On April 17, 2014 Judge Finifter ruled on FOP Lodge #4′s motion to reconsider his judgment in the retiree subsidy case. He issued an amended judgment and awarded prejudgment interest in the amount of $213,446.47. This will increase the original award to an amended total of $1,626,567.28.
Judgment has now been entered in the case. Going forward interest will accrue at a post-judgment interest rate of 10%.
When this case began in 2008 the County’s reimbursement owed to the affected retirees was approximately $500,000.00. It has now grown to over three times that amount and will have an accelerated cost with the reimbursement and interest growing monthly.
The County continues to be defiant and ignore the order of the Court. A petition was filed by the FOP for contempt. No Court date has been set.
Please call or e-mail County Executive Kevin Kamenetz at 410-887-2450 or e-mail him at Kevin@baltimorecountymd.gov and/or call or e-mail County Administrative Officer Fred Homan at 410-887-2460or e-mail him at email@example.com. Tell them to pay as directed by the court and stop wasting taxpayer dollars on a case that has concluded.
Read the amended judgment below
Today two important pieces of legislation affecting the lives and careers of Maryland law enforcement officers were signed into law by the Governor. Senate Bill 436 – Exclusion of Evidence, sponsored by Senator Frosh, adds a provision to section 3-105 of the LEOBR. The new provision, paragraph (C) allows a judge to exclude any evidence obtained in violation of any right granted by the LEOBR.
The second, House Bill 598 – Disclosures- Punitive Action, sponsored by Delegate Dumais, adds a new section, 3-106.1 to the LEOBR. This section provides a protection for officers who, for one reason or another, may have to have a disclosure made by the State’s Attorney to the defense to comply with Maryland disclosure rules. In some jurisdictions, Chiefs and Sheriffs have terminated officers simply because a disclosure had to be made by the State’s Attorney. This would occur even if the officer was found “not sustained” by Internal Affairs or “not guilty by a hearing board. This addition to the LEOBR would prevent a Chief or Sheriff from taking punitive action in those instances.
Both Laws take effect on October1, 2014
The Lodge regrets to announce the death of retired Baltimore City Police Sergeant Sterling Hobson Fletcher, Sr. Father of retired Baltimore County Police Sergeant Sterling H. Fletcher, Jr. formerly of Precinct 8 Parkville, on April 9, 2014.
Friends may call at the Miller-Dippel Funeral Home, Inc. 6415 Belair Road Baltimore, MD 21206 on Monday April 14, 2014 from 2-4 & 7-9 P.M.
A funeral service will be held at the funeral home on Tuesday April 15, 2014 at 1:00 P.M.
Entombment at Druid Ridge Cemetery.
The Lodge regrets to announce the death of Doris Flamm, the wife of retired Corporal John Flamm. Mrs. Flamm past away on April 10. Viewing will be held at Duda-Ruck Funeral Home located at 7922 Wise Ave. in Dundalk on Sunday, 4-13-14, between 1500-1700 and 1900-2100hrs. Services will be on Monday, 4-14-14, at 1100hrs.
The Lodge regrets to announce the death of Cathrine D. Wills, grandmother of Michael and Rachel Aiosa on April 2, 2014.
A memorial service will be held on Saturday, April 5, 2014 at 1 p.m. in Christ United Methodist Church, 2832 Florida Ave., Baltimore, MD 21227.
The Lodge regrets to announce the death of Marion Rose Ries, the grandmother in law of Officer John Burgamy #4976 from Precinct 11.
A service will be held on Sunday April 6th, 2014 from 2PM to 4PM at Singleton Funeral and Cremation Services located at 1 2nd Ave SW, Glen Burnie MD 21061.
In lieu of flowers, donations can be made to the USO www.uso.org/donate
The Federal Fourth Circuit Court has ruled against Baltimore County in an age bias case involving the pension contributions of some employees.
Read the decision here.
Federal Court Pension Decision
Baltimore Sun article
On Friday March 28, 2014 the Baltimore County Fraternal Order of Police Lodge #4 filed a Petition for an Order of Constructive Civil Contempt against Baltimore County, Maryland, County Executive Kevin Kamenetz, Director of the Office of Budget and Finance, Keith Dorsey and County Administrative Officer, Fred Homan.
