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Monday, February 20, 2012
"Governing With a Rod of Iron" By Delegate Mike McDermott
We can start with a governor who changed his mind on the issue. Who first pushed for Civil Unions…who then agreed that “the people” should be allowed to vote by referendum…who then made same sex “marriage” a primary legislative focus for 2012. It’s funny as I recall those Eastern Shore democratic legislators telling us how the governor’s focus was going to be on, “Jobs! Jobs! Jobs!”…I just didn’t realize they were talking about wedding planners.
Consider the title of the bill: “Civil Marriage Protection Act”. Titles are intentionally crafted in Annapolis to disguise their intent. After all, when you want to change the definition of marriage, which has been in place since the beginning of time, you start by telling the people you simply wish to “protect” marriage. What kind of caldron produces this stuff?
The committee process in the House was something to behold as well. All of the previous same sex wedding bills have been assigned to the Judiciary Committee, until now. For the first time, in a highly irregular move, the bill was put forward to two committees: Judiciary and Health and Government Operations. The reason was simple: after all their machinations and arm twisting last session, they now lacked the votes to get a favorable vote from the Judiciary members. So, they went committee shopping and found one that would serve their purpose.
Historically, in the rare instances when two committees are utilized for a bill hearing, one of the committees is assigned as “primary” and the other as “secondary”. In this case, Judiciary was the primary committee of record. For voting purposes, the primary committee should vote first before the issue is moved to the secondary committee members. If the vote fails in the primary, it should not move to the secondary. In the case of the O’Malley-Brown Same Sex Marriage Bill, the committee votes were joined together in order to garner the number of votes necessary to claim a “favorable” vote. The fact is, the Judiciary Committee voted “No”, while Health and Government Operations voted “Yes”. The HGO vote was all on partisan lines which is exactly what the Speaker was counting on in the end. They say this has been done before, but no one can remember the last time it was done this way. That speaks volumes.
The combined committees also reviewed amendments offered on the bill with all of them being rejected. Some votes were closer than others. There was an effort to put the issue before the voters as a referendum which had bi-partisan support, but fell short of the votes needed. Following this meeting and voting session, the bill was moved to the House where it was laid over for a day to allow for others to offer amendments.
On Friday morning, a joint meeting of the committees was held to review amendments offered on the bill. I was told there were 200 amendments at the desk waiting for this bill. While many were no doubt duplicitous, the committees would normally review and vet each amendment to determine if it should be adopted into the bill. Our joint meeting lasted about thirty seconds and we were all told that any amendments would be offered and debated on the floor of the House. The rush was on and the fix was in. This action was one of the biggest downfalls of the process, but the next action was even worse.
All bills deserve a free and fair debate. Monumental legislation that seeks to change historic references and definitions should not be rushed. When we came into session on Friday afternoon, the bill was only on Second Reader. This is the time in the process where amendments can be offered to a House Bill by any member from the floor. Normally, these amendments are offered to the respective committee where they can be reviewed, vetted, and debated. There is great reluctance to amend a bill on the floor since that vetting process has not occurred and members are understandably skeptical. I have seen amendments made or questions asked on bills that resulted in a bill being Special Ordered until the matter could be thoroughly addressed and vetted by the assigned committee.
As this bill was debated and amendments offered on Second Reader in the House, there were some clear issues with some of the amendments being offered. Interestingly enough, one of the amendments which had been rejected in committee was offered again on the floor by Delegate Wade Kach (a Baltimore County Republican who did a 180 after a midnight meeting with the governor and decided to vote “Yes” on the bill). Magically now, the amendment was said to be “favorable” by the committee. Of course, this was not true as the same amendment had been rejected. Apparently being part of the deal, the amendment to delay the effective date of the bill to Jan. 1, 2013 was then agreed to by the House.
A second amendment was more troubling. It was a more complicated, technical amendment regarding judicial severability of the bill. It was offered by Delegate Tiffany Alston, a Prince Georges County Democrat who is currently under indictment for election financial fraud. She was originally against the bill and voted against it in committee. Out of the blue, she advised that if her amendment was passed, she would vote in favor of the bill. Her amendment, which she never even spoke of in committee, was said to be “supported by the committee”. It passed and what followed immediately was a significant exodus from the chamber of senior democrats…they knew it was over and they had her vote.
In the fog of war and the battles on the floor of the State House, rumors and scuttlebutt abound. Many are born out of speculation, many based upon practical experience, and many because they are simply true. Two republicans voted with the democrats on this bill. Both had previously said they would not do so. Both, it seems, met privately with the governor in the days before the bill went to the floor. It was said by many that “jobs” were on the table…commission appointments…board appointments…one can only speculate. Weighing out what constitutes thirty pieces of silver in this economy can be tough.
On the Democratic side of the House, Delegate Alston has criminal charges pending to be resolved after session. The case against her was said to be very strong, but was also rumored to have been filed by a governor appointed State’s Attorney following her strong opposition to the Same Sex Marriage bill offered last session. She too had a reported private meeting with the Governor the day before. Another aging Democrat from Baltimore City was rumored to have sold out for a relative who is seeking better state employment opportunities. Only time will tell, but I will leave it to the citizens to do the math.
Come to think of it…maybe this is a jobs bill after all!
