THE GAZETTE
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Leventhal: Change process for an executive vacancy Proposal would allow special elections, such as current process used for council openings n
BY
RYAN MARSHALL STAFF WRITER
Montgomery County voters soon may have a new way to choose a county executive if the seat is vacated in the middle of a term. On Jan. 28, County Council Vice President George Leventhal wrote to Montgomery’s House and Senate delegation leaders, asking about a possible state constitutional amendment for a special election if an executive leaves office. An amendment would let the county change its charter or county code to allow a special election. The letter was endorsed by the other council members, but was sent before the council voted on Jan. 28 to appoint Cherri Branson to its District 5 seat. Del. Anne Kaiser (D-Dist. 14) of Silver Spring, the chair of Montgomery’s House delegation, said Thursday she was drafting legislation to create a structure for filling executive vacancies that parallels the one for those on the council. The county charter currently allows for a special election to fill a vacant seat on the County Council if the opening occurs before Dec. 1 in the year before an election is scheduled. But the charter requires that county executive vacancies be filled by a vote of at least five members of the nine-member council. If an appointment isn’t made within 45 days, the council must appoint a nominee chosen by the county central committee of the elected executive’s political party. Leventhal said Thursday
that it’s odd there would be a special election for council seats, but voters would have no say in the replacement of an executive. He said he was partially motivated by the resignation of Anne Arundel County Executive John Leopold, who left office after his conviction in January 2013 for misusing his security detail for political activities and other improper activities using security staff and county employees. The resignation in January of former District 5 Councilwoman Valerie Ervin to take a job as executive director of a New York nonprofit also influenced his decision, highlighting the absence of a special-election process for county executive, Leventhal said. Maryland law currently requires all state and county elections to be held every four years on the date of the congressional elections. The only exception is for a special election to fill a council seat. “Because I believe that the voters of the County should have the same opportunity to fill a vacancy in the position of County Executive as they do for a Councilmember, I ask if there is interest on the part of members of the delegation to pursue the necessary amendments to the Maryland Constitution and Code to make this a possibility,” Leventhal wrote. If the state law were amended, the county could pursue changing the charter and county code amendments needed to make the process to fill the executive post the same as it is for a council opening, he wrote. Kaiser said she expected the bill to come back to the county delegation by Friday for approval to be introduced, and have a hearing scheduled for Feb. 14. She said she also would request a review of the legislation by the attorney general’s office. rmarshall@gazette.net
Wednesday, February 5, 2014 g
Protesters rally against Trans-Pacific Partnership
Protesters outside U.S. Rep. John Delaney’s office building in Gaithersburg on Friday, including from left, Buddy Robson of Berwyn Heights with Teamsters Local 639, Pam Wilt of Catonsville with Communication Workers of America and Betsy Johnson of Chevy Chase with Maryland Sierra Club. DAN GROSS/THE GAZETTE
About 40 protesters rallied outside Rep. John Delaney’s (D-Dist. 6) Gaithersburg office on Friday to urge him to vote against reauthorizing the president’s fast-track privileges for issues like the Trans-Pacific Partnership, a controversial free-trade agreement. The partnership is proposed between the United States, Canada and 10 countries in the Asia-Pacific region and would
remove tariffs and other limits to trade. Protest organizers say the Friday rally in Gaithersburg was part of a North American Day of Action. More than 50 cities across the U.S., Mexico, and Canada were expected to host rallies to raise concerns involving the Trans-Pacific Partnership and other trade agreements. According to papers handed out at the rally, protesters are concerned the
partnership agreement will cause the U.S. to outsource jobs to other countries, increase the cost of prescriptions, and degrade environmental and consumer protections. Delaney has not come forward with a stance on the partnership, according to Will McDonald, communications director for the congressman. — KRISTA BRICK
Frosh, Simmons aiming for a dog-bite solution Lawmakers hope bill will address Court of Appeals ruling on liability n
BY
RYAN MARSHALL STAFF WRITER
A bill backed by Montgomery legislators may help resolve whether certain breeds of dogs carry greater liability for their owners. The state has been trying to figure out how to handle dog attacks since a 2012 Maryland Court of Appeals decision. The
court ruled that the owners of dogs or the property where they live are liable for injuries sustained if a dog bites someone. There has to be proof that the owner knew that the dog was a pit bull or a mixed-breed pit bull. The court decision was later altered to apply only to purebred pit bulls. The decision drew criticism from legislators, dog lovers and animal rights groups. Since then, the General Assembly has tried to create a new standard. Now, Sen. Brian Frosh (D-
Dist. 16) of Bethesda and Del. Luiz R.S. Simmons (D-Dist. 17) of Rockville hope to break through the impasse. Their bill, cross-filed in the House and Senate, increase protections for victims of dog bites by not requiring them to prove in civil actions that an owner knew or should have known the dog was dangerous, Simmons said. The bills also let an owner call witnesses to testify that the dog was friendly and not dangerous and that the incident was isolated or unpredictable. “Every case becomes a jury question [to figure out],” Simmons said. Frosh said he believes the bill is fair to all parties connected to a dog bite and “goes straight down the middle” between victims and dog owners. Dog bites make up about 0.2 percent of total injuries from external causes — including vehicle crashes, slipping and falling, and other reasons — that required hospitalization, Simmons said. Between 2005 and 2011, there was one death in Maryland from a dog bite, compared with about 5,000 deaths from motor vehicles, he said. A hearing on the Senate version of the bill is scheduled for Thursday in the Judicial Proceedings Committee. Simmons said he hopes the bill will “move the ball forward” on the dog issue and break through the impasse the issue has created. Meanwhile, a bill sponsored by Del. Sheila E. Hixson (D-Dist. 20) of Silver Spring
would nullify the Court of Appeals pit bull ruling by declaring that no dog can be determined to be potentially dangerous based solely on its breed, type or heritage. House Majority Leader Kumar Barve (D-Dist. 17) of Gaithersburg and Del. Benjamin F. Kramer (D-Dist. 19) of Silver Spring are among the cosponsors. The bill would prohibit counties, municipalities or property owners from refusing to let residents own certain types or breeds of dogs. Hixson, a long-time dog lover who said her granddaughter owns a pit bull, said she believes that supporters “have a shot” at getting the bill passed this year. “These dogs aren’t born that way. They’re trained,” she said. A number of states have laws that say prohibitions on dogs can’t be breed-specific, she said. Simmons said Hixson’s bill is well-intentioned, but it was essentially tried several years ago when the issue first came up and did not have enough support in the Senate. The Senate hasn’t given any indication it’s willing to consider a bill that would repeal the court’s decision, Simmons said. Hixson said she believes her bill differs from previous legislation in that it would apply statewide rather than leave the issue up to each county. She said she’s talked with Simmons and Frosh about potentially adding parts of her legislation to their bill. rmarshall@gazette.net
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