Did Heather Cook violate OPA Board Code of Conduct?
Commentary by Joe Reynolds

OPA Board member Heather Cook has apparently violated the board Code of Conduct, based on a quote from her in a local newspaper. It seems Cook was interviewed by Tom Stauss, publisher of the Ocean Pines Progress, about the petition demanding the board hold another referendum on the Community Center. The interview took place subsequent to a closed, executive session of the OPA Board after the public meeting on January 4.

Stauss wrote, "During that meeting, a Jan. 4 executive session, Moore told the directors that petitions should be evaluated fairly and objectively, 'erring on the side of the petitioners,' according to Director Heather Cook. Moore, not staff or OPA directors, will make final judgments on whether a particular petition is valid, Cook said."

The Code of Conduct, passed as POLICY RESOLUTION 1-05-40, early last year states:

3. CONFIDENTIALITY. A Director will keep confidential all privileged information gained by virtue of his or her office, howsoever derived. Exceptions to this policy may only be made by a majority vote of the Directors, unless legally mandated.

In regard to violations the Code states:

11. VIOLATIONS. Violations of this Code of Conduct shall be reported to the President or Vice President of the Association, as appropriate, unless they are the subject of such report, by any member of the Association, or to other Directors who are not also accused of being in violation of this Code of Conduct.

Anyone who follows politics in Ocean Pines knows the Code was initiated primarily to rein in then Director Mark Venit. Director Dan Stachurski subsequently publicly accused Venit of being the person most likely to have released information regarding confidential board discussions about Code of Conduct charges against recently resigned board member Janet Kelley.

Many have said the Code of Conduct is a "joke," something to be used only by the board majority against minority members. Given what appears to be a rather obvious violation of the code by Cook, the board has an opportunity to show association members it is not a joke. Failure to bring charges and an investigation in accordance with the terms of the Code of Conduct will only confirm the "joke" status of the Code.

Cook claims Stauss took her comments out of context, however the context was absolutely clear in Stauss' column. Stauss is too good a newspaper man to make the mistake Cook claims he made.

Beyond Code of Conduct issues, one must wonder if the Board violated the Maryland Homeowners Association Act by discussing the petition in closed session. When asked about this on January 13, Cook surprisingly said the Community Center petition issue would not be an appropriate topic for closed session discussion. Assuming there is even a modicum of truth in Stauss' reporting, the petition was obviously discussed by the board during closed session with absolutely no mention of intent to do so at the conclusion of the public session.

Cook also suggested this commentator was only looking to "sensationalize" issues, and added that doing so "was not going to make some board members happy." Her comment was taken as the threat it was obviously meant to be.

If bringing attention to possible inappropriate actions by the board is sensationalizing, yours truly pleads guilty. It's time the majority on this board stopped treating association members like children needing protection from the facts of Ocean Pines politics. It's time for unnecessary secrecy to end. It is time for every board member to realize that after an election the electorate does not suddenly become stupid and board members brilliant.