Meeting Announcements and Handouts
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. She said she was pleased to see the County attorneys join us today. Minutes of the July 16, 2020 virtual meeting were unanimously approved, on motion by Todd Pounds which was seconded by Jason DeLoach; afterwards, Tom Yeager, president of the County Attorneys associatdion, welcomed County attorneys, noted no MACo conference this fall but said there would be a County Attorney training next Tuesday, November 17.
Lynn noted we wanted to give Judges Booth and Getty as much of the hour as possible, and noted a handout had been provided to everyone to focus on the cases. Judge Booth started and welcomed everyone. She noted some challenges in the “zoom: and virtual environment and shared a few pro’s and con’s first. She asked Judge Getty to lead the discussion. He said it’s a world of “uip close and personal;” noted we all miss the courtroom, but noted this may take some time, and that spreading out in person may not work. He said they believe the Zoom format works well and without a mask we can have some engagement between the bench and attorneys arguing. So far, they have seen no technical issues. He noted two approaches – a head shot where you argue, or set up a podium or rostrum and argue as if before the court, but need a separate microphone for that or your sound won’t work. He warned that we should be aware of any background, as some colors can clash, but that the Zoom platform has worked well. He said his advice is to make a “mock argument” video, tape it, and make sure the lighting is good and that it works, so that the image is in focus. Judge Booth also noted it’s useful to have a cellphone or alternative in place just in case the computer malfunctions. Lynn asked if there were any oral argument questions; and there were none.
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 Daubert standard for expert testimony. As to local government, they selected several cases to review.
First, 70-80 Properties v. RALE. She said it has limited direct application, She said the development application was for 1500 units, hotly contested, lasting many months and organized oppositions. She said the County approved it 4 to 1 at the commissioner level. One of the commissioners had attended a meeting at a group focused on transportation, and made suggestions for their supporting letter which was introduced to the County at the 11th hour. The citizens group filed a petition for review after approval, arguing this was an Ethics ordinance violation. The Circuit Court agreed and remanded, and the newly elected legislative body opted for de novo review and the court agreement. She noted this was then appealed. The Court concluded the legislative body had the right to use a de novo hearing, did not apply zoning estoppel based on lack of reliance on zoning approval, but ultimately it was a plain-language interpretation of the Frederick County Ethics ordinance. Judge Getty noted the ordinance itself should not be considered a model as it can chill the ability of local officials to speak to others. One question raised about zoning estoppel was whether it might be accepted or adopted at some point; Judge Booth noted it came up twice last term but nothing now pending. She said there might be a time when the court adopts it, but Maryland has been conservative on vested rights and zoning estoppel, also noting the lack of a substantial reliance fact pattern.
Next, 7222 Ambassador Road v. National Center on Institutions and Alternatives. Here, reviewing limited liability corporation laws. He said they were required to review the organization and construct of State Department of Assessments and Taxation and required reporting. Here, Ambassador Row had filed lawsuit based on a rental issue, and he said the focus of the argument was the interpretation of the LLC statute. He noted the case involved an LLC that had failed to satisfy its requirements to remain an LLC. He said the case interpreted the LLC statute and found the lynchpin of the case was the LLC’s failure to file an annual report to SDAT and thus forfeited the right to do business as well as the right to pursue litigation, and here found the appeal was not permitted by law, as a result.
Third, Baltimore City Police v. Potts/Estate of William James. Consolidated cases, Judge Booth explained, regarding two persons stopped by the police. One was beaten and searched, guns were planted on them, and they went to prison. Potts sentence was vacated and James was released after spending 7 months in prison. They sued the police, and the issue was whether the City was responsible, such that the police were acting within the scope of their employment. The Court, she said, found they were so acting, based on careful fact analysis based on the Sawyer v. Humphries case. She explained their actions were not to steal or for personal benefit but within the focus of their work, even as their actions were illegal. She noted the importance of reviewing the officer’s actual conduct in each case.
Fourth, Wynne v. Controller: Judge Getty noted this was a challenge to the General Assembly’s budget powers in changing the interest due on tax refunds. The Wynne’s challenged the interest due on taxes originally paid on their out of state tax income. The law was found to be a violation of the commerce clause, but the refunds and interest due was a concern for local governments in the midst of the 2008-2009 recession, so the General Assembly reduced the interest rate due, he explained, reducing the interest rate on the overpayment from 13% to 3% or so. Noted the Supreme Court had found requiring payment was a violation in an Alito decision, thus raising the interest rate question. Judge Getty said the Court concluded that the rate reduction was not a violation of the commerce clause.
