Merry Christmas from Delegate Beitzel

My family and I want to extend best wishes to your and yours this holiday season. We hope you have a very Merry Christmas and a Happy New Year.

During this special time of year, it’s important to be grateful for the people and things dear to us. I have the great fortune of working for the citizens in District 1A, as well as working with other members of the General Assembly and the Administration. This great opportunity to serve is something I truly appreciate as my family and I give thanks for a successful year.

The efforts of staff and concerned citizens have enabled us to serve our constituents and to address the many concerns and problems during troubling economic times. From the bottom of my heart, thank you for all your hard work that makes our mission possible.

Thanks to all of you that have afforded me the opportunity to serve you in Annapolis and here in my district. The coming year holds many opportunities as well as many challenges for our region and the State. I am excited to be working side by side with you to accomplish our goals.

As you enjoy the Christmas season, my family and I encourage you to be thankful for the gifts that truly matter: freedom, faith, family, friends and the special joys in all our lives.

With warmest personal regards, we wish you a Merry Christmas and a prosperous New Year.

Other Recommended Tax & Fee Increases

As reported, below, the Blue Ribbon Commission on Maryland's Transportation Funding has recommended a number of fee increases to be considered during the 2012 legislative session. I also wanted to provide you with a list of other recommendations made by other panels.

Proposal from the Governor’s Commission on Sustainable Growth

Increase in Bay Restoration Fee

In total 200% increase from $30 per year to $90 per year by FY ’15 (July 2014). In FY ’13 (July 2012) a 100% increase from $30 per year to $60 per year. In FY 15 a 50% increase from $60 per year to $90 per year. Indexing to inflation beginning in FY 16 with a cap of 3% per year

Toll Increases (Approved by the Transportation Authority 9/22/11)

Key Bridge/Fort McHenry Tunnel/ Harbor Tunnel 50% increase from $2 both ways to $3 both ways effective November 1 33% increase from $3 both ways to $4 both ways effective July 1, 2013. Total increase 100% from 2011 to 2013.

JFK Memorial Highway Section of I-95/Thomas J. Hatem Memorial Bridge 33% increase from $6 to $8 effective July 1, 2013

Bay Bridge 60% increase from $2.50 to $4 effective November 1. 50% increase from $4 to $6 effective July 1, 2013 Total increase 140% from 2011 to 2013

Harry W. Nice Bridge 33% increase from $3 to $4 effective November 1. 50% increase from $4 to $6 effective July 1, 2013. Total increase 100% from 2011 to 2013

When Marylanders are still struggling to get by, the last thing they need is another fee, tax, or toll increase thrust on them. Let your voice be heard. E-mail me your thoughts at: delegatebeitzel@gmail.com.

Blue Ribbon Commission Recommendations Released

Recently, the Blue Ribbon Commission on Maryland Transportation Funding released a report detailing recommendations for the Maryland General Assembly.

Here is a list of the notable changes:

A total 15-cent gas tax increase, phased in over three years. The commission believes that at the end of the phase-in, the increase would bring in $491 million annually.

A 50% increase in vehicle registration fees, which would raise $165 million a year. Increasing the titling tax rate from 6% to 6.5%. This would bring in $69 million a year.

Doubling the fee for emissions testing from $14 to $28. This would raise $22 million a year.

Increasing miscellaneous MVA fees, which would bring in $34 million annually.

Increasing MTA fares and ending funding of free rides out of the transportation trust fund. This would earn $25 million a year.

Indexing gas tax increases to inflation after three years, so the new funds keep pace with the economy.

MGA Approves O'Malley's Redistricting Plan

Today, the Maryland House of Delegates voted 91-46 to approve Governor O'Malley's Congressional redistricting plan (SB 1). Among the highlights, the new 6th Congressional District would include Garrett, Allegany and Washington Counties in their entirety. A portion of Frederick County, which includes Frederick city, will continue to be included within the 6th Congressional District, and now a portion of Montgomery County will also be included.

The map is available at: http://planning.maryland.gov/Redistricting/2010/congDist.shtml.

 

Though there are technical issues that still must be approved by the Maryland Senate, there does not appear to be much impediment to the plan being signed into law by the Governor. There have been those who have recently alleged that the plan may illegally "racially gerrymander" Maryland's Congressional Districts in violation of the Equal Protection clause of the 14th Amendment. That battle, it appears, will be fought in the courts.

