State proposes emergency regulations to change HSA requirements.

During the last week of December I received a package of proposed “emergency regulations”.  As I read through them I was surprised to see amongst them an emergency regulation scheduled to take effect on Dec. 31, 2008 which would eliminate the need for all students to pass the High School Assessment (HSA) in order to receive a diploma.

The State of Maryland has spent tens of millions of dollars preparing teachers and students to get to the moment when passage of the HSA will finally actually determine whether a student obtains a diploma.  Starting in the summer of 2009 Maryland High School seniors will be required to pass the HSA tests given in January and April of each year. Students are tested in Algebra, Biology, Government and English.

Realizing that some students might struggle over the test even after having taken them several times, a “Bridge Plan” was established as an alternative means to meeting the graduation requirement.  A student that could not pass the HSA after two or more attempts could still obtain a diploma if they could show that they “were making satisfactory progress toward graduation, had participated in locally administered or approved assistance, and have demonstrated satisfactory attendance as determined by local standards.”

Apparently, the creation of the Bridge Plan exception is not enough to sway the concerns of the Educational bureaucrats.  They now plan to try to pass “emergency regulations” that will allow those who have failed the HSA and been unwilling or unable to complete a “Bridge Plan” to appeal the denial of  a diploma.

The State Board of Education spent so much time, effort and money telling teachers and students that the new policy was that the State was now serious about the educational requirements we attach to Maryland High School diplomas and that there would be consequences for failure, yet now, when the day of reckoning arrives, the State decides to create a loophole big enough to hide its massive educational failures within.

Before we abandon the path of responsibility and accountability we should have a public discussion of  whether it is better to stay with the current HSA program and the Bridge Plan or to abandon them by allowing students to obtain their diplomas regardless of whether they have met the established minimum standards.

As a member of the Administrative, Executive, Legislative, Review (AELR) committee I exercised my right to request a public hearing on the proposed regulations. The hearing will be scheduled shortly after the 2009 session begins.

Standing in solidarity with O’Malley’s easy targets.

After consulting with many of my fellow legislators on what options we have and what is the best way to show our solidarity with our fellow State of Maryland employees I have decided that I will donate one days salary to a charity in each of the four counties that make up a portion of the 36th District.

Governor O’Malley made news recently when he decided to give State employee’s the early Christmas present of a few days off without pay. Legislators are exempt from being furloughed, but many of us want to show solidarity with our staff and support personnel so we had to decide whether to give back a portion of our pay and how to go about it. After pondering on the problem, I have come to the conclusion that the State has enough of my money and that of my constituents, which it consistently fails to spend wisely. So, I will instead, donate my money to  local charities.   By giving to a local charity, in each county, I can assure the money will be used locally and that my constituents benefit directly.

Frankly, I am perplexed as to why Governor O’Malley would have chosen to make examples out of the State employees. It was the easy way to make a point, “Times are tough”, we get it. What our constituents want to hear is, what do we intend to do about the nearly half a billion dollar revenue projection deficit and the one and a half billion dollar structural deficit.

What we don’t want to hear is the sorry excuse that no one could have forseen the national economic crises. I was there when many of us stood on the floor during debate and argued not to raise taxes because there were all the signs that we were heading for a recession.  I also know that the taxpayers don’t want to see us take the easy way out by just shifting the responsibility onto the Counties.

We deserve to hear some answers from those responsible for leading us out of the State’s fiscal crises. What I want to hear is that the Governor will propose a budget with 2% or less growth and will consider real significant government down sizing with the elimination of ineffective or redundant programs.

There are numerous places to make real cuts (not just decreases in increases), it will just take a little courage on the part of the Governor to lead us into those places politically hard to go.  Hopefully his is prepared to do so,  now that he has warmed up on the easy targets.

Whig failed to cover several issues raised at the annual Delegation meeting.

At the annual Cecil County, “Meet with the Delegation Day” this year several newsworthy issues rose which unfortunately were not reported on by the local press. The treasurer’s yearly request that the mechanism for raising the pay of the treasurer be reevaluated made headlines but little else was reported on.

Other newsworthy events which were not reported on were the Delegation’s inquiry into why the Elk Landing Board of Directors would have entertained the idea of selling adjoining land recently purchased with State open space funding.

Elk Landing Foundation board member, Mr. Josh Brown told the delegation it was the idea of the town of Elkton. (See reports in Someonenoticed.wordpress.com) The Delegation pointed out that our credibility is damaged when we go to Annapolis, ask for State open space funding to purchase land while extolling the benefits of its historical significance, in the battles of 1812, to the State of Maryland, receive the money, then, less than five months later, the Elk Landing board and town of Elkton, try to sell the land for commercial development. The delegation requested that in the future we be consulted before the Town of Elkton attempts to sell land purchased with State funds.

