Counsel for Council?

At the March 27, 2025 City Council meeting, we submitted a public comment urging Council to consider the establishment of an independent solicitor—one who would serve the legal needs of City Council exclusively.

The suggestion stems from a foundational principle of good governance: that the legislative and executive branches of local government have distinct roles, responsibilities, and legal needs. In Ocean City, as in many municipalities, the Mayor and City Council currently share legal representation. While this arrangement may seem efficient, it can present significant challenges, particularly when disputes or differences of opinion arise between the two branches.

A Matter of Structure and Accountability

In Ocean City’s form of government, City Council serves as a legislative check on the administration. That includes reviewing contracts, passing ordinances, setting policy, and providing oversight. These functions require access to timely, independent legal advice—advice that may not always align with the priorities of the administration.

When both branches share the same solicitor, a core question emerges:
In moments of disagreement, who is the client?

An independent solicitor for City Council would help resolve this ambiguity by ensuring that Council members receive legal guidance solely in service of their legislative role.

The Case for an Independent Council Solicitor

The call for separate legal counsel is not new and is common in many local governments that value a clear separation of powers. Among the generally accepted benefits:

• Objective Legal Advice
  A council-specific solicitor can provide unbiased counsel, free from potential influence by the executive branch, ensuring Council decisions are grounded in sound legal interpretation.

• Avoiding Conflicts of Interest
  Shared legal representation creates the risk of divided loyalties in cases where the Mayor and Council disagree. A dedicated solicitor removes that risk.

• Protecting Council’s Autonomy
  Independent legal counsel helps preserve the Council’s ability to act as a co-equal branch of government, making informed legal decisions without dependency on the administration’s viewpoint.

• Specialized Expertise
  A solicitor focused on legislative matters is better positioned to advise on ordinances, resolutions, contracts, and other Council-specific responsibilities.

• Transparency and Accountability
  A separate legal voice ensures that Council’s actions are reviewed for legal compliance, promoting public confidence and open government.

A Discussion Worth Having

The recommendation is not a call for immediate action—it is a call for deliberation. Change in governmental structure should be approached carefully, with community engagement and open discussion. The topic of independent legal counsel is one that has surfaced before, and will likely surface again. What’s being asked now is that Council take time in the coming year to formally revisit the issue.

This includes reviewing models used by other municipalities, soliciting feedback from residents, and publicly discussing the potential advantages or drawbacks of such a change.

The goal is not division between branches of government. On the contrary—strong teamwork is built on clearly defined roles and responsibilities. Providing City Council with its own legal advisor would strengthen that dynamic and help ensure that each branch of government is fully equipped to serve Ocean City residents effectively and transparently.