MDPetitions.com collects over 60,000 signatures against illegal immigration bill

THE FOLLOWING IS FROM MDPETITONS.COM Annapolis, MD – MDPetitions.com turned in 62,496 signatures into the Maryland Secretary of State last night at 11:17 PM in an effort to stop SB 167, the bill that provides in-state tuition benefits to illegal aliens, from becoming law and allowing Maryland voters to decide the issue in the November of 2012 elections.  The first third of the minimum 55,736 valid signatures were due on the last day of May and the remainder of the signatures are due by midnight on June 30

Delegate Neil Parrott, Chairman of the petition drive, said today that “We are overwhelmed by support from Marylanders across the state.  They have gone online at www.mdpetitions.com to sign the petition and volunteers across the state are collecting signatures to let Maryland voters decide this issue.”  Delegate Parrott went on to say, “When we started this petition drive, we knew that Maryland voters wanted more financial responsibility in Annapolis and the enforcement of our immigration laws.  This number of signatures, at this point in the petition drive far exceeds our expectations.” 

Asked why people are signing is such large numbers Delegate Parrott indicated that “This bill doesn’t make sense financially or legally, and people are glad to be able to do something about it.” The next and last deadline to turn in signatures is midnight on June 30^th. 

MDPetitions.com will continue to collect signatures through the month of June and has set a goal of over 100,000 signatures.  The Board of Elections website indicates that referendum petition efforts like these need to have over 30% more than the required number of signatures because of how many are invalidated.

Delegate Neil Parrott, said, “Volunteers across the state have been working for six weeks collecting signatures with momentum building to this day.  The more Marylanders learn about SB 167, the more they want to sign the petition to stop the bill and let the voters decide in November of 2012.”

BEITZEL INTRODUCES "BUY AMERICAN" BILL

Today, Delegate Wendell R. Beitzel (R-District 1A), introduced his first bill for consideration during the 2011 session of the Maryland General Assembly. House Bill 12, dubbed by Delegate Beitzel as the “Buy American bill” would require State agencies to purchase American-made uniforms, as well as safety equipment and protective accessories. The measure, which was introduced late into the 2010 legislative session, will once again be assigned to the House Health & Government Operations Committee.

“This is a jobs bill, plain and simple,” stated Delegate Beitzel. “We as Maryland’s legislators need to do anything and everything we can to foster jobs.”

There are at least 20 states that have some form of “Buy American” purchasing preferences. Beitzel’s introduction of the bill stemmed from a request from Fechheimer Manufacturing located in Grantsville, Maryland. Fechheimer employees 150 workers in Garrett County that make uniforms for state employees in states around the country that have Buy American requirements. The primary reason Fechheimer is manufacturing uniforms and other items in Grantsville are because other states have the Buy American requirements.

“With Maryland’s unemployment rate hovering around 8%, we must keep Maryland’s jobs in Maryland,” Beitzel stated.

The membership of the House Health & Government Operations Committee amended last year’s measure during the 2010 legislative session to include that committee’s membership as co-sponsors to the bill. This process is known as a “sponsor” amendment. The bill was stalled in the Senate on the last day of the session.

“The action taken by the members of the House Health & Government Operations Committee is a great sign for passage this year,” commented Beitzel.

The legislation also provides an exemption to the bill’s requirements if the quality, quantity or cost of the American made product provides a hardship on the department participating in the procurement process.

THANK YOU!

Dear Friends, Supporters and Constituents:

Thank You! I am grateful that I was given a vote of confidence in Tuesday's general election. I believe our solid showing indicates strong public support for our campaign themes of limited government, lower taxes, traditional values and good stewardship of our natural resources and the environment.

I offer my sincere thanks to all the voters who participated in the general election and to the volunteers and financial contributors who make our campaign a success.

Now, it's back to work. I have listened to your voices during the campaign. I am optimistic that, with your continued support, we will attack the problems and concerns facing our region and the state head on.

 I am honored and humbled to represent you in the Maryland House of Delegates. I have worked hard to earn your respect and trust. I will do my utmost to serve you well as your delegate here and in Annapolis.   

Again, Thank You.

