Development attorneys working to fill war chests for county council hopefuls
Smith, Gildea supporting candidates in districts 1, 5, 6
By Bryan P. Sears, bsears@patuxent.com
Posted 12/11/09
Michael Paul Smith, the executive’s son, and David Gildea, a former law clerk for Jim Smith when he was a Circuit Court judge, are raising money for Democratic candidates in three council districts where there will likely be open seats in the 2010 election.
The attorneys have hosted fundraisers for hopefuls Tom Quirk in the 1st District, which includes Catonsville and Arbutus; Gordon Harden in the 5th District, which includes Perry Hall and Towson, and Cathy Bevins in the 6th District, which includes Middle River, Fullerton and Parkville.
The suggested donation to attend each fundraiser was $1,000.
Those seats are now held by Sam Moxley in the 1st, who hasn’t announced if he’ll run again; Vince Gardina in the 5th, who has said he’ll retire, and Joseph Bartenfelder in the 6th, who is expected to run for county executive.
Some community activists say they are concerned over the attorneys’ fundraising for candidates because of the council’s role in zoning and development.
Council members, individually and as a legislative body, control zoning through the quadrennial rezoning process and through their ability to add or make changes to zoning classifications.
Also, each council member is responsible for the initial and final reviews of planned unit development proposals.
Two community activists said that if candidates raise large political war chests with the help of development attorneys, it would raise concerns about how decisions might be made on the next council — and who would have access to decision makers.
“The image of a Tammany Hall-style political machine selecting candidates to run in open council districts is troubling,” said David Marks, president of the Perry Hall Improvement Association.
“The big issue here is land-use and zoning,” said Marks. “That’s the part of (council members’) job that has the most lasting effects.”
Donna Spicer, a Loch Raven activist, agreed.
“Whose call do you think they will return first? The developer who gave them $1,000 or the attorney who raised them $50,000?” she asked.
Selective process
Neither Gildea nor Smith responded to repeated requests over the past week for interviews for this story.
Gildea is a partner in the Towson law firm of Gildea and Schmidt — with former county zoning commissioner Larry Schmidt. Among Gildea’s clients are John Vontran, who this year bought the 9.8-acre Yorkway Apartment complex in Dundalk from the county for $1.6 million. The county had paid $21 million for the property in 2006.
Smith, a lawyer at the Towson firm of Bodie Nagle, lists land-use as one of his areas of practice on his firm’s Web site.
The two began efforts to support Quirk, Harden and Bevins after discussions with the three, and with other potential candidates.
One was Mike Ertel, a Towson Democrat who is running in the 5th District. Ertel said he met with both in Gildea’s Towson law office in October to talk about his candidacy.
“They didn’t bill it as an interview,” Ertel said, adding that he now believes it was an interview.
During the 45-minute conversation, Ertel said, the pair questioned him about his stances on issues ranging from public safety and schools to “development issues in Towson.”
“I heard rumors that I was not the guy,” he said. “If I were, I’d probably know by now.”
Unknown, but connected
Bevins, Harden and Quirk haven’t yet filed to run, but all three have acknowledged they’re in the council race.
They represent a crop of untested political candidates. None have ever run for elected office, but all three have connections to the county executive, his son or Gildea.
Bevins, 50, has worked for six years as a constituent services coordinator for the elder Smith. She is responsible for responding to constituent concerns in Dundalk and the district she now wants to represent on the council.
Bevins said she has often thought about running for office and her current job “has prepared me for being on the council.”
Bevins said she’s been friends with the younger Smith for nearly two decades. Smith represented Bevins in a 2007 law suit against Franklin Square Hospital and a doctor there, according to court records.
Harden, who has an Owings Mills insurance company, has served on the county planning board since 1996.
He said he and his family have been friends of the Smith family for years. Michael Paul Smith also briefly represented Harden in a matter related to his 1993 divorce, according to court records.
Harden said he met Gildea through work on the planning board, which frequently is called upon to decide zoning issues and approve development requests.
Quirk, who owns a financial planning business in Catonsville, said he met Gildea when both served on the board of the Community College of Baltimore County. Quirk said he became acquainted with Michael Paul Smith after Quirk’s wife, Siri Svaeren, worked for county executive Smith as a special assistant. Svaeren was Bevins’ supervisor.
‘Not a slate’
In separate interviews, Bevins, Harden and Quirk all said they “were not a slate” — a legal definition that allows candidates to pool and share resources.
Bevins and Harden initially declined to discuss specifics of events hosted for them by Gildea and Smith.
“There wasn’t a hard price,” Harden said regarding donation levels. “We just asked people to donate.”
But Bevins acknowledged the suggested donation for her November event at an Essex waterfront home owned by Michael Paul Smith was $1,000.
