Fallen Hero Anniversary Date: Charles A. Huckeba

This is a reminder of the anniversary date of the line-of-duty-death of Charles A. Huckeba on Saturday, July 6, 2014.

Officer Charles Huckeba was gunned down on July 6, 1977 in the Precinct1/Wilkens area while police were attempting to talk an armed, drug abusing man who was barricaded in his family’s home into surrendering.

Under Departmental regulations Memorial Ribbon Bars may be worn on the uniform, above all other ribbons above the badge, on the anniversary dates of Baltimore County police officers killed-in-the-line-of-duty.

Members are encouraged to honor and remember Charles A. Huckeba by wearing their Memorial Ribbon Bars on July 6th of each year.

 

Secondary Employment Opportunity – Towson Movie Theater

Operational Police Protective Services has an upcoming assignment for Cinemark Theater’s Corp. Secondary employment for Off Duty Baltimore County Officers. Location is 111. East Joppa Rd. Towson, MD. 21286.

There are several shifts available. Hourly rate starts at $30.00 dollars per hour.

There will be 2 to 4 officer’s at all times; shift’s from 6, 8 or 12 hours and will be running 7 days a week. Please contact them ASAP if interested.

Detail will start approx.July 7th.

See information here

Baltimore County Continues to Violate Employee Rights Under the ADA Despite Federal Consent Decree

The Court of Special Appeals, in an unreported decision, has has upheld a Baltimore County Circuit Court decision that found Baltimore County once again violated the Americans with Disabilities Act when it mined an employees medical history illegally.  In the ruling the Court stated (page #4) “the release was required as part of the process required by the County for employees to obtain retirement benefits. The County cannot now use the release it required Mr. Dawson to sign to justify its own violation of federal Law.”

A few years ago, Baltimore County entered into a Consent Decree with the Department of Justice when it was alleged to have committed several similar violations of Federal ADA law.  In that agreement, the County agreed to discontinue these practices, as well as several other stipulations requested by the Department of Justice, to protect employees from these violations of employee rights.

All employees are urged to use caution when replying to inquiries made by Baltimore County about their personal medical history or signing any medical release.

 

Show Cause Hearing For Kamenetz Cancelled After County Complies With Court Order

On May 30, 2014 Baltimore County filed a Certificate of Compliance with the relevant order issued by Judge Finifter.

The County then notified the Court that, as of May 30, 2014, the health care subsidy rates for the FOP retirees were reset for each affected retiree to those rates in place at the time of his or her retirement. *This will appear in the June 2014 retirement payment.

Baltimore County then issued a check in the amount of One Million Six Hundred Ninety-Six Thousand Four Hundred Three Dollars and Ninety-Eight Cents ($1,696,403.98) made payable to the Baltimore County Fraternal Order of Police, Lodge No. 4. *This check was received and deposited in a separate bank account, solely established for the purpose of holding these funds until the time they are disbursed to the retirees.

In reviewing the calculations for the payment to ensure that the County has paid everything that is required.  The FOP discovered that a few months of overcharges may not have been included in the original payment. This was communicated to the County and resulted in an additional $84,866.00 owed to our retirees.  We received the additional payment on June 5, 2014. In addition we discovered that there was also an error in the calculation of interest.  This was also communicated to the County and resulted in another additional payment $20,209.56. We received the additional payment on June 10, 2014. This brings the total amount to $1,801,479.54.  All funds were deposited in the account as stated above.

On June 13, 2014 after receiving confirmation from Lodge #4 that the County has complied with the Order Judge Finifter dismissed the Order for the County representative to appear.   Judge Finifter’s Order

While the County has made the payment, the County has not dropped its appeals of the Court’s orders requiring them to reset the subsidy rates and pay damages.  Accordingly, those two orders are still subject to review by the Maryland Court of Special Appeals and potentially the Maryland Court of Appeals.  Because it remains possible that the County may prevail in these appeals, the FOP is not able to distribute the reimbursement for over charged health care subsidies until the appeals have been exhausted or withdrawn.

The FOP does not think these appeals have merit and that the November 19, 2012 decision by the Maryland Court of Appeals should have signified an end to this case.  We will continue to communicate that to the Executive and other elected officials in an attempt to stop this waste of tax payer dollars and bring this case to an end.

