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The Lodge regrets to announce the death of retired member Gerard “Jerry” Bowen formerly of the Traffic Division on April 22, 2012.

Friends may call at the Schimunek Funeral Home of Bel Air, Inc., 610 West MacPhail Road (at Rte 24) on Wednesday April 25, 2012 from 3 to 5 and 7 to 9 PM

A funeral service will be held at the funeral home on Thursday April 26, 2012 at 11 AM.

Interment to follow at the Highview Memorial Gardens.

In lieu of flowers, contributions may be made to the Epilepsy Foundation Chesapeake Region, 8503 LaSalle Road, Towson, MD 21286-5915 www.epilepsyfoundation.org

The Court of Appeals has granted the petition for a Writ of Certiorari requested by FOP Lodge #4 in the Retiree Subsidy case.   No date is set as of now.

The issues listed below will be addressed by the court.

Baltimore County Fraternal Order of Police, Lodge No. 4 v. Baltimore County, Maryland – Case No. 3, September Term, 2012

Issues – Labor & Employment -
1) Under MD common law, should an arbitration clause in a collective bargaining agreement be enforced after that agreement’s expiration when an otherwise arbitrable grievance is presented concerning vested rights that arise out of that collective bargaining agreement?

2) Does the common law of MD require the court or the arbitrator to determine the arbitrability of a postexpiration grievance arising out of a collective bargaining agreement containing an arbitration clause?

3) Did the lower court err in holding that in the arbitration opinion & award at issue in litigation, the arbitrator failed to address the question of whether the arbitration clause had expired?

The Lodge regrets to announce the passing of Betty Wilson, mother-in-law of Officer Darrin Kelly, assigned to Franklin Precinct 3.

Viewing and funeral arrangements are as follows:

Viewing: Friday – April 20, 2012, 10:00 a.m. to 11:00 a.m.  at the Myers-Durboraw Funeral Home,  136 East Baltimore Street Taneytown, Maryland 21787

Funeral: Friday – April 20, 2012, 11:30 a.m.  Keysville Union Cemetery

Please keep the Kelly family in your thoughts and prayers.

The Lodge regrets to announce the passing of Nancy Haederer, mother-in-law of Lieutenant Scott Canter.

Visitation and funeral arrangements are as follows:

Visitation: Friday, April 20, 2012 , 2:00 to 4:00 p.m. and 7:00 to 9:00 p.m. at the Schimunek Funeral Home, 9705 Belair Road Nottingham, Maryland 21236
410-256-3600

Funeral: Saturday, April 21, 2012, 1:00 p.m. – 1:30 p.m. Schimunek Funeral Home 9705 Belair Road Nottingham, Maryland 21236

Interment at Druid Ridge Cemetery, 7900 Park Heights Avenue, Pikesville, Maryland 21208

By Alison Knezevich, The Baltimore Sun

7:16 PM EDT, March 31, 2012

When union members gathered outside the Baltimore County courthouse recently, many waved signs depicting County Executive Kevin Kamenetz, some referring to him as a bully or cheater.

They were protesting a bill proposed by Kamenetz that would have cut overtime wages from AFSCME workers’ retirement benefits — an outcry that last month helped deal the county executive the first legislative defeat of his term.

More than a year into his tenure, Kamenetz has had an uneven relationship with Baltimore County’s public employee unions as his administration seeks new agreements with several labor groups. County officials say the fact that nobody has been laid off or furloughed shows that Kamenetz — who struggled to attract labor support in his 2010 campaign for the job — cares about workers. Others aren’t so sure.

David Rose, second vice president of the Fraternal Order of Police Lodge No. 4, said his group has not had much communication with Kamenetz. Contract issues between his group and the administration broke down, and were sent to an independent arbitrator.

“They’re not really labor-friendly,” Rose said of the administration. “They don’t negotiate, in my opinion, in good faith.”

Labor groups argued that the recent overtime bill was an attempt to circumvent contract negotiations for AFSCME, and County Council members tabled the bill that night by a vote of 4-3 — the first time the council has not approved a Kamenetz administration bill.

The county executive also was at odds with some employee groups last year over legislation to grant general county employees the right to binding arbitration, which voters approved in a 2010 referendum.

Kamenetz has tried to make efficiency and consolidation trademarks of his administration. His chief of staff, Don Mohler, said he believes the county can be fair to its employees while also being responsible with taxpayers’ money.

“We have a singular focus — to save taxpayer dollars and to create a pension system that’s sustainable,” Mohler said. “We have reached significant agreements with our labor groups. Everything that we’ve done has been reasonable.”

While some union leaders heavily criticized Kamenetz over the AFSCME bill, others say his administration has been fair. AFSCME and another union for public workers are still working on contracts that would cover the next few years, but the county has reached agreements with teachers, nurses, firefighters and sheriffs.

AFSCME Local 921 President Norman Anderson called the recent conflict “a hiccup” and said his union would strive for a positive relationship with the Kamenetz administration going forward. A federal mediator is scheduled to start working out contract issues this month between the county and AFSCME, as well as the Baltimore County Federation of Public Employees.

