STOP the NDAs! Major Development Decisions Require Public Participation

JOHN F. BARR, President Washington County Commissioners; JEFFREY A. CLINE, Vice-President of Commissioners; RANDY WAGNER, Commissioner; RANDAL LEATHERMAN, Commissioner; NEIL PARROTT, Commissioner; William B. McIntire. Hagerstown Mayor; Kristin B. Aleshire

Stop the NDAs! before the County commits money, infrastructure, contracts, or political support they need to consult with the public.

Our Community Deserves a Say Before Officials Make the Deals

Washington County says residents should help plan our community’s future. But both County and Hagerstown officials have put secrecy ahead of public participation in their dealings with data center developer Diversified Capital. Their deceptive conduct has shown us that neither government can be trusted to negotiate these deals without community involvement and public scrutiny. Residents deserve answers before officials make commitments affecting our utility bills, water supply, taxes, infrastructure, and neighborhoods.

Hagerstown and Washington County officials under confidentiality agreements with Diversified Capital include:

  • John Barr, President of the Washington County Commissioners
  • Jeff Cline, Washington County Commissioner
  • Randy Leatherman, Washington County Commissioner
  • Randy Wagner, Washington County Commissioner
  • Michelle Gordon, Washington County Administrator
  • Jonathan Horowitz, Washington County Director of Business Development / Steering Committee for the Data Center Alliance of Maryland
  • Bill McIntire, Mayor of Hagerstown’
  • Kristin Aleshire, Hagerstown City Council
  • Caroline Anderson, Hagerstown City Council
  • Erika Bell, Hagerstown City Council
  • Tiara Burnett, Hagerstown City Council
  • Sean Flaherty, Hagerstown City Council
  • Scott Nicewarner, Hagerstown City Administrator
  • Jill Thompson, Hagerstown Director Department of Planning& Economic Development

These projects could affect our electricity bills, water supply, taxes, roads, and neighborhoods for decades. We should not have to file public records requests and pay for documents to discover what our own representatives are discussing with developers. By the time residents learn what is happening, negotiations, infrastructure planning, and commitments may already be underway.

We should not have to file public records requests and pay for documents to discover what our representatives are discussing with developers. Our petition demands meaningful public participation before Washington County makes major development decisions and commitments. The County asked for our input on its 2040 Comprehensive Plan because these decisions affect everyone. That responsibility does not disappear when a developer wants secrecy.

Sign the petition and then join us at Hagerstown City Hall at 6:45 p.m. on Tuesday, October 27, for the data center annexation hearing. We need residents from across Washington County there, demanding answers before officials make decisions we will have to live with.

To: JOHN F. BARR, President Washington County Commissioners; JEFFREY A. CLINE, Vice-President of Commissioners; RANDY WAGNER, Commissioner; RANDAL LEATHERMAN, Commissioner; NEIL PARROTT, Commissioner; William B. McIntire. Hagerstown Mayor; Kristin B. Aleshire
From: [Your Name]

To the Washington County Board of County Commissioners and the Hagerstown Mayor and City Council:

We, the undersigned, call on Washington County and the City of Hagerstown to adopt enforceable policies requiring public notice, disclosure, and meaningful public participation before either government makes significant commitments supporting major development projects. Residents deserve to know what their government is considering and have an opportunity to be heard before officials commit public money, utility capacity, infrastructure, or other public resources.

Major developments, including data centers and detention centers, can affect our homes, water supply, utility bills, taxes, roads, environment, and emergency services for decades. Public participation must happen while residents can still influence the outcome. A hearing after consequential commitments have already been made does not meet that standard.

We ask both governments to require:

Early public notice and disclosure. Publish the proposed use, location, scale, developer or applicant, and government assistance under consideration before making significant commitments.

Public access to information about costs and impacts. Release available, nonprivileged records describing electricity demand, water consumption, wastewater capacity, traffic, environmental impacts, emergency-service needs, proposed public spending, and potential costs to taxpayers and utility customers. Identify missing studies and unanswered questions.

A public hearing and meaningful comment period before commitments. Give residents adequate time to review the information and provide written and oral comments before approving major project-related agreements, infrastructure commitments, utility allocations, subsidies, or other consequential support.

Limits on nondisclosure agreements. Stop using NDAs to conceal consequential government commitments or prevent meaningful public participation. Any necessary confidentiality must be narrowly limited in scope and duration. Disclose the agreements and parties to the extent permitted by law, and release information that is not legally protected.

Public votes and a permanent public record. Vote publicly on significant commitments after the disclosure and participation process. Publish the materials considered, comments received, final agreements, and an explanation of how officials addressed residents’ concerns.

These policies should establish clear, objective thresholds for major developments based on acreage, building size, resource demands, public costs, and potential community impacts. They should cover each government’s role in a project, including annexation-related agreements and joint infrastructure planning, so residents receive information about the full proposal and its cumulative effects.

We ask the County Commissioners and the Mayor and City Council to place this proposal on their public agendas and vote on adopting these protections. The people who will live with the consequences deserve a meaningful voice before their government makes commitments on their behalf.