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Meeting Announcements and Handouts
Next Meeting is planned for Monday, June 26 at 12:30 for lunch at the MML Summer Convention at the Roland Powell Center in Ocean City; we will plan on a roundable but watch for further updates on other speakers!
Information from the Thursday, May 18, 2023 spring meeting at Fisherman's Inn at Kent Narrows.
The Thursday, May 18, 2023 MMAA meeting convened at Noon, when Todd Pounds, MMAA President, called the meeting to order and welcomed everyone. Minutes of the prior meeting, held virtually on February 16, 2023 were moved for approval by Jason DeLoach and seconded, and were unanimously approved. Jason DeLoach, MMAA Treasurer, reported on MMAA's account balance and raised the question of dues for 2023-2024, which would be billed after July 1, and after some discussion, members by consensus agreed to retain the current annual per-member dues at $25 annually. Judge Gregory Wells, Chief Judge of the Maryland Appellate Court, formerly the Court of Special Appeals, spoke to us about several appellate cases. He said he has been on the appellate court for 4 years, and became chief judge in 2022. Before that, he served for about 8 years on the Circuit Court for Calvert County, and before that was riding the circuit for the Calvert, Charles and St. Mary’s District Courts. He noted he attended a recent judicial conference, the first since the pandemic, and indicated judges were focused on the bottom line as advice on how they should rule on specific issues. He noted that he identified several cases that he thought were interesting for municipal attorneys. He spoke on six cases, identifying key issues, as outlined below:
He said the first case, Williams v. Dimensions Health, was about apparent agency and a hospital’s vicarious liability for a botched surgery. Here, he said the Plaintiff was severely injured and taken to a Trauma II medical center, Prince George’s County Hospital Center. The operation did not go well and he later sued surgeon and the hospital. After trial, the jury awarded verdict to Plaintiff but the court granted “judgment notwithstanding the verdict” to dismiss the case against the hospital. The question on appeal was vicarious liability under theory of apparent agency. Judge Wells said that the Court of Appeals ultimately decided that at trial the evidence showed the surgeon held himself out as an agent of the hospital, satisfying the three elements of apparent agency — representation , reasonable reliance and was a reasonable assumption, then an apparent agency relationship can exist. He said the court decided there was enough evidence for the jury to make that call, and that while this doctrine applies to nonprofits and other entities, it does not apply to municipalities.
The second case, Candlefish v. Allterra Group, involved an employee who got fired, and claimed employer discriminated against her because she was pregnant. At trial the employer won summary judgment; the question on appeal was whether summary judgment was proper to discount her discrimination claim. Judge Wells said there was also a contempt citation against her attorney for not showing up at one hearing. Soon after taking the job, the plaintiff testified, she was pregnant, after which her performance review graded her down for 4 out of 7 criteria. Her employer required her to sign the evaluation, but she refused, and also required her to remain in the office 5 days per week. After her refusal to sign, the employer fired her, leading to the discrimination claim in the lawsuit. The court on appeal found no evidence of a concerted effort to fire her for any reason other than refusing to sign the evaluation, which the handbook specified was grounds for termination. On the contempt issue, however, the court reversed the trial court, finding that it was using civil contempt – which is to ensure compliant future behavior and needs a purge clause – as punishment, which is only appropriate for criminal contempt.
The third case, Mitchell v. Rite Aid of Maryland raised the question of foreseeable mass shootings. Judge Wells noted this was a premises liability issue, after an employee of temp agency, assigned to work at warehouse in Aberdeen, then took a gun and opened fire, killing several co-workers and injuring others. They sued Rite Aid for lack of adequate security as well as the shooter’s employer on the theory of negligent hiring and supervision. The Circuit Court granted summary judgment motion and the court on appeal upheld that, holding that to hold a landowner as having prior notice of potential harm, there must bes past experience; that tells landowner it could be foreseeable. The Court found there was nothing in the record to show the mass shooting could be foreseeable; even so, Judge Wells emphasized that the court noted this could be an evolving issue because it is fact-based, such that evidence could show existence of a reasonable basis to expect such harm in the future.
The fourth case, Handy v. Box Hill Surgery Center, focused on intervening and superseding causes for breach of a standard of care. Here, the patient went to the doctor for back pain, and was injected with a steroid, using a compounding pharmacy that had failed to decontaminate its processes; thus, the patient became ill and died from fungal meningitis from the infection. At trial the jury found the doctor was negligent for using these drugs but the doctor argued the infection was from an intervening and superseding cause. While the intervening cause has to come after the negligence to be considered, Judge Wells noted that a spectrum of time was put before the jury, and they found that the key issue was the doctor’s decision years before to use the medication at all, after which the pharmacy decontamination failure occurred, making it a proper intervening cause.
In the fifth case, Craig v. Montgomery County, Judge Wells told us that the Court held the County was immune from suit for contaminating a water well. The Plaintiff claimed the County was using excess salt and that since road maintenance is a proprietary function the County should be liable. The Court found that snow removal is discretionary, focused on allowing road travel and here immunity applied; additionally, a separate statutory immunity for proper drainage applied, and the evidence showed that water had properly drained from the street, even as it was saltier.
In the sixth case, Heard v. County Council of Prince George’s County, a resident was concerned with turning a residential area into a commercial area, near the Addison Road metro station. Judge Wells noted a key question was standing and the other was whether master plans are binding regulations or advisory, in addition to whether substantial evidence supported the ultimate Planning Board approval. In this case, standing was specified as the resident lived just within 1,000 feet of the site. The Court also found substantial evidence supported the decision to approve the change in question, holding that master plans were advisory, and the Planning boards should follow the general plan but can vary slightly as long as the master plan is considered, and in applying reasonable alternatives, the Board reasonably follows the general outlines of the master plan.
Angelica Bailey Thupari, MML’s Legislative Director, spoke on the 2023 General Assembly. She noted this session had over 40 new legislators, governor, AG and comptroller, and was the first in person after the pandemic. She said the cannabis bill was a major issue, raising two points, taxing and zoning. As to taxing, she said municipalities get half of the amount counties get from the 9% sales tax, where 5% goes to local governments, and municipalities with dispensaries will receive about $4500 for every million dollars in sales. She noted that the amount was initially lower and this is the first time municipalities ever received a portion of a state sales tax. As to zoning, she noted municipalities can’t prohibit a dispensary as the legislature wanted convenient access for all. She said reasonable zoning and other requirements can be applied, but can’t unduly burden a licensee. She said that phrase does not appear anywhere else, although it was noted that a similar phrase applies in the Religious Land Use and Institutionalized Persons Act. She also noted the minimum distances of 500 feet from schools and 1000 from another dispensary can be reduced to lower distances but not higher. As to the Police Accountability Board bill, which would have allowed municipal boards instead of depending only on County accountability boards and charging committees, the bill didn’t proceed even as MACo did not oppose it. She was told the legislature does not want to revisit the police reform bills and that counties are adding municipal participation. She spoke about the bill that would have increased government liability for civil rights violations, eliminating qualified immunity and requiring government to cover the costs for personal liability, and said it did not move this year but will probably be back. She said House Bill 430 would have allowed open-ended new standards for police liability, and that the bill seemed to have the chance for passage but did not pass this year, but will return.. She did note that a housing, bill allowing local governments to eliminate unlawfully restricted covenants in deeds did pass, allowing a batch deletion requiring each property involved to be identified. She finally noted that the bill eliminating the statute of limitations for child sex abuse also increased the caps for local government liability, but in the end only slightly. As to future trends, she expects to see more bills on the environment, recycling and climate change, and as a good bill can take 3 years, meaning many not passing this year will be refiled.