“In all honesty, until he submitted the legislation, we’ve never had any real problems with Kevin,” Anderson said. “I’ve never really felt that we’ve been in an adversarial role or that he was out to get us.”

Anderson suggested some political factors that come into play when dealing with the county work force.

“I think when Kevin’s first term is over, he wants to be able to say he was the only county executive that got through tough economic times without laying off employees, without furloughing employees,” while maintaining the county’s AAA bond rating, Anderson said. “That would be an awful nice feather in his cap.”

Only two unions backed Kamenetz in the 2010 Democratic primary: the Teachers Association of Baltimore County and the Laborers International Union of North America. While most other unions later endorsed Kamenetz in the general election, they supported opponent Joe Bartenfelder in the primary

At the time, union leaders cited the men’s votes on the County Council on issues such as negotiations for public safety unions. Some also felt that Bartenfelder was more sympathetic to working people.

Mohler called the language used by some union leaders in the debate about AFSCME workers’ pensions “disappointing.”

“To suggest that an administration that hasn’t laid off or furloughed one employee is anti-union, I think everybody knows is a bit of hyperbole,” he said.

Mike Day, president of the Baltimore County Professional Fire Fighters Association, said he believed some labor leaders misconstrued the AFSCME legislation.

“In some cases, [the administration is] getting an unjustified bad rap, and I believe that if people are willing to sit down and talk with this administration they’re going to get a lot accomplished,” he said. “If they’re going to keep poking and poking, they won’t. That’s just human relations, not labor relations.”

Day’s union sat on the sidelines of the debate over AFSCME members’ pension. It did not participate in the rally or testify before the County Council, as other union members did. Day, who sits on the county’s retirement-system board, also supported the administration this year in a bill before state lawmakers that would limit pensions for county employees who had previously worked for the state or other local governments. Other unions opposed the legislation.

“Even with how coveted public safety is in the public eye, they still obviously want reasonableness as taxpayers,” Day said.

Abby Beytin, president of the Teachers Association of Baltimore County, said her union has worked closely with Kamenetz.

“I couldn’t have asked for anyone better to work with,” she said. “They’ve been very supportive of us, so we’ve been very pleased.”

John Ripley, president of the Baltimore County Federation of Public Employees, said it’s still too soon for him to assess Kamenetz because his union is still trying to work out a contract extension.

“We’re still cautiously optimistic that we’re going be able to reach an agreement and get contract extensions, but it hasn’t happened yet,” he said.

But he said his group has been disappointed in the county’s slow progress on contract talks.

“We get calls almost on a daily basis from employees trying to get updates on contract negotiations,” he said. “Certainly, county employees’ frustrations are growing as each day passes and we don’t have an agreement.”

alisonk@baltsun.com  twitter.com/aliknez

Copyright © 2012, The Baltimore Sun

Baltimore County is considering a lawsuit against Merrill Lynch in hopes of recovering millions lost in a bad investment five years ago.

County Council members met in a closed briefing with County Attorney Mike Field, members of County Executive Kevin Kamenetz’s administration and the county auditor’s office on Monday to discuss the matter. County Council Chairwoman Vicki Almond said it dealt with a $21 million investment made in 2007.

Almond, a Reisterstown Democrat, said she believed all of the money was lost, though others who attended the meeting said the county lost most, but not all, of its investment.

Merrill Lynch spokesman Bill Halldin declined to comment.

The Kamenetz administration had asked the council to approve a contract for outside legal services Monday night, but Almond said members had many concerns and wanted to wait until next Tuesday’s meeting.

“We felt that it needed to be discussed openly at a work session before it was voted on,” Almond said.

Kamenetz chief of staff Don Mohler declined to comment on the briefing, saying it was confidential.

“At the appropriate time, it’ll be part of a public discussion,” he said.

Council members who attended the meeting said they could not comment in detail.

“It was confidential material that was discussed, but as with all things, the County Council will always be looking out for the taxpayers of Baltimore County,” said Councilman David Marks, a Perry Hall Republican.

According to people who attended the meeting, the county was approached by a law firm that has sued Merrill Lynch on behalf of other municipalities, including King County, Wash. Those people did not have the name of the firm; several attorneys from different firms are listed In court documents from the Washington case.

That county sued the firm in July 2010. The lawsuit, which is pending in federal court, claimed that Merrill Lynch sold debt securities to King County that it marketed as “safe, conservative and liquid money market investments,” but that the investments were tied to subprime mortgages and turned out to be “illiquid junk.”

That lawsuit described the case as “another example of what happens when a giant Wall Street bank chooses to elevate its thirst for profits above all else — over its duties to its clients and over its obligations to tell the truth.”

In a response filed in court, Merrill Lynch denied wrongdoing and called the complaint “a selective recitation of alleged historical facts and speculation, much of which is both irrelevant and inflammatory in tone and content.”

alisonk@baltsun.com
twitter.com/aliknez

Public officials often say they can’t reveal information because it’s subject to “attorney-client privilege,” even though it would be legal to do so. That was the case with a story this week about Baltimore County’s deliberations over whether to file suit against Merrill Lynch over losses on a $21 million investment.

