ANNAPOLIS, Md. 鈥� The former Maryland Environmental Service director of operations and strategic partnerships invoked his right against self-incrimination more than 100 times, disappointing legislators during Thursday鈥檚 joint committee investigation of a severance payout to the agency鈥檚 former director, who was also briefly Gov. Larry Hogan’s chief of staff.
Documents indicated Matthew Sherring, according to the Maryland General Assembly鈥檚 Joint Committee on Fair Practices and Personnel Oversight documents, was hired by the state agency at the behest of ex-Director Roy McGrath in 2017, though the position was never formally advertised.
When Ward B. Coe, an attorney for the General Assembly, asked Sherring about his former position title, how he was hired into the environmental service and to whom he reported, he began invoking his right against self-incrimination.
鈥淭hese are basic questions,鈥� Del. Erek L. Barron, D-Prince George鈥檚, and Sen. Clarence K. Lam, D-Baltimore and Howard counties, each complained at the end of the 2陆-hour hearing.
During Sherring鈥檚 tenure, records show he often traveled with McGrath to national and international conferences, burning through over $91,000 of taxpayer funds in a little over three years, while former Directors Jim Harkins and John O鈥橬eill each spent a fraction of that amount during more than 11 years of service at MES.
Sherring remained director of operations until terminated in August by acting Director Charles Glass, though no reason was stated in the letter displayed during Thursday鈥檚 hearing.
Despite hours of questioning, nothing new was learned regarding whether the Republican governor knew about McGrath鈥檚 questionable severance payout of over $233,000 upon leaving his director position to become Hogan鈥檚 chief of staff in June.
Agency board members, the former deputy director and others stated, either in documents or in testimony before the joint committee, that McGrath indicated Hogan was aware of and approved the sizable severance amount.
However, Hogan told reporters during an August press conference that he didn鈥檛 know anything about the payout, and in a Sept. 23 letter to Senate President Bill Ferguson, D-Baltimore, and House Speaker Adrienne Jones, D-Baltimore County, stated his office was auditing and seeking to reform the 鈥渜uasi-governmental鈥� agency.
McGrath resigned his position as chief of staff days after news of the payout became public. He lasted on the job around 11 weeks.
鈥淢cGrath used MES as a slush fund,鈥� Lam said after watching Sherring repeatedly decline to explain requests for reimbursement for conferences and other expenses seemingly unrelated to his duties or made on McGrath鈥檚 behalf after his June 1 departure from the agency.
鈥淗ow do we go back to our constituents and justify these expenses?鈥� Lam asked.
Both Sherring and McGrath were subpoenaed to appear before the committee by a unanimous and bipartisan vote of the legislative policy committee on Sept. 23 to answer questions relating to McGrath鈥檚 hefty severance payout.
Committee records show former Directors Harkins and O鈥橬eill each received payouts upon retirement consistent with the agency鈥檚 policies; however, McGrath鈥檚 request raised flags with the agency鈥檚 board, particularly after receiving an email on July 22 from retired Deputy Director Beth Wojton stating her concerns.
In the email to the board submitted weeks after her retirement, Wojton stated that 鈥渄uring the short time period where I had assumed the duties of director, MES reimbursed the previous director for approximately $50,000 in expenses鈥� and that those 鈥渆xpenses were not submitted to me nor did I authorize payment.鈥�
The payout later raised concerns with lawmakers not only due to a pattern of expenses billed to taxpayers for thousands of dollars, but also for edits by Sherring and McGrath to agency board meeting minutes concealing 鈥渞eferences to the board鈥檚 approval of McGrath鈥檚 severance payment,鈥� according to committee documents.
The edits were eventually rejected by the board for being inconsistent with state Open Meetings Act requirements.
Lam and Barron were also interested in what Sherring knew about McGrath鈥檚 appointment to Hogan鈥檚 COVID-19 response team in March.
鈥淎ccording to the governor, he spearheaded efforts with Operation Enduring Friendship,鈥� Barron stated, asking if Sherring had information about this assignment.
Lam followed up with specific questions regarding McGrath鈥檚 involvement in the procurement of South Korean COVID-19 test kits.
Sherring declined to respond to these questions as well, though they may have been more of a preview of McGrath鈥檚 questioning scheduled for next week.
鈥淭oday, we had a high-level, politically connected employee who won鈥檛 answer basic questions,鈥� Barron said at the conclusion of a long and fruitless hearing. 鈥淎nd yet we鈥檝e seen as presented by counsel, Mr. Sherring and Mr. McGrath took great advantage of their state employment 鈥� perhaps wasteful and fraudulent advantage.鈥�
Lam said he was also 鈥渄isappointed with the lack of candor鈥� from Sherring regarding his position or excessive expenses, stating, 鈥淚n the court of public opinion, you all represent what is wrong with state government鈥� and this 鈥渞educes public trust.鈥�
McGrath is expected to testify at the joint council鈥檚 next hearing scheduled for Wednesday.