Todd noted the MMAA needs to vote for officers to serve for the 2023-2024 year. Everyone now serving had been renominated to serve another term, and accepted, consisting of Todd Pounds for President, Suellen Ferguson for Vice-President, Jason DeLoach for Treasurer, Frank Johnson for Secretary, Erick Perla to serve as the MML Legislative Committee liaison, and Elissa Levan to serve in the MMAA position on the MML Board of Directors. Fred Sussman moved to accept the slate, which Patrick Thomas seconded, and members unanimously supported. New MMAA members also introduced themselves, including Leela Firestine, Rockville; Olivia Haarz, LGIT and Mike Fry, Frederick, and with nothing further for the good of the order, Todd adjourned the meeting at 2:04 p.m.
Information from the February 16, 2023 virtual meeting, focused on legislative issues and the General Assembly.
The Thursday, February 16, 2023 MMAA meeting was held virtually, using “Zoom,” for the Winter virtual meeting. The meeting convened at Noon. Angelica Bailey Thupari, MML’s Legislative Director, spoke on the General Assembly. First, the Police Accountability legislation; vehicle left municipalities out, counties only, no police accountability board for municipalities was created. SB 409 (HB 518), with a hearing next Tuesday; HB 430, cops responsible for violating civil rights, not immune from liability, court costs, attorney’s fees; MML is opposing. Worker’s Compensation, SB 377, deals with Worker’s Compensation and hearing loss; retirement offset also eliminated for employer costs, which could lead to a 3 to 12% increase in costs. Affordable housing, trying to avoid mandates, but HB 1282 would allow municipalities to complete a modification of the affordable housing covenant without complications. HB 601, Child Sex Abuse, raises a concern, would address discrepancy on young child not understanding but would allow claims to be filed at any time without limit on any statute of limitations or Local Government Tort Claims deadline, and also want to increase the $400,000 cap by more than double; will ask them to go back to the $400,000 limit. Erick Perla, MMAA's liaison to the MML Legislative Committee, spoke about several bills, including SB 40, requiring recordings from body-worn cameras and also requiring denial of inspection of recordings that don’t result in arrest; says changes could result in a decrease in time spent on body worn camera footage review. He said some the question may be whether the footage identifies anyone; SB 556 he said is the bill establishing cannabis distribution and businesses, said there is a limit on municipalities limiting zoning, taxing or prohibiting cannabis use in any way. Did say municipalities have been allocated some portion of the tax revenues, minus costs to operate the administrative elements, so said it would be a relatively small amount. SB 828, FMLA Modification, said MML will discuss next week and said significant changes, adding domestic partner to definition of family member, allow time for bonding with child not just caring for them after birth, process of being placed in child care would also allow for FMLA benefits, which can be length processes, he said. Finally, would allow FMLA if a person can’t perform “one or more” functions of the job rather than actually perform the overall job – as now required.
Information from the October 27, 2022 joint meeting with County Attorneys at Carrol's Creek in Annapolis
The Thursday, October 27, 2022 MMAA meeting, serving as the fifth annual joint city-county attorney meeting, was held in person at Carrol Creek’s Restaurant in Annapolis. Both MMAA President Todd Pounds and MACo County Attorney President Roscoe Leslie welcome everyone, and Todd then turned the meeting over to Judges Getty and Booth. Judge Getty spoke first, noting he will present an overview into several cases, giving some insight into court operations where he can, identifying how he approaches the cases and what he considers important. He noted the court was in transition, as despite the long-term tradition that chief judges, for instance, served for many years (such as Judge Robert Bell for 17 years). He also noted the Governor Hogan in 8 years appointed 6 of 7 judges, including 3 in last year. Judge Getty said in taking a past look at the court, all 7 Court of Appeals judges were white men 50 years ago, and 6 out of 7 of them had law degrees from the University of Baltimore or Maryland. Today, he said, woman make up a majority of the court, all come from varied background and law schools, and as a result, Maryland ranks at the top of diversity. Judge Getty noted that he retired in April, and that when he started serving, most of the judges were all born in the 50s, while they are now all retiring. He noted significant changes at all levels of government as a result. More specifically, he noted a new House of Delegates speaker in 2019, new Senate president in 2020, and in this election, will see changes Governor, Lt. Governor, Comptroller and Treasurer. Judges Getty and Booth spoke about six recent Court of Appeals cases. Afterwards, Bill Jorch, MML Director of Research and Policy, noted MML’s legislative priority for the upcoming General Assembly session is related to the police disciplinary framework; he noted that police accountability boards county by county include municipal officers, but MML wants to support municipalities who wish to establish their own accountability board, if they have a separate police department and they wish to do so, simply as an option rather than a mandate.
Information from the May 12, 2022 membership meeting at Fisherman's Inn at Kent Narrows
The Thursday, May 12, 2022 MMAA meeting was held in person, for the first time since 2020, at Fisherman’s Inn, located at Kent Narrows, Maryland. The meeting convened at 12:18 p.m., when Lynn Board, MMAA President, called the meeting to order me and welcomed everyone. Lynn first noted the recent passing of two leaders who had provided much assistance to municipalities: Robert Levan, who served as a mentor and offered support for many municipal attorneys and the MML, and Karen Kruger, who was known as an expert on all legal issues related to policing and related legal claims, serving as legal advisor for the Chiefs Association for many years. President Lynn Board noted that the annual vote for offices and MML board representatives was held online on April 28, and the slate won the online vote unanimously: Todd Pounds for President, Suellen Ferguson for Vice President, Jason DeLoach for Treasurer and Frank Johnson for Secretary, with Elissa Levan as MML Board of Directors representative and Erick Perla as the MMAA’s MML Legislative Committee liaison. Todd Pounds moved and Frank Johnson seconded a motion to ratify that vote, which was unanimously apprved. Vice-President Todd Pounds (and incoming President) presented outgoing President Lynn Board with a lifetime award plaque commemorating her years of service to MMAA, MML, municipalities and municipal attorneys, noting she has been a key leader in helping to build the organization and offer assistance to all of us. Lynn introduced Jason Levine, Legal Director of the Local Government Insurance Trust (LGIT) to speak to to us on the current status of qualified immunity, noting that with his leadership at LGIT, he serves municipalities in litigation claims. He noted that the general thrust of the cases involves claims by persons that an officer intentionally committed an attack or committed gross negligence. Jason said that in many cases, the District Court dismisses the case by granting summary judgment to the officers, finding that qualified immunity applies. On appeal, however, the Circuit Court often reverses that decision, finding that their circuit precedents specify that the fact pattern in question should not lead to dismissal or application of qualified immunity. In cases in which the Supreme Court accepts certiorari, Jason said the court almost always reverses the Circuit Court’s ruling. He said the conflict between Circuit Courts and the Supreme Court continues, as Circuit Courts, such as the Ninth Circuit, will despite the Supreme Court’s reversal of these cases, continue to find qualified immunity should not apply, noting that in realitymost cases are not granted certiorari and thus are never reviewed by the Supreme Court. Lynn then turned it over to Bill Jorch, MML Director of Research and Policy Analysis, who was joined by Jim Peck from MML, and explained that other staff were at a bill signing on the major Highway User Revenue (HUR) legislation passed by the General Assembly. He said under this legislation, annual funds will raise from the current roughly $39 million annually for municipalities to $60 million through Fiscal Year 27, largely due to additional federal funds, then stabilize at $39 million annually in Fiscal Year 29 and beyond.