But she noted, “I did not receive a $1,000 donation from everyone that came in the room.
“Was it suggested? Yep,” she added.
Bevins said she attended a similar event for Quirk at Gildea’s house.
Quirk acknowledged that his fundraiser was held before Thanksgiving in Gildea’s Stevenson home.
“I know it’s unprecedented,” Quirk he said of the $1,000 price tag. “It’s never been done before.
“But this is an important election,” he said, “and there will be a lot of change in the council, and it’s more important than ever to elect the right people.”
He said the price was set by Gildea, whom Quirk called his “fundraising chairman.”
‘New era in ... politics’
Bob Barrett, who runs the county Department of Recreation and Parks and has experience in raising money for candidates — such as congressman and former County Executive C. A. Dutch Ruppersberger — said the $1,000-per-person price to attend a fundraiser for relatively unknown council candidates “represent an new era in state politics.”
Barrett said such prices are typically reserved for incumbents with lengthy track records, or county executive candidates.
“If they are really getting those kinds of donations, then the residents of Baltimore County really are being very generous this holiday season — Ho, ho, ho!” Barrett said.
He said he attended the events for Harden and Quirk but did not buy a ticket for either.
Both, he said, were “well attended.”
Bevins, Harden and Quirk all said the fundraising efforts of Gildea and Smith would not influence their actions as council members if they are elected.
“I’m my own candidate,” Quirk said. “It’s my name on the ballot.”
Harden said concerns that he would favor those who raise large sums of money for him are without merit.
“I wouldn’t take a dime from someone who said, ‘I’m coming back to talk to you,’ ” he said. “That’s craziness.”
Bevins said she was not “going to owe anybody anything” and defended her high-priced fundraiser as necessary.
“I know what it costs to run for County Council,” Bevins said. “I’m going to need $100,000 to $125,000. I’m not going to raise that having $25 (per person) fundraisers.
“I’m trying to raise as much money as I can, as fast as I can by January so I can knock my opponents out of the box,” Bevins said.
Donations to candidates for the council and county executive from land-use attorneys, builders and others interested in development is nothing new.
Arnold Jablon, a land-use attorney in Towson who has raised money for candidates in the past — and who is Del. Adrienne Jones’ campaign treasurer — said others have tried to put together tickets in past ... and have failed.
“Voters have a hard time with being told who to vote for,” Jablon said, adding that “putting a ticket together is telling the voters what to do.”
This story has been updated.
user comments (17)
user davidmarks1 says...
Excellent article, Bryan. Every citizen of Baltimore County should read this story.
Posted 4:11 PM, 12.11.09
user says...
WOW, understanding that 'fundraising' is a necessary evil, this smacks in the face of the citizen's of Baltimore County. This has turned into the worst imitation of a bad reality TV show one could imagine! Continued support for 'real' representation, council members with the concerns of the citizens of the county MUST be first and foremost, and not the continued practices of the entrenched politician. This must be brought to a halt. After 16 years of rule by the current good ole boys and gals, might we be better off choosing the candidate based on his/her platform and not be led astray by the size of the campaign chest. A tall order INDEED, but I will be doing my part to convince that we have 'better' choices with having to give MORE of our hard earned dollars.
Posted 4:53 PM, 12.11.09
user augieboy says...
(wasn't logged in above...sorry) awesome article...will spread as much as I can!
Posted 4:57 PM, 12.11.09
user topgop says...
Quite telling as to the direction Mr. Smith wishes to lead Baltimore County. Especially interesting that the "party of the people" doesn't wish to waste their time having affordable fundraisers for constituents. Sounds like they have forgotten the voter in favor of the developer. I guess they just expect all their fellow Democrats to get in line and vote the "party of the developers." ticket. Can't wait for the Democrat candidate to say that Republicans are only for big business...
Posted 7:53 PM, 12.11.09
user josemontoya says...
The Jim Smith/Democrat legacy after 16 years: crowded schools, congested roads, dwindling open space, and a political culture polluted by development money and special interests. EVERY Democrat running in Baltimore County should renounce the tactics of their leader, Jim Smith, and his allies. What do "reformers" Ruth Baisden, Jim Brochin, and Steve Lafferty think? We're waiting...
Posted 8:00 PM, 12.11.09
user stevetowson says...
davidmarks1 - I agree, so with that in mind I posted a link to this article by Bryan over on the Sunpaper's local talk forum.
Posted 8:26 PM, 12.11.09
user annmiller says...
The incestual relationships exhibited here make me sick. Worse yet, these newcomer candidates who have been handpicked by Jim Smith are obviously malleable yes men who will be beholden to their developer enablers for term after term, so long as they continue to be obedient. Baltimore County government is in desperate need of reform.