Delegate Wendell Beitzel

Local Business Leader's Support for Delegate Beitzel in the Republican

I am very proud of a recently printed letter to the editor found in the October 14th, 2010 edition of the Garrett County Republican Newspaper. The letter, printed below, was submitted by local business leader, Gary Ruddell.

To the Editor:

We in Garrett County need leaders to represent us who offer real solutions that will help create jobs. The creation of private-sector Maryland jobs comes from sales minus costs that produce a growing profit. The uncertainty of business costs weighs heavily on Maryland businesses.

Our representative Delegate Beitzel fought against the 20% increase in the Maryland sales tax; against higher businesses taxes; and against a special extra tax on the most successful Marylanders. Unfortunately a majority in the Annapolis statehouse and the Governor did not see this wisdom and raised these taxes.

In his job of representing our area, Delegate Wendell helped create jobs in our community for today and more jobs in the future. He sits on the influential Maryland House Appropriations Committee and has influence with the setting of Maryland's budget.

Wendell championed a process for clarifying ownership of the dormant underground minerals. He fought vigorously the change to the Maryland coal tax credit and won the battle over time. He pushed for the permitting for the Casselman mine within Maryland environment regulations.

Wendell was not successful in his fight against adding part-time workers to the Maryland Unemployment Fund. This expansion in entitlements is funded for perhaps two years by federal funds – but the increased unemployment payouts in the future will come directly from business taxes.

Delegate Beitzel worked hard on Maryland wind-power reforms. He tried to get meaningful wind-power performance standards enacted. Wendell was successful in getting the governor to not place wind turbines on state land. Delegate Beitzel tried to get requirements that wind farm companies would bond the removal of the wind turbines if and when they stop producing energy. What vision from our representatives to ensure that a future generation not be on the hook and have to pay for today's actions!

These are a few of the legislative measures for which Delegate Beitzel has fought, along with Senator George Edwards, against the Annapolis crowd that continues to enact measures that are not good for business and are anti-job creation. I ask the public to join me in voting for Delegate Wendell Beitzel and Senator George Edwards. You, your children, and grandchildren will be glad that you continue to send delegates like Wendell and senators like George to Annapolis!

Best regards,

Gary Ruddell,

McHenry

Delegate Beitzel Receives a Number of Key Endorsements

Today, Delegate Beitzel announced a number of key endorsements for the 2010 General Election. Toping the list is an endorsement from the National Rifle Association (NRA). The NRA awarded Delegate Beitzel a rating of A. Such a rating, according to the NRA’s website, shows Delegate Beitzel is a:

 

                “Solidly pro-gun candidate. A candidate who has supported NRA positions on key votes in elective office or a candidate with a demonstrated record of support on Second Amendment issues.”

 

The NRA endorsement follows a similar endorsement from Maryland’s Tripwire, an independent newsletter dedicated to Second Amendment advocacy. The newsletter named Beitzel a “smart pick” and stated on their website, “let’s make clear we endorse the re-election of Wendell Beitzel…and will be there for [him] in the General.”

 

Beitzel has also been the recipient of a number of key business endorsements. Delegate Beitzel’s years of small business ownership and anti-tax votes in the Maryland House of Delegate have earned him endorsements from both the Maryland Chamber of Commerce and the National Federation of Independent Businesses (NFIB) top the list. Beitzel also joined a list of elected officials honored by the Maryland Business for Responsive Government with the 2010 John Shaw Award.

 

Last, but surely not least, is a key endorsement from Maryland’s Chapter of the Right to Life.

Beitzel Announces Re-Election Bid

ACCIDENT, MD — Today, Delegate Wendell R. Beitzel (R, District 1A) announced that he has filed all of the necessary paperwork with the Maryland State Board of Elections to become a candidate for the office of Delegate for District 1A.

“I have been honored to serve the people of Garrett and Allegany Counties for the past three years,” stated Beitzel. “Though we’ve done a lot, there is a real need to keep a qualified and experienced leader in the District 1 Delegate position to provide the best representation possible for Western Maryland.”

Beitzel, who began his tenure as a member of the House Health and Government Operations Committee in 2007, is now a member of the House Appropriations Committee, where he is also assigned to the Transportation and Environment Subcommittee.