Information from the February 10, 2022 virtual membership meeting
The Thursday, February 10, 2022 MMAA meeting was held virtually, using “Zoom,” for what is the eighth virtual meeting. Deputy Attorney General Carolyn Quaddrocki introduced Assistant Attorney Generals Bill Bruhn and Brian Edmunds, and spoke on the national opioid settlement and state’s agreement as well. She first thanked MML and municipalities for their help in drafting the subdivision agreement. She said this agreement includes litigation involving 3 major distributors and manufacturer Johnson and Johnson. The total national dollars will read 26 billion in the aggregate, to be divided among states and subdivisions. She said 2 billion will be excluded for attorney’s fees, and the rest will be distributed over an 18 year timeframe; the first 9 years will include the distributors and Johnson & Johnson, and the last 9 years will include only the distributors. She said that state shares were based on population and opioid impact metrics, and Maryland’s maximum share from the 3 distributors is 401 million, with another $91 million from manufacturer Johnson & Johnson, for a total of 492 million, or about 11% of the national abatement amount. The settlements each set forth injunctive relief against the 4 defendants, such that the 3 distributors will have to monitor and report suspicious hoarders, to prevent having millions of prescriptions distributed to the same location, and Johnson & Johnson will stop selling opioids.Ms. Quaddrocki stated that local jurisdictions need to establish a local abatement fund by March 22, 2022. While the Attorney General’s office will defer to local processes to determine what specifically is needed, local governments are being asked to establish, by ordinance or resolution, a separate fund to receive these settlement funds, from which expenditures can be tracked. Ms. Quaddrocki noted that non-Exhibit A municipalities will also have funding available, not through direct payments but from a grant process handled by the Health Department. She said the funding for these discretionary grants, which MML worked to establish, will come out of the state’s 30% share. The speakers reported that state legislation will also be needed to implement the state subdivision agreement, as the state’s opioid restitution fund statute needs to be amended to require the governor to appropriate funds in accord with the state’s subdivision agreement. Angelica Bailey, Director of Government Relations for MMLnoted the General Assembly session has continued virtually due to COVID, but the Senate is planning to start in-person hearings in mid-February. Angelica reported that redistricting will be a key issue during this session, but noted a broad bill offering constitutional rights to the environment has been filed, which is HB 596 and cross-filed as SB 783. She said it provides a core right to a stable climate and clean air and water, provides the state’s resources are a common property and that no one can harm that by action or inaction. An MML priority, to allow municipalities to create their own police oversight boards to avoid coming under the county provisions, as in current law, has not been introduced though MML is asking for support.
Information from the October 28, 2021 virtual Joint Municipal-County Attorney membership meeting
The Thursday, October 28, 2021 MMAA meeting was held virtually, using “Zoom,” for what is the seventh virtual meeting; this was also the fourth annual joint city-county attorney meeting, which is traditionally in the fall. Court of Appeals Chief Judge Getty and Judge Booth were joined by retired Court of Appeals Judge Glenn Harrell to present summaries of recent decisions affecting local governments. Chief Judge Getty noted Judge Booth has been a valuable addition to the court, and also noted he would be joining Judge Harrell in retirement in a few months as well, and praised him for his work and analysis. Each judge analyzed two recent cases and answered questions afterwards. Following the presentation, Roscoe Leslie, for the County Attorneys, noted an upcoming training and an affiliate lunch for County Attorneys at the MACo winter conference in early December. Lynn Board for MMAA said our next meeting will be in February and hopefully in person in Annapolis. Elissa Levan, who has represented Westminster and Bowie in the opioid litigation, then spoke about the opioid litigation distribution of the settlement proceeds, involving Maryland and many other jurisdictions. Said it involved distributors, including Johnson and Johnson, and many millions of dollars in settlement distribution of the multi-jurisdiction litigation. She said the overall master settlement allows distribution of damages funds and said the agreement has a default in which a minimum of $215 million goes to the State, 70% in an abatement fund and 15% to local government, but the Master Agreement allows Attorney Generals to change that default in agreement with local governments, and in North Carolina, for example, locals are getting 85%; in New York, 60%. She said Maryland’s Attorney General refused at first to discuss it, until more concerns were raised. She said her two litigating clients, Westminster and Bowie, have requested a change and allowing 85% to come to local governments. She said she felt the municipal and county attorneys have a collective interest in pressing for that change, and agrees Bruce Poole, an attorney serving Washington County and other municipalities, agrees. She noted there is a January 2, 2022 deadline for the Attorney General to obtain local government approval for the agreement, and suggested that the county and municipal groups need to act. Lynn Board, as MMAA President, also noted that in discussion with MML, the Attorney General is setting up a small negotiation group to work with municipalities, and said jurisdictions need to all press for more than the 15% distribution. Todd then turned it over to Angelica Bailey, Director of Government Relations for MML. She noted staff are working through the opioid litigation settlement. Otherwise, she said MML is gearing up for the next General Assembly session, adopting HUR and increasing municipal authority as well as climate change as the primary priorities. With nothing further for the good of the order, Todd adjourned the meeting at 1:30 p.m.
Information from the July 15, 2021 virtual membership meeting
The Thursday, July 15, 2021 MMAA meeting was held virtually, using “Zoom,” for the sixth virtual meeting. Shortly after noon , Lynn Board, President, called the meeting to order and welcomed everyone. Lynn introduced Matt Peter from the Local Government Insurance Trust (LGIT), who handles litigation for municipalities, to speak on several employment related issues, including return to work in what we hope will be a post-COVID era as well as police return and use of force claims. Matt said he would first talk about three LGIT matters. Matt turned to police reform legislation. He said one part of the key legislation, House Bill 670, was a change to the Local Government Tort Claims Act upper limit involving law enforcement officers. He said the cap generally remains at $400,000 per individual or $800,000 for incidents overall, but both limits have been increased to $890,000 if law enforcement is involved. Further, if wrongful death is involved in the law enforcement officer claim, he said the total cap will be 1.5 times more– or $1,335,000 by the math. Matt said the impact of the changes is expected to be a dramatic increase in litigation and new claims, and that many more may be filed in state courts rather than federal courts, where Section 1983 claims are more prevalent. He also said that may be lead to more lengthy litigation, as state courts have been more reluctant to summarily dismiss claims, tending to prefer to allow juries to make the final decisions. He said this will require more involvement of local government staff and may also lead to more publicity about such litigation. Matt said another key part of House Bill 670 included the changes to LEOBR, the Law Enforcement Officers Bill of Rights, which was effectively repealed. As to COVID-19 and reopening issues, Matt earlier provided a power point presentation from LGIT, which may be accessed here. He further said a key question is whether vaccinations can be required, and he said they can be. But, he noted doing so can lead to several additional steps and allowances under the Americans with Disabilities Act and the separate right to refuse a vaccine based on religious beliefs, under Title 7 of the Civil Rights Act. Matt also noted some may wish to offer an incentive to employees to obtain a vaccine, but warned that in doing so, employers must also give that incentive to employees who are disabled and can’t get the vaccine, per EEOC guidelines.