 

FOP Lodge #4 Endorsements for the 2014 Primary Election

The Baltimore County Fraternal Order of Police Lodge #4 has made endorsements in the 2014 Primary Election.  We encourage you to vote for these candidates and to encourage your friends and family to vote also.

The endorsement that is being displayed on the County Executive Website is from the 2010 General Election.  The FOP did not endorse Kevin Kamenetz originally in the 2010 Primary Election.  The FOP originally endorsed Joe Bartenfelder for County Executive.

The FOP has communicated to the Kamenetz campaign and requested that they remove the 2010 posting because it is confusing to the public and the FOP has in no way endorsed Kevin Kamenetz in the 2014 election.

Endorsements

 

Officer’s Right to Free Speech

The Link below is a webinar regarding the First Amendment Rights to Free Speech as it pertains to an officer’s employment.  Every officer should know what speech is protected and what is not.

listen here

FOP Discovers Error in Interest Calculation Resulting in Additional $20,209.56 in Retiree Health Care Case

After receiving the initial payment of $1,696,403.98 from the County in the retiree health care subsidy case, the Fraternal Order of Police reviewed the calculations for accuracy.  In review the FOP discovered that a few months of overcharges may not have been included in the original payment. This was communicated to the County and resulted in an additional $84,866.00 owed to our retirees.  We received the additional payment on June 5, 2014.

After a review of the interest calculation, an error was discovered.  This was communicated to the County and resulted in an additional $20,209.56 in interest payments that were due.  We received the additional payment June 10, 2014.  This brings the total amount to $1,801,497.54.

See correspondence and check here

Additional Payment Made to Retirees after County Error in Calculation Discovered

After receiving the initial payment of $1,696,403.98 from the County in the retiree health care subsidy case, the Fraternal Order of Police reviewed the calculations for accuracy.  In review the FOP discovered that a few months of overcharges may not have been included in the original payment. This was communicated to the County and resulted in an additional $84,866.00 owed to our retirees.  We received the additional payment on June 5, 2014.

View correspondence and payment

Update on the Retiree Health Care Subsidy Case

June 3, 2014

To the membership,

As you know, over the past few months, there have been numerous developments in the Retiree Health Care Subsidy case.  In particular, in November of last year, the Circuit Court ordered the County to reset the subsidy rates to what they were when officers retired.  This spring, the Court entered an additional order requiring the County to pay approximately $1.6 million in damages.  The County refused to take either action. 

As a result, the FOP filed a petition to hold the County, Kevin Kamenetz, Keith Dorsey, and Fred Homan in contempt for their refusal to comply with the Court’s orders.  In response, on April 14, 2014, the Baltimore County Circuit Court issued a Show Cause Order, requiring Baltimore County, Kevin Kamenetz, Keith Dorsey, and Fred Homan to each appear before the court on June 26, 2014 for a hearing to determine why the Court should not hold each in contempt and/or impose sanctions, including incarceration, for their refusal to comply with the court’s orders.

Baltimore County filed a motion, asking the judge to dismiss the individuals, Kevin Kamenetz, Keith Dorsey, and Fred Homan from the contempt hearing.  The FOP opposed that motion, and on May 28, 2014 the court denied the motion and required the County and the three individuals to appear on June 26, 2014.

On May 30, 2014 Baltimore County filed a Certificate of Compliance with the relevant orders. 

First, the County notified the Court that, as of May 30, 2014, the health care subsidy rates for the FOP retirees were reset for each affected retiree to those rates in place at the time of his or her retirement. *This will appear in the June 2014 retirement payment. 

Second, Baltimore County issued a check in the amount of One Million Six Hundred Ninety-Six Thousand Four Hundred Three Dollars and Ninety-Eight Cents ($1,696,403.98) made payable to the Baltimore County Fraternal Order of Police, Lodge No. 4. *This check was received and deposited in a separate bank account, solely established for the purpose of holding these funds until the time they are disbursed to the retirees.

These actions are significant because they represent the County’s attempt to fully comply with the Court’s prior orders.      

The FOP is in the process of reviewing the calculations for the payment to ensure that the County has paid everything that is required.  The FOP has until June 12, 2014 to inform the Court of whether there remains any aspects of the Court’s orders that remain outstanding.  If discrepancies are found, the FOP will attempt to work with the administration to address them.  If that does not happen, the FOP will address their concerns with the court on or before June 12, 2014.