As a member of the Health and Government Operations Committee, Delegate Beitzel worked with the Committee’s Chairman to secure a subsidy in 2007 to alleviate the increased cost of Medical Malpractice insurance for Garrett County’s doctors who deliver babies. Work is ongoing to seek a long term solution for this problem.

Also, Beitzel had taken the lead against a proposal to place wind turbines on state property. He has since sponsored legislation that would impose development standards for commercial wind turbines in Garrett and Allegany Counties as well as for Maryland.

“I am proud to call Garrett County my home. As such, we cannot simply give blanket approval to wind turbine development without consideration of possible negative environmental impacts and harm to neighboring properties,” commented Beitzel.

Delegate Beitzel has also stood up for gun rights in Maryland. Beitzel spoke several times during debate on legislation that would limit gun ownership. Beitzel asserted, “Though well intentioned, the practical effects of gun control legislation would lead to a deterioration of every Marylander’s Second Amendment rights.”

Beitzel has also been appointed by his peers to be the House co-chair of the Maryland Sportsmen’s Caucus, a bipartisan group representing fishing, hunting, and trapping interests in Maryland.

“The Sportsman’s Caucus supports strict enforcement of Maryland conservation laws to protect our valued natural resources, promotion of lawful hunting and fishing practices, protection of gun ownership and second amendment rights, and defense of the sportsmen’s hunting, fishing and trapping privileges” Beitzel stated.

Hunting opportunities have been protected and expanded as a result of Beitzel’s work as a Delegate. Beitzel introduce the “Share the Bear” bill to counter efforts from anti-hunting advocates from other parts of the State to eliminate bear hunting in Western Maryland.

Beitzel has vigorously opposed all efforts of the Governor to abolish the Maryland produced and utilized coal tax credit. Even though the Governor and his administration have sought to take away the coal tax credit during the budget process in the last two sessions, Beitzel’s efforts and work on the Appropriations Committee was instrumental in retaining the tax credit for the Maryland coal industry and coal fired electricity generating facilities that utilize Maryland produced coal.

Beitzel is a House member of the Veterans Caucus, which defends and promotes veterans issues and privileges. He is a veteran with military service in the US Army during the Vietnam War. He was stationed in Germany with the 485th Preventive Medicine Unit in the 7th Medical Brigade of the 7th Army. He is a member of the Vietnam Veterans of America, Chapter No. 172 in Cumberland, Maryland.

He is also a member of the Rural Maryland Caucus, which represents the cultural, educational, health and social interests of the rural areas, agricultural communities in the State. He is also a member of the Western Maryland Delegation and Garrett County Farm Bureau.

In addition to his current position as Delegate, Beitzel has a long record of service to the people of Garrett County. He is a former Garrett County Commissioner and worked for many years as Administrator of the Garrett County Sanitary District.

Beitzel is a native son of Garrett County, attended school in Accident and at Northern High School. He obtained a Bachelor’s degree in Biology from Fairmont State College, and earned two Master’s degrees, Masters in Management and a Masters in Business Administration (MBA) from Frostburg State College.

“I firmly believe that a quality education is the key to success in today’s competitive business environmental and international competition as well as positioning oneself for service in institutional settings and government service,” Beitzel remarks.

Wendell and his wife, Ruth, reside on Rock Lodge Road near Accident, MD, They owned and operated numerous businesses in Garrett County including the Starlite Motel, the Point View Inn Restaurant and Motel, and the Accident Bakery.

Ruth Beitzel also serves as a member of the Garrett County Planning Commission and the Garrett County Commission for Women. They have two children, Christopher Beitzel and Tanya Schwinabart and three grandchildren, Max, Galee, and Gage. Wendell is a lifelong member of the St Paul’s Lutheran Church in Accident, MD.

Beitzel has been active in community, civic and professional organizations his entire adult career. He is a member of the Oakland-Mt Lake Park Lions Club, former member of the Deep Creek Lions, member of the Oakland American Legion, Post 71, and the Oakland Lodge of the Fraternal Order of the Elks.

Beitzel has a strong record of service in the business community as past president and board member of the Deep Creek Lake-Garrett County Promotion Council, founding member and member of the Board of Directors of the Deep Creek Business Assn., and as a member of the Garrett County Chamber of Commerce. He also served on the Board of Directors of the former Garrett National Bank, the American Trust Bank, and Keystone Bank Advisory Board.