Information from the May 6, 2021 virtual membership meeting
The Thursday, May 6, 2021 MMAA meeting was held virtually, using “Zoom,” for the fifth virtual meeting. The meeting convened at Noon and Lynn Board, President, called the meeting to order at that time, noted we have much on the agenda, and welcomed everyone. Lynn noted that in the virtual online voting last Wednesday and Thursday (April 28 and 29), all officers were re-elected and will go into effect with the end of June. She noted this included herself, Lynn Board for President, Todd Pounds for Vice-President, Jason DeLoach for Treasurer, Frank Johnson for Secretary, E.J. (Skip) Cornbroooks as MMAA’s MML Legislative Committee representative, and Elissa Levan as MMAA’s MML Board of Directors representative. She noted this will be her third and final year as President, and noted officers and MML Board representatives were re-elected. Gerry Lederer, partner with Best, Best and Krieger, gave us an update on the FCC and small cells, cable franchises and federal legislation. His written analysis of the court case details can be viewed here. Sara Klemm, Assistant Attorney General, represents Public Information Ombudsman and the Public Information Act Compliance Board, and presented information on recently passed General Assembly legislation. She provided a brief report on the details, available here. From MML, Angelica Bailey, the Director of Government Relations, and Bill Jorch, the Manager of Government Relations and Research, offered a quick update on the General Assembly session and MML’s priorities. Angelica spoke on Highway User Revenues, and noted that while a funding bill sought by MML passed the Senate, it did not pass the House this year. She said restored funding is in place until 2024, and MML will plan to focus on that again next year.
Information from the February 11, 2021 virtual membership meeting
The Thursday, February 11, 2021 MMAA meeting was held virtually, using “Zoom,” for the fourth virtual meeting. Scott Hancock, MML Executive Director, thanked municipal attorneys for their help to municipalities during the pandemic and said it could not have been accomplished without such help. He specifically thanked Lynn Board, President, for her assistance; also thanked Elissa Levan, the MML Board Rep, for her help. He also thanked Skip Cornbrooks for his assistance as the MMAA liaison to the MML Legislative Committee, especially in an unusual legislative session due to the pandemic. Karen Kruger, who assists the Maryland Chiefs and Sheriffs Association with the police reform legislation this year, provided an update on those bills. She noted much pressure to repeal the LEOBR (Law Enforcement Officers Bill of Rights) or repeal and replace it, and said there are so many specifics that it can be difficult to summarize. She said the Chiefs and Sheriffs have easy access to all of the bills, and the Legal Advisors Committee (part of the Chiefs and Sheriffs Association) is also monitoring the bills. A major concern, she noted, is that many bills are imposing severe restrictions as to when an officer can act, and can be difficult to understand by anyone. She said legislation will impact all police agencies, will cause the need for substantial training, and may limit the ability to act. Lynn asked MML and the MMAA liaison, Skip Cornbrooks, to focus on MML priorities and state legislative updates. Skip noted he had sent a letter to MMAA members (click here) and would be happy to answer any questions. Otherwise he thanked MML staff in their preparation for the Legislative Committee in such a difficult year. Angelica Bailey, MML’s Director of Government Relations, began with an introduction on how the General Assembly is operating this year. Angelica said all testimony in both chambers is virtual only, and that everyone is aware of the safety concerns. Links are available on the General Assembly website for the committees, and those testifying must create an account which allows written testimony as well. She also noted they are requiring signing up and providing written testimony two to three days before the hearing, which is in some cases almost impossible without a clear final version of bill text.
Information from the November 12, 2020 virtual meeting, which was held as a joint meeting with the MACo County Attorneys
The Thursday, November 12, 2020 MMAA meeting was held virtually, using “Zoom,” for the third virtual meeting; this was also the third annual joint city-county attorney meeting. The meeting convened at Noon and Lynn Board, President, called the meeting to order at that time and welcomed everyone. Maryland Court of Appeals Judges Brynja Booth and Joseph Getty presented nine key cases to the members. Judge Booth said the 2019 term was very interesting with a number of cases, including common-law breach of fiduciary duty; recognizing tortious interference with bequests; and adopting the Daubert standard for expert testimony. As to local government, they selected several cases to review. The joint meeting also had a legislative update from Angelica Bailey, Director of Government Relations for MML, who serves in the role from which Candace Donoho recently retired, and Bill Jorch, MML’s Manager of Government Relations and Research, who noted the priority for the 2021 General Assembly session is to eliminate the current HUR funding sunset in 2024 which would lead to a major decline in revenue. Natasha Mehu, Legislative Director for MACo spoke briefly about their 4 priorities, including County budget security and the need to prepare for the worst; split election funding between states and counties and ensure proper local input involving county funding; building out broadband access; and focus on protecting funding for public health. She also noted police reform efforts will be a key issue, especially body camera footage under the PIA and the Local Government Tort Claims Act limits on torts committed by police officers.
Information from the July 16, 2020 virtual meeting (in place of the normal meeting at the MML Summer Convention in June)
The Thursday, July 17, 2020, MMAA meeting was held virtually, using “Zoom,” for the second virtual meeting (May 7 being the first), The meeting convened at Noon Lynn Board, President, called the meeting to order at about 12:17 p.m., based on a minor problem with the Go To link, and welcomed everyone. Lynn noted there is no speaker but wanted to handle this as a round-table discussion on reopenings, and to see what issues attorneys were finding. According to the clerks, she said, most municipalities are using virtual meeting platforms such as online. She didn’t know if anyone is having personal protective equipment (PPE) or CARES Act problems, and opens up the forum for any questions or discussion. One attorney noted someone in a municipality who was vulnerable but working from home; now needs to conduct inspections but is refusing to come back to work because she is vulnerable. Debra Daniel noted Rockville is using virtual inspections, but not all municipalities are doing so. As to reopening, another attorney said has two towns he serves who have not opened their Town Halls; he asked if any others have not reopened. As to planning for MMAA’s joint meeting with counties, Lynn said MMAA will plan on November, noted it probably will be virtual, and expects that Court of Appeals Judge (and former MMAA President) Brynja Booth will present to the group. With nothing further for the good of the order, Lynn adjourned the meeting at 12:58 p.m.
Information from the May 7, 2020 virtual meeting (in place of our normal spring meeting at Fisherman’s Inn at Kent Narrows)
The Thursday, May 7, MMAA meeting was held virtually, using "Gotomeeting," for the first time at Noon Lynn noted the elections for officers for FY 2021 were held electronically, and updated that the officers were elected with 20 votes electronically for FY 2021. Officers elected included Lynn Board for President, Todd Pounds for Vice-President, Jason DeLoach for Treasurer, Frank Johnson for Secretary, Debra Daniel for the MML Legislative Committee and Elissa Levan for the MML Board of Directors (where Debra and Elissa will serve as MMAA representatives respectively).
Lynn noted there is no speaker but as an update, said the Governor is opening up some allowances for outside exercise and doctor appointments. She noted that some are planning to partially return to work on May 18; asked what others are doing or what questions they may have. Jason noted some are permitting people to work from home. He said persons who are coming in, including him, are wearing masks, and he is trying to work on virtual notifications and other processes. He said municipalities are leaving it up to employees to return, and they must certify they are healthy and no one in their family has been diagnosed or is under quarantine. As to other updates, Bill Jorge, Manager of Government Relations and Research from MML, notes they are planning the virtual summer conference and working out a two-day program from roughly 10:00 a.m. until 3:00 p.m., with learning labs and workshops, He said they will handle Board elections virtually the week before. Bill said State legislative leaders but have left the idea open for a second legislative session later in the year but nothing is final.
