SALISBURY – The Wicomico County Council voted last week to have Director of Administration John Psota continue as the acting county executive.
In a special meeting last Friday, the council voted 5-2, with Councilman Josh Hastings and Councilwoman Nicole Acle opposed, to approve the continuation of Psota as acting county executive until the vacancy is filled by election in 2022 or, if earlier, by an appointment of the legislative body.
“After council requested and received applications to fill the vacancy in the Office of County Executive and conducted interviews of certain applicants, the council is unable to reach a majority consensus to fill the vacancy,” Council President Larry Dodd said in a statement last week, “so the council decided that it would be in the best interest of the county for Mr. Psota to continue to fill the vacancy pursuant to the charter.”
Since the death of County Executive Bob Culver in late July, a total of five candidates have submitted their names for the position. According to the county’s charter, the council has 45 days to appoint a successor.
After the first round of applications, the council held interviews with three candidates late last month – state Delegate Carl Anderton, Salisbury cardiologist Rene Desmarais and former county Finance Director Michele Ennis.
At the outset, Anderton’s name was submitted for the position of county executive. The motion, however, failed with Hastings and Councilmen John Cannon and Bill McCain in favor, and Dodd, Acle and Councilmen Ernie Davis and Joe Holloway opposed. A motion to name Desmarais the next county executive then passed 4-3.
However, just four days later Desmarais declined his appointment, and the council was left with the choice of either selecting from the remaining pool of applicants or reopening the application process. In a special meeting late last month, the legislative body agreed to seek new applicants and set a new deadline of Sept. 14.
Last week, Dodd announced the council had received applications from both Anderton and Wicomico County’s General Services Supervisor Lawrence Pate Matthews. In Friday’s special meeting, however, no vote was take on the two candidates as council members said they could not reach a majority consensus.
Reading from a statement at the start of the meeting, Dodd said the council had sought guidance from legal counsel and the Maryland Attorney General’s Office regarding the process for selecting a successor. He noted the charter did not require the legislative body to request applications or conduct interviews in open session.
“In other words, the council could select someone to fill the vacancy in a closed session, and without requesting applications or interviewing anyone,” he said. “As mentioned, the Wicomico County charter does not specify a required process to fill the vacancy. The initial thought was that the council must do so by 45 days after Mr. Culver’s death. But we have been informed by legal counsel that this is not a mandatory deadline.”
Prior to Friday’s vote, Hastings told the council he would vote against Psota’s continuing role.
“My no vote has nothing to do with Mr. Psota’s capabilities or leadership,” he said. “It has everything to do with this body’s process and inability to do what the charter said we were to do within 45 days, which was to appoint a new county executive. Today, 54 days after the vacancy, we are going to appoint an individual who did not even apply for this position.”
Hastings also noted Psota would now be working three jobs – acting county executive, director of administration and deputy director of administration, a position that has remained vacant since the spring.
“As I’ve said before, and I think all of us agree, we need to immediately hire a deputy administrator to make sure Mr. Psota gets all of the support he needs,” he said.
Both Cannon and McCain said they supported Psota’s continued role, but stressed the importance of forming a charter review committee to improve the process for filling a vacancy.
“One thing that will come from this is that we do recognize – as we have over the last few years – that there are many charter amendments that need to be addressed,” Cannon said. “The entire charter itself has to be addressed.”
After further discussion, the council voted 5-2 to have Psota continue as acting county executive. He will continue to serve until the vacancy is filled by election or, if earlier, by an appointment of the council.
“I accept and am humbled by the confidence council has demonstrated by passing this resolution,” Psota said in a statement last Friday. “While I have not sought the appointment, I do believe that it is in the County’s best interest to now move forward and provide stability so that we can collectively address the opportunities and challenges in Wicomico County’s future.”
He continued, “I look forward to working with the County Council, our employees and the entire community in those endeavors.”
Psota, the county’s new director of administration, assumed the role of acting county executive following Culver’s death on July 26. As the acting county executive, he has the same rights, duties, powers and obligations as an elected executive.
Although the salary for county executive is $85,000, Dodd said Psota will keep his director of administration salary, set at $120,000.