He currently represents the Maryland House of Delegates on the Maryland Tourism Development Board, is a member of the Upper Potomac River Commission, which oversees the operation of the Savage River Dam and the UPRC wastewater treatment plant in Westernport, and is on the Deep Creek Lake Policy and Review Board, for which he was instrumental in the creation of when he was a Garrett County Commissioner.

“By currently serving in the Maryland House of Delegates I have demonstrated that I am dedicated, qualified, capable, and work hard at doing the job,” Beitzel says. “As we enter a new and unprecedented time, we must remember that Western Maryland’s future will be determined by those with the vision and resolve to make a personal sacrifice to defend their beliefs and advance their principles.”

“During the term of my service in the Maryland House of Delegates I have developed good relationships with other delegates and with leadership on both sides of the aisle, with Senate members and with the Administration,” Beitzel contends. “You truly need to set aside politics and work together in order to get anything accomplished in Annapolis, especially when there are very few legislators in the General Assembly from Western Maryland.”

Beitzel concludes by stating, “Based on my experience and proven record of effective leadership, I am asking for and counting on the voters in District 1A to return me to office for another term”.

Delegate Wendell Beitzel Supports Veterans

Delegate Beitzel continues to demonstrate his strong support for the Maryland Veterans. Delegate Beitzel served in the U.S. Army during the Vietnam War. He is a member of the Oakland Legion Post 71, Vietnam Veterans of America, and the Oakland Fraternal Order of the Elks.

He also serves on the Veterans Caucus in the Maryland House of Delegates. He has co- sponsored the following bills introduced during the 2010 General Session in the Maryland House of Delegates that benefit veterans:

HB 201	Motor Vehicles - Renewal of Drivers' Licenses - Contractors for the Armed Forces of the United States
HB 658	Seniors Tax Relief Act
HB 663	Gaming - Slot Machines - Ownership and Operation by Eligible War Veterans' Organizations
HB 673	Hunting and Fishing - Veterans - Complimentary Licenses
HB 679	State Retirement and Pension System - Military Service Credit - Membership in the National Guard
HB 689	Natural Resources - POWs and Disabled Veterans - Exception to Trout Stamp Requirement
HB 1353	Veterans Affairs - Military Health Care Provider Transition Plan
HB 1355	State Lottery Agency - Veterans Lottery - Established

Annapolis Update

Dear Friends,

Greetings from Annapolis! The Maryland General Assembly 2010 Session has reached its halfway point. The 2010 Session started on January 13, 2010 in Annapolis. I want to take this opportunity to reach out to all the special people in District 1A and give an update on events here in the state’s capital.

It is hard to believe that more than three years have passed since the people in District 1A voted to send me to Annapolis. My wife Ruth and I are honored to have your trust as we bring positive change and leadership to the State House in Annapolis.

I want to again thank every person who played a part in giving me the opportunity to represent you in Annapolis. Make no mistake; I will be forever grateful to supporters and voters who put their trust in me to represent District 1A in the Maryland House of Delegates. I pledge not to betray that trust and am doing my best to fulfill the duties of this office with the highest integrity, and in a fair and impartial manner.

Many of you have come to Annapolis to lobby for your cause or interests. I hope to see more of you in Annapolis or in the district to hear your concerns or suggestions during the remainder of the 2010 session. I am on the Appropriations Committee where we are tackling the State's most pressing financial and fiscal challenges to complete the 2011 FY budget. Due to the economic conditions in our state and the rest of the country, we are facing some very daunting and formidable tasks and difficult choices; however, working together, we can make Maryland a better place as we seek solutions to these problems and respond to the needs of our citizens.

Once again, thank you for your trust, hard work, and commitment to a better Maryland. We can all take pride in what is being accomplished. Let me know of any concerns or feel free to give me advice or guidance on any of the bills or issues that come up during the legislative sessions.

You can contact me in Annapolis at 1-800-492-7122, ext. 3435 or 410-841-3435. You can call me anytime on my cell phone, which is 301-616-6951.

We seek God’s blessing on this Great State and our Country, and pray for the protection and safe return for those that defend it. May God bless you and your families.

Sincerely,

Delegate Wendell Beitzel

Coal Association Recognizes Beitzel

For the Cumberland Times-NewsFROSTBURG, MD — Delegate Wendell Beitzel was named a Friend of Coal at the annual Maryland Coal Association Board of Directors dinner.

