Ethics complaint claims Mayor Keller told 'terrible lies.' 'Absolutely unfounded' she says

A fight is brewing between an addictions worker who claims Hagerstown Mayor Emily Keller used her position to discredit him and Keller who said she is welcoming a hearing so she can demonstrate the claims are false.

Robert Zellner alleges in a complaint filed with the City Ethics Commission that Keller made several attempts to remove him from his job or have action taken against him in his positions.

The case is further complicated because Zellner's attorney is questioning whether his client can get a fair hearing from the ethics commission because of possible ties commission members might have to Keller.

Who is Robert Zellner?

Keller and Zellner have backgrounds in substance-abuse prevention work. Keller has been active in Washington Goes Purple, a campaign to bring attention to opioid addiction in the county, and Zellner is a former heroin addict who turned his life around to help others facing similar circumstances.

He participated in a Voices of Resilience presentation by the Washington County Health Department in 2017 and was honored by Gov. Larry Hogan in 2019 for being an outstanding volunteer advocating for change.

In his ethics complaint obtained by Herald-Mail Media, Zellner said he has known Keller since his childhood and was involved in Washington Goes Purple. But Zellner said he later decided to separate himself from the campaign and felt the split was amicable.

Zellner said he's learned over the past year that Keller didn't feel the same and claims she has "spewed terrible lies" about him to people the substance-abuse recovery community, according to his complaint.

On Sept. 5, Zellner said he was contacted by a staff member at ADAC, a substance-abuse recovery group for which he did contract work. Zellner said the staff member told him that Keller called her to complain about how Zellner was helping to lead group sessions. Keller told the staffer that she wanted Zellner "censored or removed," according to the complaint.

Previously:Hagerstown mayor named to governor-elect's transition team

"Mayor Keller placed this call in her capacity as mayor, hoping that the prestige of her position would pressure and persuade ADAC to remove me from employment," Zellner said.

Zellner said in his complaint that on Sept. 27, his boss at Justice and Recovery Inc. was contacted by Brooke Grossman, who recently won election to the local Maryland House of Delegates Distrtict 2B seat. Justice and Recovery helps children, families and loved ones of incarcerated or formerly incarcerated people who suffer from mental illness and substance abuse.

Grossman called Zellner's boss to "bad mouth" him and ask that action be taken against him, the complaint said. Zellner said a mentor of his contacted Grossman about her conversation with Zellner's boss.

Grossman responded by saying she had been "contacted and directed by Mayor Keller" to contact Justice and Recovery and complain about Zellner.

"Brooke stated she knew that it was a mistake after she did it and contacted mayor Keller and told her she did not want to be involved further," Zellner said.

Grossman was running for the local delegate seat at the time and was seeking Keller's endorsement, Zellner said. Keller knew she had control over Grossman due to her position, he said.

Herald Mail series:The two sides of downtown Hagerstown. Which one will prevail?

The role of the City Ethics Commission is making sure city elected officials comply with a code of ethics. In his complaint, Zellner said Keller's use of her position as mayor to take action against him violates section 33-3 E (1) (2) of the code.

Keller: Complaint 'an attempt at character assassination'

Contacted by phone Wednesday, Keller said Zellner's allegations are "absolutely unfounded and an attempt at character assassination."

"The ethics commission will hear my entire comments when they meet, and I am confident and welcome the opportunity to provide my side at that appropriate time," Keller said. "Character assassination in how this was leaked speaks for itself."

Keller declined to answer more questions.

When will the case be heard?

Attached to the complaint is an Oct. 5 "cease and desist" notice that an attorney for Zellner addressed to Keller. Highland, Md., attorney Kristina Caudle referred to "unwarranted harassment activities" Keller directed at Zellner and instructed the mayor to stop. Caudle told Keller that failure to comply with the notice "will leave my client no alternative but to pursue any and all legal remedies."

City Clerk Donna Spickler confirmed Wednesday that an ethics complaint had been filed with the city. It's set to be heard by the ethics commission on Feb. 6 at City Hall, she said.

Zellner is now represented by attorney Carl Somerlock, who said he took over because Caudle is not a trial attorney. Somerlock said he is raising a number of fairness issues in the case, including a Dec. 20 appointment to the ethics commission, 13 days after Zellner filed his complaint.

Herald Mail series:'We got to clean this place up': Residents vent over addiction, crime, loss of place

Somerlock said during a Dec. 20 Hagerstown City Council meeting, Jessica Scott, who he described as a friend of Keller's, was appointed to the ethics commission. He said more than one name is to be considered for vacancies on the ethics commission.

Conflicts of interest?

Somerlock said he also contacted City Attorney Jason Morton due to Somerlock's concern about whether the three other members of the ethics commission have ties to Keller and as a result, would have a conflict of interest in hearing Zellner's case. Somerlock said he's prepared to hold a hearing and call witnesses to make the determination and mentioned the possibility of a specially appointed committee to hear Zellner's case.

Somlerlock said Morton told him he has a conflict of interest in the case because of his work representing the city and would get back to Somerlock about someone else who would be able to handle legal procedures surrounding the case.

Somerlock said he can't vouch for everything in Zellner's complaint, but added he knows one thing: "He wants a fair hearing and the city is doing everything it can not to give him one."

Morton and Grossman could not be reached for comment.

Somerlock said he's dealing with some health issues and has talked with attorney Ira Cooke about him possibly taking on Zellner's case. Cooke said Tuesday night he's evaluating his involvement.

Herald Mail series:'It's real and you have to deal with it': Downtown confronts addiction, other ills

It's the second time there's been a case before the ethics commission involving Keller.

In 2017 when she was a member of the city council, Keller requested an opinion from the commission about whether $9,948 in cash she won in a firefighters fundraising event constituted a conflict of interest because the city at the time was negotiating a contract with the firefighters union that held the fundraiser.

The ethics commission issued a nonbinding opinion that stated that, while accepting the money as a "prize" would not violate the city charter, Keller should “strongly consider” donating the money won at the Bonanza Extravaganza out of an “abundance of caution, perception.”

Background:Panel: Hagerstown councilwoman did not violate ethics law by winning prize

Keller decided to use the money to purchase a home for herself and her daughter. At the time, she said as a 31-year-old mother and small business owner, a cash prize of that size is a life-changing event and anyone would be hard-pressed to find someone who disagrees.

Keller won a car in the fundraiser, but chose to receive a $9,948 cash payout instead.

This article originally appeared on The Herald-Mail: Hagerstown mayor Keller gets ethics complaint from city man