Fifth, Estate of Jeffrey Blair v. Austin: Judge Booth noted this was an excessive force police case, involving a few seconds of a video recording. She explained the footage, about 7 seconds, showed the officer firing four shots very suddenly. Blair died before trial but not from the injuries, and his estate filed the complaint for excessive force. Jury awarded damages, but she said the Court of Special Appeals reversed, finding no other alternative, and the Court of Appeals reinstated the excessive force verdict. She noted it was a 4 to 3 decision based on surveillance video; she noted both she and Judge Getty dissented but the majority found that the evidence allowed the jury to decide that excessive force occurred. Judge Getty instead said the focus should be the officer in the situation and not later by hindsight or Monday-morning quarterbacking. She noted it’s likely we will see more of these cases.
Sixth, Joseph Stracke v. Estate of Kerry Butler; Judge Getty said another fact-driven case with a 4 to 3 decision, and question was giving credence to jury decision. Question he said was whether 2 Baltimore City medics were grossly negligent in treating Mr. Butler at an early morning call. A jury verdict for gross negligence was reversed by the judge, but the Court of Special Appeals reversed that. The Court’s majority found the paramedics were not grossly negligent in that they were not acting with wanton or reckless disregard in following required protocols, but said there were extensive facts involved which were reviewed in detail. He noted the conclusion was that an error in judgment did not necessarily mean that judgment was grossly negligent.
Seventh, Maryland Reclamation Associates case: Judge Booth noted it was a longstanding case, going back to 1989, where MRA contracted for 62 acres for a rubble landfill and obtained inclusion in the Harford County waste management plan. But, with a change to the legislative body, the County Council sought to remove the rubble landfill from the plan and add zoning changes. She noted MRA first sought a declaratory judgment against the County decision, where they were found to have failed to exhaust their administrative remedies. And that case involved a variance request, where the Court determined they had no vested right to the landfill use and there was no zoning estoppel. But this final case involved a takings claim asserting vested rights, arguing the county’s actions interfered with reasonable expectations. The jury awarded damages but the Court of Special Appeals reversed based on a violation of statute of limitations, and the Court reversed based on failure to exhaust administrative remedies; she said the Court concluded this had to be raised as part of their first claims and not held back. She notes they sought certiorari from the Supreme Court which was just denied in the last week or so.
Eighth: Mayor and City Council of Baltimore v. Prime Realty: Judge Getty said the issue was a challenge to substituted service. This was a receivership for real property, he said, and the resident agent had moved to Montgomery County with a post office box. But, SDAT does not accept post office boxes and rejected the change. Thus, Prime Realty didn’t get notice as notices went to the vacant prior Bel Air, Maryland address. He said the issue was whether the substitute service statute was still valid, and the Court found it was and that Baltimore City made sufficient efforts to locate Prime Realty and substituted service was justified.
Ninth (and last): Pizza di Joey and Madame BBQ v. Baltimore City. Judge Booth noted this was challenging a 300-foot distance requirement between a vendor and a brick and mortar restaurant. The Circuit Court held the 300 foot rule did not deprive substantive due process but struck the ordinance sua sponte, finding it vague. The Court of Special Appeals reversed and upheld the ordinance, finding it rationally related to a legitimate government interest and that the statute was not vague (and that the Circuit Court should not have made the sua sponte finding the ordinance was vague).
Lynn thanked both Judge Booth and Judge Getty for their presentations, and many members individually also offered their thanks. She then turned it over to Justin Fiore, MML’s Manager of Government Relations, and he turned it over to Angelica Bailey, Director of Government Relations for MML, who serves in the role from which Candace Donoho recently retired. She noted the recent MML legislative priorities and asked Bill Jorch, MML’s Manager of Government Relations and Research, to speak on that issue. He noted the priority is to eliminate the current HUR funding sunset in 2024 which would lead to a major decline in revenue. He also noted retention of authority for right of way placement of technology infrastructure, including small cell but also broad band and landline installations as well. Justin noted another initiative to look at climate change more holistically and focus on that issue more broadly. Bill also asked that if anyone could provide input from their councils and local leadership on addressing police reform issues, to please do so as background information,
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.
With nothing further for the good of the order, Lynn adjourned the meeting at 1:25 p.m.
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.
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)