The award, which recognizes business leaders and local officials alike, was presented to Beitzel for his work to ensure reliable energy in Maryland.

“I am honored to be presented with this award,” Beitzel said. “Coal keeps the lights on for Maryland and food on the table for many of my constituents. I would not be doing my job as an effective legislator without supporting the very important industry.”

Mel Remington, supervisor with the Mine Safety and Health Administration, presented Michael Moore, president and general manager of Vindex Energy Corp., the 2009 Safest Mine in Maryland Award. Remington congratulated Vindex Energy and its 42 employees of the Steyer II Mine for their outstanding safety record with no fatalities and 95,044 man-hours while producing 269,502 tons of coal.

Moore also was presented the 2009 Land Reclamation Award by Ed Larrimore, mining program manager with the Maryland De-partment of the Environment. The MDE Land Reclamation Committee recognized Vindex for outstanding mine reclamation accomplishments on a 171-acre permit near Barton that was reclaimed to pasture and woodland.

Original article (Cumberland Times-News)

Referendum Issue

Delegate Kelly has asked us to support his referendum bill. I offer the following detailed response.

After reviewing the draft bill entitled Western Maryland Code Home Rule Counties-Police Departments-Local Referendum Required I had several questions and concerns. I was troubled by provisions of the draft legislation and even though I was comfortable with my understanding of the content I chose to seek the Attorney General’s opinion on several of my concerns.

My understanding of the bill is that:

Majority vote for the referendum would uphold the actions of the Commissioners to create the Bureau of Police and to transfer road patrol duties from Sheriff’s office to the Bureau of Police effective on the 30th day following the official canvass of the votes.

Majority vote against the referendum would invalidate the actions of the Commissioners to create the Bureau of Police and to transfer road patrol duties from Sheriff’s office to the Bureau of Police, and would transfer road patrol duties back to Sheriff’s office from the Bureau of Police.

One provision of the bill would return road patrol to the sheriff on July 1, 2010 before a vote could even be held on the referendum bill in the November 2, 2010 election.

Therefore, I sent a letter to the Office of the Attorney General to seek answers to the following questions:

Question 1. Would the legislation, proposed bill 01r0846, Kelly Referendum Bill, precludes the Allegany County Commissioners (or any other Western MD classification that adopts code home rule) from taking any action to create, expand, or transfer police duties or to appoint individuals with law enforcement duties without first submitting the action to referendum?

Assistant Attorney General’s Reply: Legislation precludes the Allegany County Commissioners (or any other Western MD county that would adopt code home rule) from taking any action to create, expand, or transfer police duties or to appoint individuals with law enforcement duties without first submitting the action to referendum.

It would also prevent any future action by the Commissioners in any Western Maryland classification county that adopts code home rule to expand the number of police officers without a referendum. (Not one individual with law enforcement duties could be hired in Allegany County by the Commissioners for any purpose without a referendum to approve the action.

Question 2. If a majority of the voters are against the referendum are all actions taken by the County Commissioners in the matter of the Bureau of Police prior to July 1, 2010 null and void? If so, what happens? Would the Bureau of Police be required to shut down? Subsequently, what happens to the officers currently employed by the Bureau of Police?

Assistant Attorney General’s Reply: Under the proposed legislation (Kelly bill) a referendum on the police bureau that is already in existence, would take place at the general election in 2010. If a majority of the voters are against the referred law, is of no effect and void. It is my view, however, it become void only upon the official canvass of votes for the referendum. As of that date, there would be no legal authority for the Bureau of Police and it would be required to cease operations. No provisions are made for the current employees of the Bureau of Police, who would then be unemployed.

So if a majority of the votes cast on the question are against the referendum all provisions of any ordinance or resolution relating to the creation or expansion of a police bureau, unit or department, and all authority granted to the County Commissioners relating thereto, the Bureau of Police and all authority currently held by the County Commissioners to designate and appoint individuals with full law enforcement duties are null and void.

The bill requires that anything relating to police powers and duties that have been enacted by any County Commissioners in Western Maryland Class prior to July 1, 2010 to be submitted for a local referendum in the 2010 election.