Information from the February 6, 2020 meeting at Carrol’s Creek Cafe, 410 Severn Avenue in Annapolis
The Thursday, February 6, 2020 MMAA meeting was held at Carrol’s Creek Café, 410 Severn Avenue in Annapolis. Debra Daniels, MMAA’s representative to the MML Legislative Committee and Justin Fiore, MML’s Manager of Government Relations, made a brief presentation on the General Assembly. Justin noted that the key MML priority was highway user revenues. Ann MacNeille and April Ishak spoke about the Open Meetings Act, the Compliance Board, and the recent Talbot County decision which imposed restrictions on certain uses of email by public bodies. Ann is the Assistant Attorney General who serves as counsel to the Board, and April, an MMAA member, serves as the Chair. April first noted that the Board is seeking no major bills in General Assembly and welcomed the opportunity to speak with MMAA members. She also noted information is available on the Attorney General’s website, including the PIA Manual and sample forms. She said the Talbot County case, decided in July 2019, was very fact specific. While she understands concern with that decision, she emphasized there were several facts leading the Board to their conclusion regarding email communications. For example, she noted that in response to a simultaneous PIA request the County had withheld information based on the argument the emails were deliberation, which she concluded in many ways conceded the Open Meetings point. She finally highlighted two key issues that often lead to violations: first, members who are not in their regular meeting place and time, and second, when members are told there is a “rush.”
Information from Thursday, October 17, 2019 joint meeting with MACo County Attorneys at Chiapparelli’s in Baltimore
The Thursday, October 17, 2019 MMAA meeting was held at Chiapparelli’s Restaurant on South High Street in Little Italy in Baltimore, Maryland and was the second and now annual joint city-county attorney meeting. Lynn reported that a Task Force for pro bono attorneys has been created for local government attorneys. She explained it is understood that we may be limited by our day jobs, and so the Task Force is looking at how that can be accomplished. She said she is on the Task Force and that the Chair of the Task Force is Robert Anbinder who is an attorney for Baltimore City. She noted they will be reaching out to get creative ideas for pro bono service opportunities for local government attorneys. Lynn also reported that the University of Baltimore, with the Schaefer Center for Public Policy wants to develop public attorney training with a focus on state, county, municipal and local attorneys. She asked everyone to watch for a survey to get feedback on training everyone would be interested in, and reactions we might have to options for future training, such online, in person, etc.
Bill Jorch, MML’s Manager of Government Relations and Research, reported on legislative priorities adopted at the MML Fall Conference earlier this week. He noted this includes restoration of Highway User Revenue funding, as the 2018 bill only provided increased funding through FY 2024; the intent would be to prevent going back to the minimal funding and extend or eliminate that sunset while working on possible increases in the funding level as well. Les Knapp for MACo noted that MACo is limited to four key initiatives by its bylaws. Their first priority is school funding (and making sure any Kirwan funding goes to local government). He notes many expect a push to legalize cannabis and that there is strong progress for school construction; apparently HB 1 will be the key school construction bill. Lynn introduced Jonathan Novak from the Fears, Nachawati firm in Dallas, Texas which is handling part of the opioid litigation for local governments, including 19 in Maryland as one of the most active states. His advice is that local governments not take action to opt out of the class action cases. He concluded that everyone could end up settling with manufacturer and distributors over time; but does not expect all to settle, and said litigation is and will be going on. He said his firm is still taking new clients and advised local governments not to opt out but to stay in the litigation.
Information from the Monday, June 24, 2019 MMAA meeting at the MML Summer Convention
The Monday, June 24, 2019 MMAA meeting was held at the MML Summer Convention, in Room 210 at the Convention Center in Ocean City, Maryland. MML President-Elect Ryan Spiegel presented changes recently approved by the MML Board of Directors to the MML Litigation Participation (Amicus Brief) policy, which he took a lead role in drafting. A copy of the redline showing changes made can be found here. He first noted that municipalities had raised concerns that the existing policy was a bit stale, in establishing a long procedure to appoint a review committee and require a Board vote; even when, as we are seeing increasingly over the last few years, MML is only being asked to sign onto or add our name to existing briefs. In that case the Board of Directors felt it was unnecessary to go through the entire process, which could also make it difficult to meet deadlines if, for example, a request for our support for an existing brief was made a short time before the filing deadline. Ryan explained that the main changes separate out a request which simply involves signing on to an existing brief from a request requiring MML to write its own Amicus Brief. Under Section D of the new policy, the two scenarios are separated. In the discussion Ryan also noted no significant change to the fee structure; Subsection (g)(2) does specify that review panel members can be compensated with an overall cap of $2500 overall, but also that review can be handled on a pro bono basis. He finally noted that Subsection (J) covers the actual cost for the Amicus Brief, capping that also at $10,000.
Candace Donoho, MML’s Government Relations Director, noted there has been little legislative action to convene the small cell/5G task force. She noted that could be because cities and towns are working with providers and providers are reaching out to everyone; she expressed some hope that will be effective and eliminate the need for prohibitive state legislation. She notes we were the only state with state legislation proposed after the FCC Order, and that also may have made a difference. Lynn notes that as to FCC Cable franchising, FCC proposing to allow providers to deduct all “costs” from their franchise fees, including provision of any required PEG channels, which could reduce franchise revenues. For upcoming meetings, Lynn noted the County Attorneys are interested in a joint fall meeting this year as we did last year, and members supported taking part with no objections.
Information from the Thursday, May 9, 2019 MMAA meeting at Fisherman’s Inn
The Thursday, May 9, 2019 MMAA meeting was held at Fisherman’s Inn at Kent’s Narrows, Maryland. Judge Brynja Booth, who had been serving as President, called the meeting to order at 12:22 p.m. Shewelcomed everyone, but noted for the record that, with her appointment as Judge to the Court of Appeals and her service having started on April 18, she has formally resigned as an MMAA member and thus as President of MMAA. She noted Lynn Board has been nominated to serve as President for the next year starting at the MML convention in June andas Vice President will now be serving in that role on an acting basis until that time. She said she has enjoyed being part of MMAA and that we will always be close to her heart. At that point, on behalf of members, MMAA Secretary Frank Johnson presented a plaque a plaque to Brynja to recognize her contributions as former MMAA President and in serving MML and municipal attorneys through hertraining presentations over the years. Lynn Board, MMAA Vice President and Acting President, then assumed presiding overthe meeting, and also welcomed everyone. She asked everyone to briefly introduce themselves.
We received a legislative update from MML staff (Justin Fiore, Director of GovernmentRelations and Bill Jorch, Manager of Government Relations and Research) as well as Eliot Schaefer, MMAA’s representative on the MML Legislative Committee. Judge Booth introduced Judge Christopher Kehoe, who has served on the Court of Special Appeals for a decade and before then had been town attorney for Easton for about 25 years. She noted he was a mentor ofhers and has a wealth of knowledge about municipal law. Judge Kehoe noted a listing of cases he found interesting from the local government point of view, and highlighted details ofa few for us. He first noted the case holding in Wilfredo Rosales v. State of Maryland, in which the Court of Appeal sheld that the 30-day appeal deadline is no longer a jurisdictional time limit but a deadline subject to waiver by the court or based on actions of the parties. He also noted the Court of Appeals decision in Town of Forest Heights v. MNCPPC, in which the Court found that a change in assessment of properties in the 1970’s did not, based onlegislative research, also mean a change in the annexation consent requirement or that owners of public or nontaxable land were now to be included in the 25% consent requirement.