If both the FOP and Baltimore County are in agreement with the calculations we would agree that the petition for contempt hearing should be dismissed. If we do not agree then the FOP would petition the court to keep the petition for contempt hearing scheduled for June 26, 2014.

As of this writing, the County has promised to get us the information necessary to review their calculations as soon as possible.  We will update you again once we have received this information.

There is one last piece we want to address.  While the County has made the payment, the County has not dropped its appeals of the Court’s orders requiring them to reset the subsidy rates and pay damages.  Accordingly, those two orders are still subject to review by the Maryland Court of Special Appeals and potentially the Maryland Court of Appeals.  Because it remains possible that the County will prevail in these appeals, the FOP is not able to distribute the reimbursement for over charged health care subsidies until the appeals have been exhausted or withdrawn.   

The FOP does not think these appeals have merit and that the November 19, 2012 decision by the Maryland Court of Appeals should have signified an end to this case.  We will continue to communicate that to the Executive and other elected officials in an attempt to stop this waste of tax payer dollars and bring this case to an end.  

Fraternally,

Cole Weston
President, FOP Lodge #4

 

Interest payments total $228,000 in Baltimore County-FOP dispute

A nearly $1.7 million payment from Baltimore County to the police union to resolve a battle over retiree health care costs included about $228,000 in interest accrued while the county fought court orders in the case.

The county wrote a check last week to the Baltimore County Fraternal Order of Police Lodge No. 4 to reimburse more than 400 retirees who the state’s highest court determined were overcharged for health insurance premiums.

The dispute began seven years ago, eventually reaching the Maryland Court of Appeals in 2012. The court sided with the union, but the county refused to pay, and interest on the judgment amount was added to the final tally.

FOP President Cole Weston said the county could have avoided some of those costs.

“This has been in litigation for a long time, and there’s been plenty of opportunities to settle this case along the way,” Weston said.

The county relented after Circuit Judge Michael J. Finifter ordered officials, including County Executive Kevin Kamenetz, to appear in court June 26 to explain why they hadn’t followed the ruling, under threat of contempt of court charges and possible jail time.

That threat “created severe anxiety and personal distress for those officials and their families,” wrote Assistant County Attorney James J. Nolan Jr. in court documents submitted Friday. Nolan wrote that the payment is “solely the result of the coercion and duress” over the jail threat.

“As a body politic and corporate, Baltimore County could not let this occur to its dedicated officials,” Nolan wrote.

County officials have asked the judge to cancel the June 26 hearing. Finifter has not yet ruled.

Don Mohler, Kamenetz’s chief of staff, declined to comment on the newly filed court papers.

The county is appealing recent rulings in the case to the Court of Special Appeals, so Weston said the union will hold the money in an escrow account until litigation is over.

The case centered on what portion of the retirees’ health care insurance the county subsidizes. The money in the judgment is for officers who retired between 1992 and 2007, when more health care costs were shifted to the retired employees. The amount each retiree will get ranges from about $500 to $5,200, depending on their age and insurance plan, Weston said.

County officials say they have increased the subsidies for the future, as ordered by the court.

alisonk@baltsun.com


Baltimore County Files a Certificate of Compliance with the Circuit Court

Today, Baltimore County filed a Certificate of Compliance with the Court Order and issues a check for $1,696, 403.98  to the FOP to reimburse the retirees that were overcharged for their health care.

Read the filing here

 

Baltimore County will pay in police retiree case

The payment would reimburse hundreds of police retirees whom the state’s highest court found have been overcharged for health insurance.

Circuit Court Judge Michael J. Finifter ordered Kamenetz and two top officials last month to appear in court June 26 to explain why the county refused to comply with orders to reimburse the roughly 440 retirees.

The Baltimore County Fraternal Order of Police Lodge No. 4 had asked Finifter to hold Kamenetz, county administrative officer Fred Homan and budget and finance director Keith Dorsey in contempt.

The Kamenetz administration responded with a motion asking Finifter not to make them appear in court. On Wednesday, Finifter denied the motion.

The county plans to pay the amount ordered by the judge within the next few days, said Don Mohler, Kamenetz’s chief of staff. The court judgment stands at more than $1.6 million.

The payments are to go to officers who retired between 1992 and 2007, when the county shifted additional health care costs to retirees. The union argued that the county violated its contract when it made that change; the county contended that the shift was negotiated through a committee that included union representatives.

