Bennett ethics case

Aberdeen Mayor Mike Bennett, shown speaking at a Veterans Day ceremony last fall, has asked a judge to overturn an unfavorable 2011 ruling against him by the city's ethics commission. (MATT BUTTON | AEGIS STAFF, Patuxent Homestead / November 11, 2012)

A Harford County Circuit Court judge heard arguments Tuesday from the attorneys for Aberdeen Mayor Mike Bennett and the city's ethics commission over a disputed unfavorable ruling the panel issued against the mayor in 2011.

Bennett has accused the commission of unfairly tarnishing his reputation by "admonishing" him for the trip he took to Augusta, Ga., at the behest of Ripken Baseball in 2011. The company owns the Aberdeen IronBirds minor league team and is the sole tenant of the city-owned Ripken Stadium.

Judge Stephen Waldron noted as a disclaimer that he is an IronBirds season ticket holder, but he has no connection to the Ripkens. The judge also said he once represented the City of Aberdeen in a case more than 30 years ago.

"I see this really as a singular issue, the one finding by the commission," Waldron said.

Elissa Levan, Bennett's lawyer, told the judge he should dismiss the commission's finding that the mayor used the privilege of office to benefit a third party.

She said everyone agrees there was no gain to the mayor, his family or friends and no one could find "a single shred of evidence" that any private party benefited from the October 2011 trip, paid for by Ripken Baseball.

Bennett had not reported the trip to city officials or the commission beforehand and has since said he did not believe such reporting was necessary under the law.

At the time of the trip, Ripken Baseball was trying to persuade Augusta city officials to build a new stadium for the GreenJackets, a team then owned by Ripken Baseball. Ripken Baseball has since sold the GreenJackets, but continues to own the IronBirds and the Charlotte Stone Crabs in Port Charlotte, Fla.,

Bennett has previously acknowledged he spoke positively about the city's relationship with Ripken Baseball and the stadium during the few hours he spent in Augusta.

Levan told Waldron the ethics commission violated its own procedure, was forced to retract some of the charges and then struggled to find "something, anything" to pin on Bennett.

She also said Patrick McGrady, who unsuccessfully ran against Bennett in the 2011 mayoral race and filed the original complaint against the trip, had motives that were "entirely politically motivated."

McGrady was not at the hearing Tuesday. Three of the ethics commission members were in attendance. Their lawyer, Kevin Karpinski, said member Jesse Shanks had a death in the family and could not attend.

Levan said McGrady's accusation was used only to "disparage and besmirch" the mayor.

"To a man who has dedicated his life to public service, this is more than a slap on the wrist," Levan said of the commission's admonishment.

Waldron appeared to agree, saying he "totally" gets "the emotional impact of dragging this around behind you the rest of your life."

Levan said it comes down to a difference of opinion about the commission's scope of authority and the issue of motivations.

"We would maintain that it was the mayor's intention to benefit the city because Ripken Baseball is the city's primary economic driver," she said.

The lawyer said the trip itself was "extremely burdensome" for the mayor and the uproar after he returned made him feel like "no good deed goes unpunished."

Waldron added that Bennett bought his own lunch, so it was not as though he got a guided tour around Augusta.

Levan noted that after the commission was asked to rescind its negative opinion, the members refused.