EMMITSBURG, Md. – Thurmont Attorney Rosemary McDermott, representing former town Commissioner Arthur Elder in his suit against certain town administrators and boards, is seeking access to tapes produced during the 2004-05 ethics investigation.

Elder filed suit in the circuit court for Frederick County on Nov. 23, 2005, seeking $5.4 million in damages he claimed resulted from the town ethics investigation. The investigation determined that Elder had violated the town ethics code.

A U.S. district court judge reviewing constitutional issued alleged in the suit in April 2006 rejected Elder’s due process-related claims, and dismissed a claim that the town should pay the commissioner’s legal fees.

The remaining allegations were remanded to Frederick Circuit Court.

“We have asked for the tapes of the ethics investigation but the defendants’ defense counsel asked the court to give them a protective order,” said McDermott.

She told The Dispatch on July 27, “We’re telling the courts they (the tapes) are public information and that there were so many irregularities (in the ethics investigation) the tapes may resolve some of the issues.”

McDermott said she had called the week of July 17 for a timeframe “but it (the case) had just gone up to the judge. I’m hoping we get an order fast so we could get the tapes.”

An investigation was conducted beginning in December 2004 into the conduct of two town commissioners, including Elder, based on complaints received by the town ethics commission. In April 2005, the town ethics commission issued its findings that Elder had violated the town’s ethics code. State’s Attorney Scott L. Rolle later determined that the violations were not criminal.

Elder sent a letter to the mayor and commissioners in October stating he wanted the town to “admit that the Emmitsburg Ethics Committee (commission) acted outside the scope of its responsibilities,” and he wanted the town to: admit the ethics report was “tainted by bias; apologize to him for “the abuse to which I was subjected; and, “compensate me for damages.”

The letter went on, “I shall be seeking compensation for the injuries suffered as a result of the ethics report … following an illegal investigation. …”

In November 2005, Elder filed a lawsuit in Frederick County Circuit Court against the mayor, ethics commission and board of commissioners seeking $1.2 million in damaged from the mayor (individually and in his official capacity), $1.2 million against ethics commission Chairman Patrick “Ted” Brennan (individually and in his official capacity), and $3 million against all the defendants.