Another item which one would have thought worthy of being reported to the public was when the delegation inquired of the Board of Education why the taxpayers were being asked to pay over three million dollars for the new Elkton High School stadium when we had actually already paid for the stadium once before. The additional costs were explained as being attributable to cost overruns and increased cost of materials which caused other monies to have to be redirected. To this day I am not sure how much Elkton High School renovations are actually over budget, nor where the extra tens of millions of dollars went. Perhaps these are questions the citizens will seek answers to when they meet with the Commissioners on January 13, to discuss the 09 projected budget.

This leads to another area which the delegation discussed with the County Commissioners. It was announced that the County would not be able to go forward with the new School of Technology. I suggested that the County not close the door to the idea but rather wait to see if the O’Bama Administration does as it has proposed and provides about a trillion dollar economic stimulus package geared to infrastructure. If that occurs we suggested that the County Commissioners should be prepared with “shovel ready” projects such as the tech school, a list of bridges and the MARC line link. The Cecil County Commissioners were receptive to and encouraged by our suggestions.

Another area of discussion which should have been reported on was when Senator Pipkin advised the Commissioners that there were two bills that he and I would be submitting. The first would require that the Economic Development Director for Cecil County be a County employee. Currently, Cecil County’s Economic Development Director, Mr. Vernon Thompson is paid in excess of $130,000 per year. When the Cecil Whig recently published the list of the County’s top paid employee’s Mr. Thompson’s salary was not listed because he is not an employee, he is an independent contractor. Aside from the fact that he is being paid an excessively high salary, his contract does not even include and exclusivity clause. Thus, he is free to work for Delaware, Harford County and whomever else he chooses while being paid over $130,000 per year by Cecil County. Thus a company could contact him about relocating and he would be free to suggest to them they relocate in Delaware, Harford County or elsewhere. The County has raised his contract payment about $5,000 every year for the last few years with little accountability for what they receive for the expenditure. I suggest that the spring the County Commissioner’s consider advertising this as an employee position at between $80,000 and $90,000 per year to see what caliber of individuals apply. If the County is able to hire a qualified person as an employee to perform the tasks of economic development director at $80 to $90 thousand dollars, they would have saved enough to hire a new teacher or police officer and still save the taxpayers tens of thousands of dollars.

Senator Pipkin also told the Commissioners that he and I would submit a bill to prohibit a County Attorney from also representing a city or municipality because of perceived inherent conflicts of interest. This has been a problem not only in Cecil County but also in other counties in the 36th District and the State.

Also unreported was that the delegation was working with the local government officials to prevent future problems. For instance, the delegation asked the health department, the department of social services and Upper Bay Mental Health to be proactive in working out a plan to address the impending increase in gambling addictions. Everyone present agreed this was a good idea and is now moving forward to be ready when legalized gambling is expanded in Cecil County.

There were other positive messages which came out of the meeting such as the congratulations given to Major Foster of the Cecil County detention center for his efforts in working throughout the summer and fall of last year with me to finalize the Correctional Officer’s Bill of Rights Act (C.O.B.R.A.) I was able to get the bill passed for Cecil County last year and it is inevitable that additional counties will want to bring their officers under the protection of C.O.B.R.A.

These are just a few of the events that were discussed or which took place at the annual Meet with the Cecil County Delegation Day. The press can not cover everything that takes place so I trust this helps the citizens who were unable to be there, to better understand what occurred. Please let me know your comments, questions or concerns.

Town Cancels Meeting with Delegation About Homeless

The Town of Elkton finally agreed to meet with Senator Pipkin and I on Jan. 8 to discuss the crime situation in Elkton, unfortunatley today I received notice that they have canceled the Jan 8 meeting. They are requesting a meeting on a Thursday while the legislature is in session. We will work with the town to get a meeting around their schedule. In the meantime, it certainly would be nice if they could address the immediate problem of the large debris field, which they left along the banks of creek  under the bridge. Certainly that doesn’t require a meeting to correct. Please be sure to see our photo page on this subject. Also check back frequently for we’ll keep the blog updated.

If you agree, please contact the Mayor and Commmissiones and ask them to clean up their mess under the Senator Walter Baker bridge.  Here’s the link to the town web site so you may email them or call them.

Elkton Paralyzed by Fear of the ACLU

During the first week of December, we set up the Christmas tree and the nativity scene in the office window. Things were starting to feel like the holidays. A day or so later a member of my legislative staff went to lunch in Elkton and was surprised to find one of Elkton’s homeless men standing along side of route 213 urinating in the road. Thinking such behavior might be detrimental to attracting shoppers to the downtown area, she reported the problem to a nearby Elkton police officer.  The officer was busy writing a ticket, but said he would take care of the matter as soon as he was done. My staff member waited for the officer to finish and then watched as he drove by the man who was pushing a shopping cart down the sidewalk along 213 towards Elkton.