If the majority of voters are against the referred law then the Bureau of Police would cease to exist and everyone currently working with law enforcement powers by action taken by the County Commissions would be out of a job. This would invalidate the agreement the Commissioner just entered into with Westernport.

The bill does not have any provisions to clarify what happens to the employees and their duties and responsibilities if this happens. Nothing in the bill would require the Sheriff to re-employ any of the officers.

Question 3. The proposed bill would give the Sheriff’s office responsibility for road patrol with vehicles under the control of the Sheriff’s office. As set forth in the proposed legislation, will the provisions of Courts and Judicial Proceedings S 2-309 (b)(8)(i) become law if the bill passes irrespective of the election, or is this section triggered by rejection of the referred law?

Answer: The changes to Courts and Judicial Proceedings S 2-309, which apply only in Allegany County, are not subject to the referendum provisions of Article 25B, S 13C, which relate only to creation and expansion of local police forces.

If Delegate Kelly’s bill would become law, on the effective date the Sheriff would be given full responsibility for highway and road patrol duties throughout the county by the operation of vehicles under the control of the Sheriff’s office, and given complete authority for operation and security for the detention center as of January 1, 2010, regardless of the outcome of any referendum.

In other words the road patrol duties would be transferred back to the sheriff from the Bureau of Police even before the people would have an opportunity to vote on the proposed referendum. It would not make any difference how the vote turns out. This bill, if passed into law would give full authority for these functions to the Sheriff’s Office.

Question 4. Though there are provisions that would give the Sheriff’s office further duties, or return certain duties to the Sheriff’s office, there is no mention of any funding requirements by the County Commissioners. Will the Commissioners be required to fund more than five deputies as set forth below to provide for road patrol? Will the Commissioners be required to provide the vehicles? In short, will this proposed legislation impose any further funding requirements outside of what is already established in the pertinent parts of Article 25 and the Courts and Judicial Proceedings Article, § 2-309?

Answer: Since the proposed legislation simply maintains the responsibility of the sheriff for the operation and security for the detention center at current levels, that portion of the bill should not add to the funding requirements imposed on the county.

Highway and road patrol duties raise different questions… The Court of Appeals has noted, however, that there is a degree of local control over the operation of the sheriff’s office in each county, resulting in the provisions of State law requiring county funding of sheriffs’ offices and salaries.

Whether this addition to the law adds to the overall costs will depend on whether they choose to transfer funds now going to the Bureau of Police for highway and road patrol. In addition, the determination of whether available funding is sufficient to allow the sheriff to “adequately discharge the prescribed duties may well be affected by whether or not similar services were provide by the Bureau of Police.

Position on Referendum Bill Request

Before announcing my decision on this issue I desire to elaborate on the reasons why I am taking the position I am about to take on this referendum issue.

Reasons:

Delegate Kelly defends his referendum bill with following email statements: “As a side note, the two individuals who were instrumental in drafting this Referendum Legislation were an extremely well respected Assistant Attorney General, long time, permanently assigned as Counsel to the General Assembly and an extremely well respected attorney, who is a long time Senior Bill Drafter with the Department of Legislative Services. Over a period of fourteen (14) months this Requested Referendum Legislation was extensively / exhaustedly researched, drafted and re – drafted. All the while George and LeRoy kept proclaiming such a Referendum initiative was Illegal and unconstitutional. While I am diligently putting forth my best efforts to afford the DECEIVED Allegany County citizenry a Legal / Constitutional / Democratic Referendum vote on the Sheriff / BOP ongoing controversy George and Leroy consistently pursued the undermining of my said Referendum efforts.” - Kelly quote

Another Kelly quote: “As you are aware “MY” Referendum Legislation was the product of fourteen (14) months of extensive research, more research, drafting and redrafting. Those directly involved in the preparation of this Referendum Initiative were Assistant Attorney General, Kathryn Rowe, and Senior Bill Drafter, Michael Volk. Kathy Rowe is an extremely well respected, long time, permanently assigned, Counsel to the General Assembly. Mike Volk is an extremely well respected attorney, who is a long time, Senior Bill Drafter with the Department of Legislative Services, Maryland General Assembly. “MY” Referendum Legislation is a finely crafted proposal. The slightest “tinkering” will sabotage the Referendum Initiative causing it to be unconstitutional, thereby resulting in the Referendum Initiative not receiving favorable General Assembly passage.”