Information from the Thursday, February 7, 2019 MMAA annual legislative meeting at Harry Browne’s in Annapolis
The Thursday, February 7 MMAA meeting was held at Harry Browne’s Restaurant on State Circle in Annapolis, Maryland. Brynja Booth, President, introduced Bill Jorch from MML. He noted three main legislative issues had, so far, been apparent. The first was regarding small cells. He indicated that MML was part of a meeting yesterday with Delegate Dereck Davis, who is Chair of the House of Delegates Economic Matters Committee. As to the two other key issues, Bill noted that the issue of attorney’s fees being award in constitutional claims had arisen again, as it has year after year. The third upcoming issue will involve a proposal to substitute comparative negligence for contributory negligence. Brynja next introduced Gerard (Gerry) Lederer with Best, Best and Krieger, who has been leading litigation on Federal Communications Committee (FCC) and small cell issues, especially involving local zoning authority and local authority to regulate rights of way. Gerry first complimented MML and local officials in their efforts to educate and inform local officials as to why local authority is needed to protect communities. He outlined 4 main elements of the FCC order and as to the current status, Gerry first noted that Maryland has been extremely helpful and that Lynn Board has helped provide leadership in addressing these issues both in Maryland and nationwide. Gerry also noted that as to cable TV, the FCC is saying providers can offset the market value of any non-cash benefits, such as PEG, from their fees. Thus, free services to schools and communities would cost the fees.
Information from the Thursday, November 8, 2018 joint MMAA/MACo Civil County Attorneys meeting in Annapolis.
The Thursday, November 9, 2018 MMAA meeting was held at HarryBrowne’s Restaurant on State Circle in Annapolis, Maryland. Lynn Board, Vice-President, standing noted this was the first joint city-countyand thanked Les Knapp, Maryland Association of Counties (MACo) Legal and PolicyCounsel for having the idea and pursuing it. John Breads, Director of Legal Services and Matt Peters from the Local Government Insurance Trust(LGIT) gave a presentation on police liability and personnel matters. As to police misconduct claims, John noted the issues are similar regardless of the size of the jurisdiction. He said these often involve Taser use and qualified immunity. As to qualified immunity, John reported that in multiple 4thCircuit cases, it’s become clear that the courts are looking for some effort to resolve the issues and de-escalate the dispute before police use the Taser, and that when it is used repeatedly, it can lead to removal of immunity –especially if the person against whom it’s being used is mentally deficient in some way. Matt Peter spoke to personnel and employment cases. He also said it’s better for local government to contact LGIT with the first claim so that LGIT can coordinate the initial response and defense from that point. MACo and MML legislative staff gave an update on small cell issues. As many know, the Federal Communications Commission (FCC) issued an order in September and state legislation is expected to arise again. And as to statewide issues, the small cell issue is MML’s only legislative priority. As a final item, members present endorsed the idea of establishing an annual joint meeting betweenmunicipal and county attorneys, perhaps in the fall, and the groups will planfor the next year accordingly.
Information from the Monday, June 11, 2018 MMAA meeting at the MML Summer Convention.
The Monday, June 11 2018 summer meeting was held at the MML Summer Convention, on the second floor of the Roland Powell Convention Center. Brynja Booth, President, noted the next meeting is planned as a joint municipal/county attorney meeting, as we’ve previously agreed, and will be on Thursday, November 8, most likely at Harry Browne’s in Annapolis.
Brynja presented information on the Waterman Family Limited Partnership, et al. v. Kathleen Boomer, et al. case involving the County’s density waiver regarding an annexation. She handled this case for the Town of Queenstown at the Circuit Court level and then before the Court of Appeals after they granted certiorari. In this case, she explained the area annexed had been included in the Town’s Master Plan growth area for at least 10 years, and that the County Planning Commission and Commissioners had granted the waiver. The issue on appeal was whether that reversal was valid. Brynja argued that the Town’s right was effectively vested with the County’s grant of a waiver, as with the annexation proceeding, all zoning authority and control passed to the municipality - which was indeed the point of the annexation. But the Court of Appeals disregarded the Town’s vesting, focusing instead on the fact that the developer’s rights have not yet vested, as no building permits had been issued nor, therefore, any substantial construction on the site. As such, the Court found that common law grants local governments the right to reconsider and reverse their decisions, and thus they can rescind even a resolution granting the 5-year waiver in this case. She explained that, effectively, that decision eliminates the waiver provision, but imposes a 5-year hold on any increase in density in annexed land, at least beyond the 50% limit allowed by the prior county zoning.
Information from Thursday, May 3 MMAA meeting at Fisherman’s Inn at Kent Narrows.
Approved minutes
The Thursday, May 3, 2017 MMAA meeting was held at Fisherman’s Inn at Kent Narrows. Brynja Booth, President, called the meeting to order and asked everyone to briefly introduce themselves. President Brynja Booth noted we are planning a joint municipal/county attorney meeting, with support from MML and the Maryland Association of Counties (MACo) staff, including Les Knapp. Tom Yeagher, who serves several municipalities and as County Attorney for Kent County, and is current President of the MACo attorneys chapter, suggested the fall meeting in November would probably be a good time, and that a location around Annapolis could be best. John Markovs, Deputy County Attorney for Montgomery County, made a 4-part presentation on contracting and procurement policies for local governments. He first noted the goal of such processes is to ensure both the best price and goods and services, but also to ensure competitive bidding is in place. He recommended ensuring that procurement requirements are consistently satisfied, ensuring adequate review rather than sole decision makers, as well as multiple approval steps. , and also establishing procurement policies and review processes that don’t delay the contracting system, which will encourage local staff to try to find a way to avoid them entirely.
Information from Thursday, February 8 MMAA meeting at Harry Browne’s in Annapolis.
Approved minutes (PDF)
The Thursday, February 8, 2018 MMAA meeting was held at Harry Browne’s Restaurant on State Circle in Annapolis, Maryland. Lynn Board, Vice-President, standing in for President Brynja Booth, called the meeting to order. She noted Les and Natasha from MACo had attended to follow through on a prior discussion with MMAA officers regarding a possible joint annual meeting between MMAA and MACo’s County Attorney affiliate, which members approved for further planning. For the MML Legislative Update, Candace Donoho noted that with Highway User Revenue (HUR) having been cut 8 years ago by the Board of Public Works, it seems possible some permanent restoration of those lost funds may be approved this year. She also noted the second MML priority, protecting personal data (including email addresses of residents) from PIA disclosure was also proceeding, in partnership with MACo which is supporting a similar bill. Finally, she noted that while she’s advised that an industry bill on “small cells,” enhancing coverage for wireless devices with antennas on private and public property, but primarily in rights of way, will be introduced. It is expected to be sponsored by Sen. Middleton and Del. Derick Davis, but even so, passage isn’t expected this year. That said, she noted it will still be important to oppose the bill and for municipalities to take steps to enact ordinances and pass regulations which govern right of way and, as needed, other installations, such as on poles and buildings, of small cell or distributed-antenna systems. After lunch, Lynn introduced the panel discussion on “small cell” or distributed-antenna systems, including Victor Tervala, Baltimore City Solicitor, on the overall background, herself as Gaithersburg City Attorney on steps in Maryland to address the issue, and Gerard Lederer of Best, Best and Krieger on FCC action.
Information from Thursday, October 26, 2017 MMAA meeting at Clyde’s in Columbia.
Approved minutes (PDF)
The Thursday, October 26, 2017 MMAA meeting was held at Clyde’s Restaurant in Columbia. Candace Donoho, MML Director of Government Relations noted the MML legislative priorities for the 2018 General Assembly session included restoration of Highway User Revenues and to amend the Public Information Act to provide clear authority to not release email addresses and phone numbers of residents, which may be provided for local newsletters or emergency alerts. She also noted MML will work to protect the right to assert local control over the siting and installation of wireless poles and antennas, and to impose a fee for permit review and lease of right of way space.
