The Havre de Grace Ethics Commission has dismissed a complaint alleging illegal activity by Mayor Bill Martin and members of his staff, stating that, because an article was published in The Aegis about the complaint, the “harm caused to the reputation of the individuals will live forever, regardless of the outcome of the Ethics Commission handling the complaint.”

The city considers all formal ethics complaints confidential until its ethics commission reviews and rules on them. However, The Aegis received a copy of the complaint against the mayor from a source who asked to remain anonymous for fear of retaliation.

Tim Bourcier, the city’s director of planning, had filed the ethics complaint outlining two alleged instances when Martin; Adam Rybczynski, the mayor’s senior aide; and City Attorney April Ishak attempted to coerce Bourcier into violating city law for the benefit of Martin’s sister and a funeral home for whom Ishak serves as legal counsel.

The ethics commission issued a letter of dismissal on Dec. 24. Bourcier has since appealed the case in Harford County Circuit Court, making the dismissal letter public record.

In the letter, the ethics commission speculates that Bourcier was responsible for giving the confidential report to The Aegis as he is “the only person in legitimate possession of the complaint who potentially benefitted from its disclosure.”

The letter states the commission has no evidence Bourcier leaked the letter, but because the complaint was made public before an official ruling, it would dismiss the complaint altogether.

“The commission wishes to express in no uncertain terms that this type of conduct will not be tolerated. As a consequence of the egregious breach of the requirements of [city code], the ethics commission has determined to dismiss the complaint,” the letter states.

Earlier this month when The Aegis asked Martin for a comment on the ethics complaint against him, he requested a copy of the leaked document as it would “tell me who sent it to you.”

“Only three people had that packet so is there any way you could send me what you have?” he said. “You don’t have to give me a name … I just want to know what you have because that will tell me who sent it to you, basically.”

The Aegis declined to provide the document on the basis of source protection.

“Source protection is key,” said Rafael Lorente, dean of the Philip Merrill College of Journalism at the University of Maryland. “People rightfully feel their livelihoods, their reputations and their futures could be on the line if they talk to a journalist, so it is absolutely critical for us to protect sources.”

Lorente, who has reported on politics at The Miami Herald and The Florida Sun Sentinel, said the role of journalists in confidential matters is to reveal how leaders and government work and don’t work. Unless a reporter commits a crime or exercises poor ethics to get information, they have an obligation to inform the public and protect the sources who entrusted them with information.

When asked to comment on the complaint’s dismissal, neither Martin nor Bourcier responded.

During a special session on Dec. 19, the city altered its rules and procedures for ethics complaints by eliminating the right for opposing parties to cross examine witnesses — something that would have been crucial in Boucier’s hearing, which had been scheduled for Dec. 30. The hearing was canceled after the commission dismissed Boucier’s complaint.

The new adopted code now only allows cross examination of witnesses to be done “by members of the commission or its counsel.”

Also during the Dec. 19 meeting, Ishak recused herself from serving as the commission’s legal adviser as she is named in the complaint. Elissa Levan, legal counsel representing the city, on Monday filed a motion in Harford County Circuit Court to seal documents from the appeal case.

A date for Bourcier’s appeal in the Circuit Court of Harford County has not been set.

Have a news tip? Contact Matt Hubbard at mhubbard@baltsun.com, 443-651-0101 or @mthubb on X.