.

Olszewski lavished praise on Klausmeier as his “lifelong friend” who “I know is more than up to the task ahead.” She is a worthy heir to the Tammany Hall tradition.

Madigan and her office have been a threat to Baltimore County’s Democratic machine since her initial appointment in 2020. Her investigations have shed light on backroom deals characteristic of the county and cast doubt on whose interests certain decisions were intended to serve.

She was troublesome enough that Olszewski made an ill-fated attempt in 2021 to curtail her independence and powers that resulted in the biggest political embarrassment of his tenure as county executive.

Is it a coincidence that Klausmeier apparently wants to get rid of Madigan, whose initial term as inspector general ended in January? I don’t think so. I believe that it is Tammany Hall doing what Tammany Hall does.

Attempt to Deflect Fails

Klausmeier and her staff attempted to craft the narrative that Klausmeier was required by county law to reopen applications to fill the position of Inspector General, and did not have the option of appointing Madigan to a second term without conducting an open search process.

My guess is that they realized that the May 12 letter to Madigan informing her of the process would rekindle the public’s anger at past efforts by County officials to undermine Madigan and her office. What they may not have anticipated was that the firestorm of criticism would be accompanied by the kind of sustained media attention often missing in Baltimore County.

The false narrative began to crumble after The Brew, Baltimore Sun and Baltimore Banner published commentaries by experienced lawyers (including me) pointing out that the County Executive did have another option under County law: Appointing Madigan to a second and final term, subject only to confirmation by the Council.

The law is clear. Klausmeier must conduct an open search process to find Madigan’s replacement only if she chooses not to appoint Madigan to a second term.

Stunning Admission

It was a stunning response to an inquiry by WYPR that caused the narrative to collapse entirely.

When WYPR first asked if Klausmeier received advice from the county Office of Law on her decision, her office responded with a statement that did not answer the question, and said only that she opted to conduct an open search process as authorized by law.

On May 27, WPYR reported that, when asked again, a spokesperson for Klausmeier said that she did not feel the need to request legal advice from County Attorney James Benjamin about the county code.

Benjamin is paid $265,000 a year to advise the county executive on her duties and responsibilities under county law. Madigan is the county’s first inspector general, and therefore the first to be eligible to be appointed to a second term.

Have Klausmeier and her staff deliberately misled the public about the reason why she decided not to reappoint Madigan?

How on earth can the county executive or her staff, in good conscience, blame a decision on a county law that never before has been applied if the county executive never bothered to seek the guidance of the county attorney on that law?

I am confident that, if asked for his opinion, Benjamin would concur with the opinion of the other lawyers referenced above that Klausmeier was required to reopen applications for the position of inspector general only if she chose not to appoint Madigan to a second term.

Suffice it to say that it would take a truly inventive lawyer to reach a different conclusion.

Time to Come Clean

There are a number of explanations for her failure to ask for Benjamin’s advice before making such a major decision, and none of them are consistent with the claim that she was concerned about adhering to the letter of the law.

In my opinion, the disclosure that Klausmeier didn’t consult with the county attorney is tantamount to an admission that her decision not to reappoint Madigan was not based on the law, it was based on her desire to replace Madigan with someone else.

Klausmeier owes county residents some answers

To date, Klausmeier has refused requests from reporters for interviews. What little we know about her decision is what we’ve learned from letters, comments by spokespersons and minimalist written statements.

That’s not acceptable in a situation like this. Her actions and those of her staff have raised serious questions that she must answer, including whether she and her staff deliberately misled the public about the reason that she decided not to reappoint Madigan.

Klausmeier owes county residents an explanation as to why she did not reappoint Madigan. If she does not believe that Madigan deserves reappointment, then she should say so and describe how she arrived at that conclusion.

Her unwillingness to face reporters and answer tough questions about her decision destroys her credibility and puts the soundness of her judgment into doubt.

I believe that Klausmeier and her Tammany Hall cronies calculated that they could pitch a misleading narrative about her decision and then hide long enough for the controversy to blow over. It is important that, as county residents, we don’t allow that to happen.

• David A. Plymyer retired as Anne Arundel County Attorney after 31 years in the county law office. To reach him: dplymyer@comcast.net and Twitter @dplymyer.