Unfortunately, the FOP was compelled to file this contempt petition because these three (3) Baltimore County officials have refused to comply with the Baltimore County Circuit Court order issued by Judge Finifter, requiring the County to reset the health care subsidy split for the affected retirees and pay the order of judgment of $1,413,120.81 within the twenty (20) days.
This case was first brought before Arbitrator Richard Bloch in 2008, who, after a hearing, ruled the County was in violation and an issued an award ordering the County to restore the affected retirees to the property subsidy and to make them “whole”. The County appealed the decision to the Baltimore County Circuit Court and lost. The Circuit Court upheld the arbitrator’s decision. The County continued to appeal and eventually the case was heard by Maryland’s highest Court, the Maryland Court of Appeals who, after a hearing, ruled for the retirees in 2012. The County filed a motion to reconsider with the Court which was denied.
The legal arguments for the case have now concluded. The case has proceeded through the entire legal process and has been decided by Maryland’s highest Court. The County has “overcharged” the approximately 400 affected retirees and must restore the subsidy and reimburse each of them for the amounts as directed by the Court. The Circuit Court has issued orders on November 5, 2013 and March 6, 2014 directing the County Officials to comply and they continue to disregard the orders. This intransigence to the rule of law has no place in the Maryland Judicial System. Citizens expect more from their elected County Executive and those who are appointed by him to Department Head positions and confirmed by County Council.
It’s time for Baltimore County Executive Kamenetz to realize that although he may not agree with the decision of Maryland’s highest court, the decision is now the “Law of the Case” and is final. His options have narrowed to a point where now the only responsible thing to do would be to comply with the Courts Order and put this issue to rest.
Read the petition below:
Petition for Contempt 3-28
The Lodge regrets to announce the death of Patricia C. Arnold, wife of Life member retired Officer Charles H. Arnold, III, formerly of Traffic and Aunt of member Ernest L. Feist, Jr. formerly of Baltimore County Traffic Engineering on March 30, 2014.
Friends may call on Wednesday April 2, 2014 from 3-5 & 7-9 pm at the family owned Ruck Towson Funeral Home, Inc. 1050 York Road (beltway exit 26).
A Funeral Service will be held at the family owned Ruck Towson Funeral Home, Inc. 1050 York Road (beltway exit 26) on Thursday at 10:30am.
Interment Holly Hill Cemetery.
Memorial donations may be made to the American Diabetes Assoc., 800 Wyman Park Drive Suite 110.
The Lodge extends its deepest sympathy to the Arnold and Feist families.
The Lodge regrets to announce the death of Ret. Bro. Robert G. Anderson, Brother in law of Ret. Det. Rob Garber of Operations, on passed 3/31/14.
Corporal Anderson was a member of the Baltimore County Police Department from November 4, 1963 till his retirement in September, 1981. His last assignment was at the Essex Precinct.
There will no viewing or funeral at his request.
The Lodge regrets to announce the passing of Helen Miller, the mother of Detective Lisa Covington of the Crimes Against Children Unit and the grandmother of Officer Candice Covington of PC-6.
The viewing will be held on April 1, 2014 from 3-5 and 7-9 at Duda-Ruck Funeral Home located at 7922 Wise Avenue, 21222.
The funeral will be held on Wednesday, April 2, 2014 at 11 am.
The tentative contract settlement agreement for July 1, 2014 to June 30, 2016 has been ratified by the membership by a vote of 1057 FOR and 45 AGAINST.
The Lodge regrets to announce the passing of Theresa Lawson, mother in law of Detective Dave Phillips.
Friends may pay respects today, Friday March 21st, 3-5 & 7-9 at Connely Funeral Home of Dundalk, 7110 Sollers Point Road. A mass of Christian Burial to celebrate Theresa’s life will be held at Our Lady of Hope Catholic Church on Saturday at 10am.
Interment following the service at Oak Lawn Cemetery.
Please keep Dave and his family in your thoughts during this difficult time.