Brynja asked for any suggestions for future speakers, to allow us to plan ahead for future meetings. After lunch, Brynja introduced Ann MacNeille, Assistant Attorney General with the Opinions and Advise Division and who serves as counsel to the Open Meetings Compliance Board. Ann first noted a few recent changes to the Open Meetings Act, including adding a requirement that agendas be provided reasonably in advance, specifying closed meeting processes, and requiring more training. As to training, Ann said boards and commissions all need to designate a member in order to have the option to close a meeting.
Information from the Monday, June 26, 2017 MMAA meeting at the MML Summer Convention.
Approved minutes (PDF)
The Monday, June 26, 2017 MMAA meeting was held at the MML Summer Convention, in Room 210 at the Convention Center in Ocean City, Maryland. Meredith Mishaga, Director of Foreclosure Administration with the State’s Office of the Commissioner of Financial Regulation gave us an update on recent changes in Maryland law related to the registry. Margaret Witherup, Member of Gordon Feinblatt, LLC which has represented local governments on stormwater and environmental issues, gave a presentation on Phase 2 of the MS 4 stormwater management permits which the Maryland Department of the Environment is now issuing. As a brief legislative update, Lynn Board, MMAA’s Legislative Committee representative, noting that with changes to the State Ethics Law this year - which were targeted to General Assembly members - similar changes could be required to local ethics laws based on the “substantially equivalent” requirement. She reported that MML and MACo provided letters to the State Ethics Commission asking that changes not be required, given the focus on the General Assembly, and several also attended the June 15, 2017 meeting of the State Ethics Commission where it did seem members will consider local concerns.
Information from the Thursday, May 4, 2017 meeting at Fisherman’s Inn at Kent Narrows.
Approved minutes (PDF)
The Thursday, May 4, 2017 MMAA meeting was held at Fisherman’s Inn at Kent Narrows. We had a presentation on the Public Information Act, by Lisa Kershner, Ombudsman and Karen Federman-Henry, Assistant Attorney General who serves as the PIA Compliance Board counsel as well as counsel to the Ombudsman. Karen noted the Ombudsman had a broad ability to mediate disputes on request from the person asking for records or the custodian, and that the Ombudsman can mediate on any PIA issue. However, the Board’s jurisdiction is more limited to fees. Lisa as Public Access Ombudsman distributed a report for the first 12 months, from April 1, 2016 through March 31, 2017, which is available here (PDF). Karen has also made available a PowerPoint presentation she made on her work to the MSBA State and Local Government Section at their Law Day on May 5, 2017, and it is available here (PDF). On MMAA issues, Bylaws amendments making a few clarifications were unanimously approved and will be presented to the MML Board of Directors for their review and final approval. Also, members unanimously approved officers for 2017/2018: Brynja Booth for President, Lynn Board for Vice President, Frank Johnson for Secretary and Jason DeLoach for Treasurer. We also received an update on legislative issues from Candace Donoho, MML’s Director of Government Relations and Lynn Board, MMAA’s Legislative Committee representative.
Information from Thursday, February 9 meeting at Harry Browne’s in Annapolis.
Approved minutes (PDF)
The Thursday, February 9, 2017 MMAA lunch meeting was held at Harry Browne’s, 66 State Circle in Annapolis.
The meeting included updates on legislation and MML priorities, as well as a report by Lynn Board on the creation of the Coalition on Small Cell Facilities regarding the FCC rulemaking proposal on small cell and wireless facility installations. The meeting presentation was a discussion on transgender rights in Maryland by attorney Miriam Sievers of Silber, Perlman, Sigman and Tilev, P.A. and Patrick Paschall, Executive Director of Free State Justice in Maryland, with a focus on terminology, federal law, including Title VII of the Civil Rights Act (employment), Title IX (schools), the Fair Housing Act, Affordable Care Act, the Prisoner’s Rape Elimination Act of 2012, and the Violence Against Women Act, and for Maryland, the Fairness for All Marylanders Act of 2014.
Information from Thursday, September 15, 2016 Joint Meeting with the Municipal Clerks Association
At the Kentlands Mansion, 320 Kent Square Road, Gaithersburg, Maryland 20878
Approved minutes (PDF)
The Thursday, September 15, 2016 MMAA meeting was held at the Kentlands Mansion in the City of Gaithersburg, 320 Kent Square Road, and was a joint meeting with the Maryland Municipal Clerks Association. The meeting was conducted under a joint agenda including introductions, a report from both the Clerks and Attorneys, and presentations by MMAA members. Several noted that they believe this may have been the first joint meeting, and expressed the hope that the groups would continue periodic joint meetings.
Frederick City Attorney Saundra Nichols and Assistant City Attorney Rachel Depo (also MMAA Vice-President) made a presentation on the Open Meetings Act. Their PowerPoint presentation can be accessed here (PDF).
Information from Monday, June 27, 2016 MMAA Meeting at the MML Summer Convention in Ocean City.
Approved minutes (PDF)
Information from Thursday, May 5, 2016 MMAA Spring Meeting at Fisherman’s Inn at Kent Narrows.
Approved minutes (PDF)
Judges Dale Cathell and Glenn Harrell of the Maryland Court of Appeals provided members with a review of several recent Court of Appeals decisions, as well as a 27-page summary of all decisions relevant to municipalities which was distributed and is available (PDF).
Information from Wednesday, March 16, 2016 MMAA Telephone Conference on Small Cell and Distributed Antenna Systems (DAS).
A group of members joined in a telephone conference to discuss new changes in telecommunications, largely to accommodate the widespread use of smart phones and similar devices. We thank Kimberly Min, MMAA member and Whiteford, Taylor and Preston for hosting the conference call.
The issue of telecommunications is now a major local issue, after changes in technology and the law. Municipalities are increasing being approached by providers and infrastructure firms for permission to install small cell facilities and larger DAS facilities, often on rights of way. Sometimes they will seek to install these items on buildings, on pole, on street lights, or next to other antennas. These represent relatively new technological advances that broaden the wireless cell coverage. And a relatively recent FCC order mandates, in most cases, that local governments allow installations that will expand coverage in this way.
During the discussion, led by Victor Tervala, Baltimore City Chief Solicitor, John Lyons, Anne Arundel County Cable Administrator, and Frank Johnson, Gaithersburg Assistant City Attorney, speakers pointed out how the new FCC "shot clocks" or permit deadlines of 60, 90 or 150 days apply, but also how these timelines do not apply until a completed application has been submitted. Detailed notes on the discussion (PDF). Generally, with changes in technology, municipalities should expect to hear from a provider or infrastructure provider. Some can be aggressive, even though most are willing to work with municipalities - but it is always important to know your rights.
In most cases, a first step will be entering a contract, either a franchise agreement or right of way agreement - or both. Part of that agreement will include allowable fees, and the municipalities preference for use of public land or public facilities, such as City or Town street lights. A recent Baltimore City ordinance laying out franchise fee requirements for these facilities.
Permit denials are in most cases limited, but safety, appearance and specific placement (if a workable alternative is offered) can all be considerations. In addition to a contract or agreement, as discussed during the conference, municipalities do need to ensure they have zoning in place to allow these installations - as well as impose reasonable restrictions. Municipalities also need to have a permitting process in place to accommodate the deadlines and ensure applicants receive communication as quickly as possible. View a sample draft highlighting recent zoning ordinance and permitting changes (PDF) for the City of Gaithersburg.