Posted 9:47 PM, 12.11.09
user stevebaileytowson says...
I for one would like to thank attorneys, David Gildea and Michael Paul Smith. For far too long, the interests of the wealthy and powerful developers have been ignored by the Baltimore County council and county executive. Finally, we have two lawyers courageous enough to stand up for politically connected, special interests. I'm sure that this unprecedented level of fundraising on behalf of unknown candidates will have no influence on how they decide the zoning and development issues that regularly come before members of the county council. Of course, creating the appearance that at least three members of the county council owe their jobs to their fundraising efforts won't in any way result in an increase in legal work for attorneys who specialize in development issues like Smith and Gildea. Is it possible that this year, the voters of Baltimore County will ignore an arrogant attempt to buy influence on the county council by two law firms at the heart of the good old boy network? David Gildea and Michael Paul Smith are banking on it!
Posted 7:37 AM, 12.12.09
user corinneb says...
The type of people we need on the County Council are quoted early in this excellent piece by Bryan Sears. David Marks and Donna Spicer, both of whom have worked tirelessly, with no compensation, to better Baltimore County and are beholden to no one but their own ethics, are the type of people we need to reform the developer-controlled culture Jim Smith and the like have cultivated. Democrat or Republican, it doesn't matter, these are the "Peoples' Leaders". While we've watched our quality of life deteriorate for the past 7 years under Jim Smith's developer-oriented rule, David Marks and Donna Spicer are the only kind of leaders that can restore it.
Posted 11:06 AM, 12.13.09
user jflanagan says...
Bryan - Good to see you're still fighting the good fight.
Posted 12:41 PM, 12.14.09
user jflanagan says...
Bryan - Good to see you're still fighting the good fight. Baltimore County will never change. It's not what you know, it's who you know.
Posted 12:46 PM, 12.14.09
user jflanagan says...
Bryan - Good to see you're still fighting the good fight. Baltimore County will never change. It's not what you know, it's who you know.
Posted 12:46 PM, 12.14.09
user eire93 says...
Thank God there is a candidate in my district who isn’t being controlled by anyone!! He is a small business owner who has always worked hard for the people in Perry Hall. As a lifelong Republican I am making the right choice, switching parties and voting for the best person for the job! That is why I will be voting for Bill Paulshock! I know he will do what is he has always done, working hard to make this community a better place to live. Brian, Great article! I will pass this on to everyone I can.
Posted 1:21 PM, 12.14.09
user min7b5 says...
The 5th District needs a reformer. Someone who stands with the constituents not with his/hers party affiliation. I am keeping my fingers crossed that David Marks makes a run for that Council seat. He has a proven track record in Perry Hall that has delivered real results. Take a ride on Honeygo Blvd and see the brand new, green library that Marks has worked so hard to make a reality. Electing another Democrat is like pouring gasoline on a burning building.
Posted 3:53 PM, 12.14.09
user hadenough says...
Please forward the article to the State's Attorney Office. Once they are done with Sheila Dixon and her fiasco with developers maybe they will move on to investigate what is going on and has been going on in Baltimore County. Sounds like we're talking about more than $500 worth of gift cards. Don't vote them out. Lock them up.
Posted 5:09 PM, 12.14.09
user stevetowson says...
user corinneb says... The type of people we need on the County Council are quoted early in this excellent piece by Bryan Sears. David Marks and Donna Spicer, both of whom have worked tirelessly, with no compensation, to better Baltimore County and are beholden to no one but their own ethics, are the type of people we need to reform the developer-controlled culture Jim Smith and the like have cultivated. Democrat or Republican, it doesn't matter, these are the "Peoples' Leaders". While we've watched our quality of life deteriorate for the past 7 years under Jim Smith's developer-oriented rule, David Marks and Donna Spicer are the only kind of leaders that can restore it. Posted 11:06 AM, 12.13.09 -------------------------------------------------------- If either of these folks are planning a run I'll happily work for their campaigns. The last time we had a Councilman with a degree of character comperable to Donna representing us was when we elected Wayne Skinner, and the Dems quickly put an end to that by changing the district boundaries, and shoved Democrat Vince down the throats of people who's interests he doesn't represent.
Posted 6:19 PM, 12.16.09
user dmpc says...
Although I'm an undecided voter in district 1, I now know who I am NOT voting for. The hard working people in communities like Arbutus, Baltimore Highlands and Lansdowne deserve better than a councilman who relies on big-ticket contributions from developers. Communities such as these deserve a councilman who relies on grassroots support from constituents. Call it a slate or don't call it a slate, I won't be voting for Mr. Quirk. The Baltimore County Council needs new and fresh ideas instead of the same old politics.
Posted 3:58 PM, 12.18.09
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