Court of Special Appeals Rules in Favor of FOP Lodge #4 in Retiree Subsidy Case Again!

The Maryland Court of Special Appeals has again ruled in favor of FOP Lodge #4 and its retirees in a case that has been ongoing for several years.

On April 14, 2014 Baltimore County Circuit Court Judge Finifter issued a Show Cause Order for Baltimore County Executive Kevin Kamenetz, Budget Director Keith Dorsey and Administrative Officer Fred Homan to appear in Circuit Court on June 26, 2014 to show cause as to why they should not be held in contempt and/or subject to sanctions, including incarceration for failing to follow the order of the court to reimburse the affected retirees a total of $1,801,479.54 and reset their health care subsidies to the contracted rate. Baltimore County filed a motion to quash the the Show Cause Order and on May 28, 2014 the motion was denied.

On May 30, 2014 Baltimore County filed a Certificate of Compliance with the Court’s Orders.  They certified that the health care subsidies for the affected retirees were reset to the proper rate.  In addition they issued checks made payable to the Fraternal Order of Police Lodge # 4 for an amount totaling $1,801,479.54. The Show Cause Order was then dismissed.

The County filed 3 appeals to the Maryland Court of Special Appeals concerning the rulings of the Baltimore County Circuit Court, the November 5, 2013 order to restore the subsidy, the March 6, 2014 decision awarding the reimbursement to be paid to the affected retirees and the April 17, 2014 decision awarding interest on the money owed to the retirees.

The Court of Special Appeals has denied the County’s appeals and ruled in favor of the retirees and FOP Lodge #4.

This decision is a summary of the history of this case. Everyone should read it in its entirety and understand the environment in which employees and retirees are subjected to everyday under this administration.

Read the decision here.

http://www.mdcourts.gov/opinions/cosa/2014/1904s13.pdf

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