After my staff member related the lunch time misadventure, I suggested a call to the desk Sergeant to advise him of the experience. Perhaps the officer received another call to an emergency and could not stop, we would not know unless we called. The desk Sergeant was on the road at the time, but promptly returned our call. The Sergeant was empathetic to our situation, but stated he was as frustrated as we are and would see if one of his policemen on patrol spotted the man. My staff member proceeded to have a conversation with him about the ACLU case and my staff member told him we would look into the issue. I appreciate that the Sergeant promptly responded and was honest in his response and concern about the problem.

It appeared clear to me that the “hands off the homeless policy” was originating further up the political chain of command, so I put in a call to the Chief of Police. The Chief was not available at the time, but did call back within the hour. I explained what happened to the staff member and he expressed his sympathy for what was witnessed and stated if the homeless violate the law they will be arrested. I explained to the Chief of Police about the many constituent complaints I had been receiving regarding rising crime in the Elkton area. After giving several specific examples I asked if he would meet Senator Pipkin and me at 5pm in my office on Monday in order to discuss our concerns about the crime problem. The Chief’s response was to say “crime happens everywhere”. “Crime happens everywhere” is the last response I would have expected to receive from Elkton’s Police Chief.  I then went on to explain to the Chief that I had received several constituent complaints about the homeless men living under the Walter Baker Bridge. The Chief’s response to this was that, “We don’t know who owns the bridge”. (All I could think at that time was, you didn’t really say that, did you?) I asked, “Well, what is being done to determine whose bridge it is?” I asked if one of the homeless goes to sleep drunk and rolls off into the river and drowns will the excuse be, “We did not know who owned the bridge? I mentioned that I had been told that one homeless man had been recently stabbed under the bridge and thus, this was a dangerous situation that needed correction. Once again, I asked the Chief if he would meet with Senator Pipkin and me. I suggested that if there was a problem with the Town being able to support him, or a lack of funds, we would help in anyway we could. I was told the Town fully supports him and he has everything he needs. I would eventually ask at least two more times to schedule a meeting with the Chief, but he never accepted any of my requests to schedule a meeting or offered to meet with us at any other time or place.

On Thursday of the next week, the Mayor was at the yearly meeting with the “Cecil County Delegation’s Legislative Request day.” Senator Pipkin and I brought up the problem we had with the Police Chief and were told by Mayor Fisona that any homeless violating the law should be arrested and that he would schedule a meeting with the Senator, me and the Police Chief.  As I was driving to work on Friday morning, I was shocked and dismayed to see numerous police cars, fire trucks, ambulances and various emergency personnel around the Walter Baker Bridge and Marina Plaza. I immediately knew that the rain over the last two days had caused the river to rise and whoever had been sleeping under the bridge when that happened was in trouble. It turned out that one man had to be taken to the hospital for hypothermia and a second man was missing. As of Friday, it was thought he may have walked away or he may have drowned, but authorities were not sure at the time. It seems to me that the firefighters and rescue personnel would not have needed to be risking their lives by going into the river looking for people who may have been sleeping under the bridge, had the town not taken a hands off approach with Elkton’s homeless.

I realize the homeless are our brothers, sisters, neighbors and loved ones, in need of assistance. Elkton offers many services to those who wish to avail themselves of said opportunities.  My concern is with the apparent attitude that many of the homeless are now free to appear drunk in public, camp or sleep any where they choose and violate any number of misdemeanor laws without fear of arrest. Elkton has gained the reputation as a good place for homeless persons to come because they are free to do as they wish without fear of being arrested for doing so.  I suggest that the Town treat all persons, homeless or not, similarly with regard to public drunkenness and or other anti-social behavior.The Town needs to pass ordinances which will restrict camping over night to specific areas. There should be some effort to curtail people from dropping off furniture and mattresses behind the Goodwill at Marina Plaza. Unfortunately, those living under the bridge are able to drag the items from the Goodwill, fifty yards away, to under the bridge. The placement of signs prohibiting after hour drop offs or a fence, might prevent future use of the bridge as a camping area.

While we are discussing things that can be done, perhaps the town can send out some personnel to clean up the large mess left on the site. Apparently, whatever did not float down the river was left in a large pile under the bridge. If the Town does not have the personnel or money to clean up the soaked chairs, mattresses and other materials left behind, perhaps the Town could ask the Sheriff to seek volunteers from amongst the prisoners who go out on road side clean up crews and the Town or County could supply the truck to take the materials to the dump.  The failure to properly address the homeless problem last year led to their living under the bridge. The unwillingness of the Police Chief to address the problem of the homeless living under the bridge led to a near tragedy and resulted in the current mess left behind. If the town does not address the mess left behind, we risk another problem from the environmental damage caused by allowing all the trash to be carried down river by the next high water incident.

The Town of Elkton needs to meet with the Delegation, the County and other stake holders to address a game plan for compassionately, but firmly addressing the growing homeless problem in Elkton.