We expect this will be an ongoing issue, especially as technology continues to change, and this conference and these materials highlight some key steps municipalities can and should take.
Information from the Thursday, March 3, 2016 MMAA Meeting at Harry Browne’s in Annapolis
Approved minutes (PDF).
Tiffany Harvey, Deputy Counsel for Civil Rights and Legislative Affairs for the Office of the Attorney General, spoke about Attorney General Brian Frosh’s legislative initiatives but emphasized the August 2015 Guidance on preventing discriminatory profiling for law enforcement agencies. She said that the Attorney General took the initiative to develop uniform state standards as a guide for all police agencies in Maryland to follow - making Maryland the first state to follow similar guidance put in place by U.S. Attorney General Eric Holder in 2014. The Guidelines are on the Attorney General’s website but you can also view a copy (PDF).
Information from the Thursday, October 8, 2015 MMAA meeting at the Café Deluxe Restaurant in Gaithersburg,
Approved minutes (PDF)
Information from the June 29, 2015 MMAA Meeting at the MML Convention
Approved minutes (PDF)
The Monday, June 29, 2015 MMAA meeting was held at the Ocean City Convention Center in Room 210. Meredith Mishaga, Director of Foreclosure Administration with the Commissioner of Financial Regulation (part of the Maryland Department of Labor, Licensing and Regulation/DLLR), gave us a powerpoint about the Maryland Foreclosed Property Registry, which was created by the General Assembly in 2012 to provide local jurisdictions with information on current ownership of foreclosed homes.
Information from the May 21, 2015 MMAA Meeting
The Thursday, May 21, 2015 meeting was held at the Fisherman’s Inn, Kent Narrows, and had several speakers.
Adam Snyder, Chief Council, Opinions and Advice for the Maryland Attorney General, spoke about several upcoming changes in the Public Information Act after the General Assembly. Changes include creation of a Public Information Act Board, with limited jurisdiction (only to address fees in excess of $350) but broad power to order fee reductions; an Ombudsman in the Attorney General’s office with broad oversight to address any issues of concern raised by either a person requesting records or the local government, but no formal authority to order any solution. He also noted fees will be limited to actual costs, and that the requesting party’s ability to pay can be a separate waiver consideration. Other changes include the requirement of a 10-working-days response if responding takes longer, with an estimated time for completion and a cost estimate, and the need for local governments to identify a contact for all requests, which can also be divided by department. Local governments also must note, at least on their website, which (if any) documents are available on demand. Overall, Mr. Snyder advised reaching out to requestors with a response or update, as soon as possible.
Tim Ailsworth of LGIT also spoke on the impact of Local Government Tort Claims Act changes, in which awards and permitted claim times were all doubled (awards from $200,000 to $400,000, and each occurrence from $400,000 to $800,000, with the time allowed to file a claim increasing from 6 months from date of occurrence to one year). He indicated this will result in an increase of costs by about 5% for municipalities self-ensured through LGIT.
Tom Curtin, MML’s Government Relations and Research Associate, also spoke about the General Assembly, noting two MML priorities were approved, including the Governor’s proposal for Highway User Revenues, granting municipalities $19 million out of $25 million added by the budget and the land use bill clarifying that legislative bodies can amend Master Plan recommendations from their Planning Commissions, but must hold a public hearing if such changes are made. He also noted the bill regarding double taxation was passed as a local bill for Frederick County rather than statewide, but would require a resolution and could serve as a sample for future statewide legislation.
Officer elections, to start with the new MML Board of Directors (at the MML Convention next month) were also held, and those nominated were unanimously approved. Thus John Barr will continue serving as President; Brynja Booth will serve as Vice-President; Jason DeLoach will continue as Treasurer; and Frank Johnson will serve as Secretary. Elissa Levan indicated she wished to continue serving as MMAA representative on the MML Board of Directors, and Lynn Board wishes to remain on the MML Legislative Committee, and members also unanimously supported their continuation.
Information from Winter/Early Spring 2015 MMAA Meeting
The Wednesday, April 1st, 2015 meeting was held in Annapolis. Karen Kruger, partner with Funk and Bolton PA who also serves as counsel for the Maryland Police Chiefs and Sheriffs Association, spoke on the issues and impacts related to the use of police body-worn cameras. She noted several bills had been filed in the General Assembly this year which would not mandate the use of such cameras but would impose a number of requirements on their use. Issues with police body-worn cameras include privacy, safety and the costs of retaining the data. Additionally, the costs of reviewing and organizing the data can also be substantial. And in many cases, the cameras themselves are not always dependable, and even when they are, the actual recording can be difficult to follow. LGIT has establishing a pilot testing project and several jurisdictions are making initial use of these cameras, so we will all have the chance to learn from their experience. Even so, it’s clear the privacy, safety and cost concerns will continue.
Click here for an article on police body-worn cameras (PDF) entitled "Lessons from the Early Adopters," which Karen handed out at the meeting.
Lynn Board, MMAA’s representative on the MML Legislative Committee, also updated members. As to MML priorities, the $19 million of HUR funding for municipalities, which the Governor included in his budget proposal, is likely to be retained with approval from both houses; the land use bill clarifying legislative authority to approve and amend master plan recommendations appears likely to pass; and a financial disclosure bill was not favorably reported. Otherwise, public information act amendments are likely to be approved, establishing a Public Information Compliance Board, requiring responses within 10 days and allowing Board review of fees over $350, after several amendments proposed by MML.
In MMAA business, no further nominations for 2015-2016 officers were received and membership voting will, per the Bylaws, be completed at the May meeting. Persons nominated for each of the positions are John Barr for President, Brynja Booth for Vice President, Jason DeLoach for Treasurer, and Frank Johnson for Secretary. Additionally, Elissa Levan has indicated she wishes to remain as the MML Board of Directors representative, and Lynn Board wishes to remain as the MML Legislative Committee representative.
Information from the MMAA 2014 Fall Meeting:
The December 4, 2014 meeting, held in Annapolis, included an update from Candace Donoho, MML’s Government Relations Director, on MML’s legislative priorities for the 2015 General Assembly session, including restoring Highway User Revenues (HUR), clarifying the approval process for municipal master plans and protecting some ethics disclosures (particularly involving spouses and dependent children) from public disclosure. approval issue (as to whether legislative bodies have final approval authority and can amend a planning commission recommendation) and required ethics disclosures. MML has adopted both as part of its legislative priorities for clarifications and/or corrections.
Lynn Board, MMAA’s representative on the MML legislative committee, Debra Daniel, City Attorney for Rockville, and Tom McCarron, Mt. Airy’s town attorney, who a few years ago filed a request for an AG opinion in 2012 on the master plan approval issue, discussed the question of whether Maryland’s Land Use Article allows legislative bodies to amend or remand a master plan recommendation from the planning commission, or simply require either outright approval or rejection. Click here for materials the Panel prepared (PDF), which includes:
* A copy of the relevant Maryland Annotated Code sections (both the current Land Use Article and prior Article 66B);
* The June 13, 2014 letter from the Department of Planning to the City of Rockville; and
* The November 18, 2014 Attorney General opinion to the Town of Mount Airy.
Information from the MMAA Spring 2014 Meeting:
At the May 8, 2014 MMAA Spring meeting at Fisherman’s Inn at Kent Narrows, Judge Glenn T. Harrell, Jr. and returned Judge Dale R. Cathell joined us to discuss notable cases. Click here for Judge Harrell’s summary of recent decisions which he discussed at the meeting. Court Summary for MMAA Spring Meeting (PDF)