The opinion that I have before me is from Assistant Attorney General, Kathryn Rowe and I am of the opinion that this Kelly bill needs more than tinkering.

The Kelly quotes continue: “So how can you, George, LeRoy and Wendell justify denying the DECEIVED citizenry a Legal / Constitutional / Democratic Sheriff / BOP Referendum. By such a Referendum the honest, hard working, tax paying, voting citizens can democratically / directly decide whether they want their tax payer funded countywide law enforcement protection provided by the ELECTED Office of Sheriff or by (as GEORGE, LeRoy and I acknowledge) the DECEITFULLY created BOP. Remember, It’s possible the citizens may vote for countywide police protection to be provided by the BOP.”

Another Kelly quote: “As publicly announced, I’m filing “MY” Referendum initiative the first day of the Legislative Session. If you want to sincerely support same (and do not intend to work against the initiative behind closed doors) your said support and co-sponsorship is welcome. However, if it’s your intention to undermine “MY” Referendum Initiative then, in that event, I will very outspokenly publicize same.”

A final Kelly quote: “Now the three of you know that if the four of us legitimately supported introduction and passage of this Legal / Constitutional Referendum Legislation it would sail through the Assembly with “Local Courtesy,” provided none of you worked behind the scenes to sabotage / defeat the legislation. In support of the Legislation I would bring at the minimum a bus load of Allegany County “Vocal” supporters, the Maryland Sheriff’s Association, The Maryland State Fraternal Order of Police, AFSCME, the Western Maryland Central Labor Council, The Western Maryland Building an Construction Trades Council and numerous others. The only way this legislation would fail is if you undermined / sabotaged the initiative.”

Simply put, Kevin, you have no interest in putting in the legislation for the referendum for the pure purpose of “letting the people decide.” You intend to use all of your influence and energy to get the results that you desire from the election should it get to a position to be voted on during the November 2, 2010 election.

As drafted, if the Kelly bill passes, road duties would be given to the sheriff on July 1, 2010 well before the election is even held.

If people vote against the referred measure in November all actions of the Commissioners prior to July 1, 2010 regarding police powers or duties becomes null and void, including the creation of the Bureau of Police and the agreement sign with the town of Westernport. Every person working with official police power duties in the County not under the control of the Sheriff is out of a job.

So if we agree to support the Kelly referendum bill as written and it becomes law road patrol would be returned to the sheriff before the people can vote on the issue. If the people then vote for the referendum, which supports the Commissioners actions the duties would be returned to the Commissioners. This really creates mass confusion in for a four month period.

I, Delegate Wendell R. Beitzel, District 1A, hereby announce that I will not support the Delegate Kevin Kelly referendum proposal and will seek to prevent its passage in the Maryland General Assembly. Furthermore, due to the continuous barrage of disrespectful, offensive, intimidating and derisive emails and press releases originating from Delegate Kelly it is clear that a straightforward, simple up-and-down, yes-or-no referendum on the issue would not satisfy those that seek political and personal gain or benefit from this dispute. It would be hard if not impossible to craft legislation that will satisfy all members of the delegation and those that stand to gain or lose from the measure.

Furthermore, this dispute did not originate from this delegation, was not caused by this delegation and will not be solved by this delegation. This dispute is between the Allegany County Sheriff and the Allegany County Commissioners. Allegany County is a code home rule county, which grants more authority for local officials to make decisions and to govern locally. I have not been presented with any evidence that the Allegany County Commissioner acted outside of the authority granted to them by the County code. To the contrary, court decisions and settlement agreements confirm that the Commissioners possessed the proper legal authority to govern over these matters.

Additionally, in the David A. Goad, et al Plaintiff vs. Board of County Commissioners Court Case the Plaintiffs agreed in settlement in part as follows:

The Plaintiffs will not further pursue a referendum through the Court or through legislation.

The Sheriff’s Office will not be doing road patrol except when called as back-up or in emergencies.

Therefore, the citizens of Allegany County can show or demonstrate where they stand on this issue by voting in the next election on November 2, 2010. If the citizens are unhappy with the actions taken by either party to this dispute they can demonstrate their displeasure by voting them from office.

Let the record show that I vote not to support the Kelly referendum proposal.