The Montgomery County Attorney’s office is investigating whether a council member’s criticism of funding for a planned music hall in Silver Spring — submitted as part of a lawsuit against the county — broke ethics laws, The Washington Examiner has learned.
IMP, a Bethesda concert promoter, included a sworn statement from Councilman Marc Elrich, D-at large, to argue that officials in County Executive Ike Leggett’s office illegally hid the true cost for the Fillmore while seeking approval for the rock club.
In the affidavit, Elrich says representatives for Leggett assured the council that the county’s investment would not exceed $4 million. The statement also says executive officials were required to seek funding from council members before devoting an additional $3.3 million to the project in recent weeks.
Under Montgomery ethics law, county employees are barred from giving legal advice that would be considered an expert opinion in court if the county is involved in the matter and the statements are used to aid an adversarial position.
A representative for Leggett confirmed the inquiry, calling Elrich’s participation “troubling.”
“It would seem that [Elrich] is taking sides with a D.C. business against the council and the state and furnishing information on behalf of the entire [council],” said spokesman Patrick Lacefield.
Elrich, even before his legal statement, slammed executive officials for spending millions of dollars more on a taxpayer-funded entertainment venue — while slashing the budgets of virtually every county department to fill a $1 billion budget shortfall.
An official with the county’s Ethics Commission was unable to confirm if a complaint has been filed with the office. Regardless, Lacefield says the attorneys would make a recommendation on the matter.
Elrich was unaware of the probe until informed by The Examiner.
“I wasn’t trying to kill the deal,” he said. “All I said is that the council should vote on an appropriation. I don’t see what everybody is all upset about. Why go through all these shenanigans?”
He added that council staff said his sworn statement was legal and that [Leggett] “just didn’t want me to say anything negative about a terrible deal.”
The lease for the planned 2,000-person-capacity club calls on the tenant, Live Nation Inc., to absorb any cost beyond the $8 million in county and state money. Executive branch officials, however, slated another $3.3 million for the venue, pushing the price tag to more than $11 million.
Elrich is one of four at-large council members seeking re-election this fall. The Democratic primary is Sept. 14.
