Confirmation of law-breaking by the Stephen Austin for Board of Education Campaign

This morning, Victor Salazar of the Montgomery County Department of Permitting Services sent me this Political Sign Guidance for Candidates and Campaigns, which as noted in the e-thread below, has been sent to all Board of Education candidates.  Mr. Salazar informed me that he "sent Mr. Austin a set of these guidelines.  Moreover, he is given a compliance deadline of this Friday, May 15, 2020, to either remove or reposition his campaign signs in accordance with the attachment or be subject to the issuance of civil citations for each occurrence [emphasis added]."  Last Thursday, on May 7, Mr. Salazar advised me that he "will have our inspector reach out again, as well as myself, to remind Mr. Austin of the regulations and potential enforcement action if the violations persist." Mr. Austin himself has been aware of these violations since May 1, at the earliest, when they were pointed out in a Maryland Matters Guest Commentary, to which Mr. Austin responded -- but did not discuss the illegal sign-posting.

Note that Mr. Austin's Campaign could be liable for $500 per illegally-posted sign.

Mr. Salazar's e-mails were sent to me in response to my April 29 complaint about  Mr. Austin's illegal sign postings in Olney. (The pictures included with my complaint may be found here:  https://davidfishback.blogspot.com/2020/04/illegally-posted-signs-on-georgia.html)  Other complaints have been filed.  These signs have been proliferating all over the County.

Guidelines referred to in Victor Salazar's May 11, 2020 email, and presented to all BOE candidates, including Stephen Austin

---------- Forwarded message ---------
From: Salazar, Victor <Victor.Salazar@montgomerycountymd.gov>
Date: Mon, May 11, 2020 at 11:18 AM
Subject: RE: Status of Complaint No. 200073456 -- Illegal campaign sign on public rights of way
To: David Fishback 

Mr. Fishback,

Our office has been coordinating with the Board of Elections to insure all political candidates are adhering to County zoning laws, regulations and codes regarding the placement of campaign signs in the public-right-of-way.  To that end attached, herewith, is a set of guidelines we transmitted to the Board of Elections last Friday.  They are now transmitting these guidelines to all political candidates.

In addition to Mr. Austin receiving a set of guidelines through the Board of Elections, this morning, I sent Mr. Austin a set of these guidelines.  Moreover, he is given a compliance deadline of this Friday, May 15, 2020, to either remove or reposition his campaign signs in accordance with the attachment or be subject to the issuance of civil citations for each occurrence.

Victor Salazar, Program Manager II

DPS – Zoning & Site Plan Enforcement

Montgomery County Government

From: David Fishback
Sent: Monday, May 11, 2020 10:00 AM
To: Salazar, Victor <Victor.Salazar@montgomerycountymd.gov>
Subject: Re: Status of Complaint No. 200073456 -- Illegal campaign sign on public rights of way

[EXTERNAL EMAIL]

Mr. Salazar,

I keep getting reports that the Austin campaign violations are escalating. See, for example, the attached picture. 

Could you please let me know the date of when your office notified the campaign, and the documentation for that notification?

Thank you. 

David Fishback

On Thu, May 7, 2020 at 3:45 PM David Fishback <> wrote:

One more thing.  Could you provide me with the date the Austin Campaign was first informed of the violations by your office? (If there are dates of notifications to other BOE campaigns, I would appreciate those, too, so that I do not unfairly single out anyone.)

Thank you, so much.

David Fishback

On Thu, May 7, 2020 at 3:32 PM David Fishback <f> wrote:

Mr. Salazar,

 I certainly understand your staffing situation. It may be that the only timely way to secure compliance is to shame the offenders. 

Thank you for confirming that the Austin campaign has been notified by the County concerning their violations. 

David Fishback

On Thu, May 7, 2020 at 3:08 PM Salazar, Victor <Victor.Salazar@montgomerycountymd.gov> wrote:

Mr. Fishback,

This is to confirm that DPS has reached out to the Stephen Austin campaign and provided guidance on the installment of campaign signs.

Additionally, we’ve contacted the Board of Elections and are issuing guidance through them to all political campaigns related to unpermitted posting of signs in the County Right-of-Way.

Guidance to all political campaigns includes the following:

• Installment of campaign signs in public rights of way is prohibited.
• Campaign signs can only be installed on private residential and commercial properties with the consent of the owner.
• If remanded by DPS campaign signs must be removed by the candidate, campaign staff or volunteers.
• There are four polling sites designated by the Board of Elections.  Campaign signs maybe installed at these sites until polling sites close at the conclusion of primary or election voting.
• Non-compliance with the county code may result in the issuance of a civil citation with a fine of $500.

DPS has no control over whether a candidate, their campaign staff or volunteers, choose to violate the County code intentionally or through ignorance.

Mr. Austin is not the only candidate who has been found to violate the county code.  A few years ago DPS issued a Notice of Violation to the David Trone campaign for similar actions.

I will have our inspector reach out again, as well as myself, to remind Mr. Austin of the regulations and potential enforcement action if the violations persist.

Lastly, DPS, is not equipped nor is the agency that cleans, restores and maintains the public right-of-way.  Our office does not have the manpower nor the proper safety equipment to dispatch staff to remove signage on public roads and state highways that run through the county.  Sign violations are a very small subset of Zoning Ordinance regulations enforced by a staff of 5 people providing coverage to the whole county.

Thanks in advance for your continued patience.

Warmest regards,

Victor Salazar, Program Manager II

DPS – Zoning & Site Plan Enforcement

Montgomery County Government

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For more information, see https://davidfishback.blogspot.com/2020/05/fomenting-fear-and-division-in.html