Earlier this week, four council members attended a meeting with County Attorney Mike Field and members of Kevin Kamenetz’s administration, as well as other officials, to discuss possible legal action.

On Tuesday, Kamenetz chief of staff Don Mohler would not even say what the meeting was about, saying it was subject to attorney-client privilege. County Council Chairwoman Vicki Almond confirmed to the Sun the meeting occurred and what was discussed, but other council members would not.

Abraham Dash, a professor at the University of Maryland Law School, says the only person who is bound by the attorney-client rule is the attorney, not the council members and other officials who attended the meeting.

“There’s no question that anyone at the meeting, they’re not prohibited from revealing [what happened],” he said.

While there’s nothing stopping the officials from talking about the meeting, they also have no obligation to do so, Dash said. There are reasons why officials don’t want to talk about litigation, he said, such as not wanting another party to get a glimpse of their legal strategy or tactics.

By Alison Knezevich, The Baltimore Sun

The Baltimore Sun

Baltimore County pension officials are privately scrambling to meet a deadline to file a lawsuit in an attempt to recover tens of millions of dollars in county pension funds.

County Budget Director Keith Dorsey and County Attorney Michael Field met with Council members Vicki Almond, Cathy Bevins, David Marks and Ken Oliver and members of the county auditor’s office late Monday prior to the council’s voting session. The subject of the meeting was the approval of a contract to hire an outside attorney to pursue a lawsuit against Merrill Lynch, multiple sources tell Patch, speaking on the condition of anonymity because they are not authorized to discuss the meeting publicly.

Almond confirmed the meeting, but said the discussion was confidential.

“This will all be discussed at a future date,” Almond said.

Oliver, reached by phone Tuesday, declined comment.

“I won’t comment on it,” said Oliver.

Marks also declined comment.

“The discussions were confidential,” said Marks.

Bevins did not return calls seeking comment.

At issue was a $21 million investment made nearly five years ago by a county employee in a fund invested primarily in subprime mortgages. The fund, called Mainsail II LLC, collapsed when the economy tanked and the housing bubble burst.

The outside attorney, who would work on a contingency fee basis, would file a lawsuit similar to that filed by Kings County, WA, in July 2010. The law firm would be paid more than 33 percent plus expenses, if the county wins its case, sources said.

Don Mohler, a spokesman and chief of staff to County Executive Kevin Kamenetz, acknowledged the meeting, but declined to answers questions about the subject.

“Mike Field had a confidential, closed, attorney-client briefing with the council about possible legal action that may or may not come before the council in the next couple of weeks,” said Mohler.

Months after a pension investment backed by subprime mortgages went bust, Baltimore County officials asked the County Council to pass changes to pension regulations barring those same types of investments.

County Budget Director Keith Dorsey asked the council to approve the changes in January 2008—months after a $21 million investment in Mainsail II LLC failed to pay off as expected.

Still unclear is whether or not the council was informed of the failed investment at the time that they were being asked for the changes.

There are no news reports citing a failed investment from the time.

There are also no minutes from the meeting that shed light on Dorsey’s testimony. The council ultimately passed the resolution on Jan. 22, 2008.

County Executive Kevin Kamenetz was chairman of the council at the time. Don Mohler, a spokesman and chief of staff to Kamenetz, declined to comment on the issue and said the county executive would not answer questions about his recollections of that 2008 meeting because of pending litigation.

One key section of the regulations bars the county from directly purchasing investments that include “asset-backed paper, commercial paper with a final maturity date that is extendible at the option of the issuer, and derivative investments,” according to sources who spoke to Patch on condition of anonymity because they were not authorized to speak about the failed investment.

Another key provision is the creation of an investment board made up of Dorsey, County Administrative Officer Fred Homan, county Investment Administrator Robert Burrows and a contractual financial adviser. Sources say the new committee was created in order to provide the type of oversight that was previously missing that may have allowed the bad investment to occur in the first place.

Dorsey and other county officials met in secret Monday with four members of the Baltimore County Council to discuss the Mainsail II LLC investment and a possible lawsuit against Merrill Lynch, the company that sold the investment to the county.

The meeting was not previously announced to the public and council members and county officials who attended have all declined to speak about the subject citing attorney-client privilege.

The issue resurfaced this week after the county asked the council to approve a contract to hire outside counsel to pursue legal action against Merrill Lynch. The county asked for quick passage of the contract citing an impending statute of limitations deadline.

The fund is already the subject of a federal lawsuit brought in 2010 by King County, WA.

The Lodge regrets to announce the passing of Betty J. Spears, wife of retired Officer “Bill” Spears (Essex and Report Review), Mother-In-Law of Officer Kevin Doyle #2777. Ms. Spears died on April 17, 2012

Memorial Service 04/23/2012 at 7:00 p.m.
at the Colliston Family Funeral Home
South Seminole Chapel
335 East State Road 434
Longwood, FL. 32750

Flowers accepted or a donation to the
Hospice Of The Comforter
480 West Central Parkway
Altamonte Springs, FL 32714

9304 Harford Rd.
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General E-mail Address: office@foplodge4.org