The dispute made its way to the Maryland Court of Appeals, which ruled in the union’s favor in 2012.

“The county’s goal all along has been to protect the taxpayer,” Mohler said in an email to The Baltimore Sun. “We still believe that all employees and retirees should pay the same rate for health care and that one group should not pay less than another.

“Notwithstanding, Baltimore County will make payment as ordered and expects that the petition for contempt will be dismissed immediately,” the statement said.

Cole Weston, president of the local FOP lodge, said Wednesday that union leaders had not heard from the Kamenetz administration about its decision to repay the retirees.

“We look forward to hearing from them to bring this to a successful conclusion,” he said, “but there are a number of things that would need to be done.”

He said courts have ordered the county not only to reimburse the retirees, but also to reduce the health insurance premiums it continues to charge them.

“Until we have clear confirmation that they are going to follow the court’s order,” Weston said, “we’re certainly not going to withdraw any petitions on behalf of the people we represent.”

The union initially sought about $573,000 for the retired officers, but the amount grew to over $1.6 million to cover legal fees, interest and premiums that retirees continue to overpay.

9:44 p.m. EDT, May 28, 2014

alisonk@baltsun.com

twitter.com/aliknez

Judge Finifter Denies Baltimore County’s Motion to Quash for Kamenetz Contempt Hearing

Baltimore County Circuit Court Judge Finifter has denied a motion by Baltimore County in the upcoming June 26, 2014 Show Cause Hearing.  The County’s motion was to strike County Executive Kevin Kamenetz, Baltimore County Administrative Officer Fred Homan and Director of Budget and Finance Keith Dorsey individually.  In the Order dated May, 28,2014 Judge Finifter Denied the motion.

On April 15, 2014 Judge Finifter issued a Show Cause Order for the above to appear before the Court for a hearing on the Petition for Contempt and Show Cause why the Court should not hold each in contempt and/or impose sanctions, including incarceration.

The case stems from a grievance filed by the Fraternal Order of Police Lodge #4 back in 2008.  The FOP won the grievance in arbitration and the case has been appealed up to Maryland’s highest court, The Maryland Court of Appeals, who ruled in favor of the FOP.  The County has since refused to reimburse the 442 affected retirees ($1,626,567.28) for overcharges in health care subsidies.

Court Timeline of the Case

Law Enforcement Appreciation Day at Dover Raceway

Dover Banner

Dear Mr. Weston,

Join the National Law Enforcement Officers Memorial Fund at the Monster Mile in Dover, Delaware for our 5th annual Law Enforcement Appreciation event on Sunday, June 1, 2014. Once again our friends at Dover International Speedway have put together an incredible offer with exciting new incentives.

Order Now!

Martin Truex Jr.

NASCAR Driver
Martin Truex, Jr.

For just $109, the Law Enforcement Appreciation Day package includes:

  • Reserved ticket to the NASCAR Sprint Cup Series race ($84 value)
  • Trackside access pass to go on the Speedway’s front stretch on Sunday morning before the race
  • Exclusive access to the Public Safety group hospitality area with all-you-can-eat buffet and beverages (Pepsi and Anheuser-Busch products)
  • Special guest appearance by Martin Truex, Jr.
  • Door prizes and much more

The first 400 attendees will receive a limited edition Memorial Fund – Monster Mile challenge coin!

This year a special raffle will be held—prizes include a special Grand Marshal Ride around the Speedway, a 10-lap YOU DRIVE package and a training session by Monster Racing. All ticket holders are entered to win.

So purchase your tickets online now, or call the Dover ticket office at 800-441-RACE. Mention the Memorial Fund by name when purchasing your ticket(s) to receive this special package. You’ll not only get a great day of racing fun at the Monster Mile — you’ll also support the Memorial Fund in its mission to honor America’s law enforcement heroes.

Have fun showing your support for law enforcement knowing that $20 of each ticket sold benefits the Memorial Fund.

Sincerely,
Craig Floyd
Craig W. Floyd,
Chairman & CEO

P.S. Please share this event with your friends and family.

FOP Lodge #4 Endorsements of Candidates for the 2014 Election

You can see FOP Lodge #4′s endorsement of candidates for the 2014 elections by clicking the link below:

Endorsements 2014

Please encourage your friends and family to support these candidates who support law enforcement and the FOP.