Land Purchases and Developer Influence: The Need for "Ex Parte" Rules in La Plata

By: Paul Guttenberg, Candidate for Town Council Ward I

Recently the 4th and 5th Democratic Club asked all nine candidates in La Plata’s 2025 general election the following:

The Town Planning Commission has included a prohibition against “ex parte” communications.

Would you, if elected as Mayor or to the La Plata Town Council, support the inclusion of “ex parte” communications in the La Plata Town Council Rules of Procedures?

Given our town's significant growth over the past decades, it's time we seriously consider incorporating "Ex parte" communication rules into our Town Council's Rules of Procedure.

And just a quick explanation of what Ex parte communication is. Ex parte communication involves private, off-the-record communication between a party involved in a decision and a decision-maker (e.g., a developer’s lawyer and a council member ) without the knowledge or participation of other interested parties like the public. It creates the perception that decisions are made behind closed doors, favoring certain individuals or groups.

To illustrate why this is important right now in La Plata , consider these examples:

DR Horton

• Our town interacts with influential developers who have a strong interest in our community. For instance,

  D.R. Horton, a company heavily involved in building developments like Pinegrove in La Plata and others in Charles County, reported in 2024 a staggering $36.8 billion in revenue and $6.3 billion in pre-tax profit.

  This immense financial power necessitates safeguards against undue influence on our local leaders. We, as residents, have a right to know if town leaders are meeting privately with such well-funded entities. Even seemingly innocuous interactions like lunches or other events even if attended in public by council members and the Mayor (regardless of who pays) should be transparent. This awareness allows us to evaluate decisions and ask questions with a clear understanding of potential influences.

Town Land Purchases

• Another area where "Ex parte" communication rules are crucial involves the town's land acquisitions. While these transactions often occur in closed sessions following Maryland's Open Meetings Act, the close-knit nature of a small town like La Plata means past land purchases have occasionally involved familial connections to council members who then voted on those purchases. The public deserves to know if council members have engaged in non-public discussions with property owners when the Town Council is considering a land purchase. Full transparency regarding such connections and discussions, especially those occurring outside of public meetings, is essential to knowing if a council member is acting in the publics best interest.

If elected, my approach to implementing "Ex parte" communication rules within our Town Council's Rules of Procedure would be as follows:

1. I would task our Ethics Commission with reviewing the current Town Council Rules of Procedure.

2. I would ask the Ethics Commission to provide recommendations for rule changes that specifically address the concerns raised in the two examples above, as well as any other relevant measures they deem necessary to impliment "Ex parte" communication rules. I believe this can be completed in 60 days or less.

3. I would then collaborate with my fellow Council members to evaluate and adopt appropriate "Ex parte" communication rules to our Town Council's Rules of Procedure. My view is the next Town Council should adopt these rules within the first 90 days of their term

Do You Agree?

If you agree the Town of La Plata has reached a size where "Ex parte" communication rules should be applied to the Town Council's Rules of Procedure you can help.

You can help by please voting for Paul Guttenberg, Ward I Town Councilman.

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For Better Town Government We Must Increase La Plata’s Voter Turn-out For Our Local Elections

Please Vote on May 6^th. You can find contact and candidate information for all the general election candidates on the town website. Please also share this information with your friends and family, and encourage them to vote.

Many candidates are also active on Facebook especially within the La Plata Community Group.

A “Vote Local” Plan For Town Council & Mayor

1. Plan To Vote:

• Please Plan A Time on Tuesday May 6th You Will Vote at Town Hall.

  • (Between 7am and 8pm)

2. Share Election Information:

• Please Share Election Information with Your Family, Friends & Neighbors Who Live in the Town of La Plata. www.voteguttenberg.org/vote-local/

3. Cast Your Ballot On Tuesday, May 6th 2025.

• Voting occurs in person at the La Plata Town Hall, located at 305 Queen Anne Street, between 7am and 8pm.

I ask that you consider voting for me as your Town Council representative from Ward I.

More than anything I hope you take the time to vote, and that you encourage others to do the same. When residents vote in larger numbers, it increases the emphasis for elected town leaders to engage and respond to concerns expressed by the public.

Thank you.

Respectfully,

Paul Guttenberg, Candidate for La Plata Town Council Ward I