On Friday, I again had the opportunity to witness two sunrises and two sunsets in one calendar day…all from my seat on the House floor. Second Readers take place on one day and are followed, generally, on the proceeding day as a Third Reader. However, wishing to plow, ram, shove, this bill through in one day required the magical waiving of the Speaker’s Mace to create another Legislative daybreak…complete with the Pledge of Allegiance and official Prayer of the Day. This was the same tactic utilized to pass the Alcohol Tax last session.
So what normally would have and should have taken a few days to perform with due diligence was forced out of the House within just a few hours. The result on the board for all to see was a vote count showing 71 “Yes” and 67 “No”. It seems now that even this was an illusion.
Following the vote, there was a press release which indicated the count was “72-67”, but that is not what appeared on the voting board. The tally board indicated “71” so something has happened to the count that has not been reflected in actions taken on the floor. Delegate Bahanon (Democrat from St. Mary’s County) would appear to be that extra vote, although he was missing in action on the final count.
It is said you need “71” to pass anything in the House of Delegates, but good leadership is not based on vote total of 71. We are a house divided which cannot stand. It is for this very purpose that consensus must be sought and developed among the people whom we purport to represent. Our leadership has assured us that we will remain divided and, as we move forward, issues will arise which find their Genesis of division in these very votes. It is not “courageous” leadership that squeaks a bill through via machinations, rather it is partisan witchcraft.
I cannot know for certain about jobs promised, or not…I cannot know for certain about other situations which may bring comfort to some for a green vote…but I do know that this issue will only serve to further divide our state at a time when we can ill afford that same division. There will be a referendum of the people (the second one against this governor and the democratic machine) on the definition of “marriage” once the Senate takes their “courageous” vote. Of this we can be sure. There is another vote of which we can be sure as well. It is the one which will occur in November of 2014 when those who put their green vote up on the board will have to answer to those whose place setting they hold in trust.
Keep a watchful eye out for bills that seek to change the referendum process in Maryland to make it tougher on those gathering signatures. Surely this will be tried.
People of Maryland, take back your state!
Sunday, February 19, 2012
Authors Kelvin Sewell & Stephen Janis Present Book at Book Signing Yesterday
The assembled crowd was given a briefing on the book. Mentioned were the gangs/ gang mentality and how disassociated they are from what they do. How most do go to jail for about 10 years except for one gang member discussed in the book, who may never step foot again into society.
Authors Kelvin Sewell and Stephen Janis/ White Marsh Barnes & Noble on Saturday |
This book is FACT even though the stories seem so hard to believe that human beings can act the way they sometimes do. What about the grandmother, raising her grandchild? What about the people with no money to move from the crime ridden streets even if they want to? And HOW, just exatly how, do you present yourself, collect your words to tell your own Mother bad news. Case File 8 stopped me dead in my reading tracks! It would be two days before I could finish the book.
This all happened during my personal reading time just a couple of days before I was to meet Kelvin Sewell (who is now the Chief of Police in Pocomoke City) for the first time. I had received a signed copy of his book from my husband for Christmas. Most times for Christmas I request several books but this year I bumped all the others for this one.
When Chief Sewell asked me how I liked the book I stammered and have no idea what I said becasue I was thinking about his Mother. I was thinking about all those Mothers. And I was also thinking about the dead burned body, a body burned alive with leaves found in his lungs during an autopsy.
Not to be forgotten are the grandmothers raising grandchildren and I can still invision those grandmothers rocking and rocking on city porches waiting for their loved ones to come home, knowing there is no way to get out of a city of what seems to be full of nightmarish crimes. Grandmothers....raising grandchildren....because their own grown children can't. Those grown children are caught in the vicious cycle of crimes and drugs too.....and the grandmothers keep rocking.
And this is just but a small portion of the truth this book holds. No crime prevention group for teens can heal this. The book is proof and if nothing else it raises so many questions. It did for me. Do we, because of some mindsets forgive the horrendous crimes committed? Are these kinds of people to be pitied? Am I glad that I tried so hard to be a 24/7 parent in the small town of Pocomoke? YES! Could THIS type of situation happen in small towns like Pocomoke City? I don't know. But it's something to think hard about.
Everyone should read "Why Do We Kill" to get a clear and honest picture of what crime is in this beautiful city.
There is so much to this book. Authors Kelvin Sewell and Stephen Janis have done an excellent job writing about so much more than what has been discussed here and I'm anxiously waiting for a second book.
Thank you Kathy Schoolfield Ben for the photo.
TIME MACHINE ... A 1905 Delicacy From The Eastern Shore
(Reader-friendly viewing of newspaper archives material)
October, 1905
(The Washington Post)
TERRAPIN RIPE AND HIGHER
Trouble in Raising the Reptile Keeps the Prices Up
From The New York Press
Terrapin season is now on but most of the people in New York will not know it because the prices of the dish is above the average purse. Nevertheless this interesting and delicious reptile attracts all the attention its numbers can supply, and the prices does not count with the majority of people to whom it is served.
The chief source is Crisfield, Somerset County, on the Eastern Shore of Maryland, where the artificial culture of the terrapin was first attempted, and where it has been successfully conducted for twenty years.
"Brer" Terrapin is a peculiar creature. He requires both fresh and salt water daily, and at different times, and this he gets in the inlets and tidal rivers of the Chesapeake. When the tide is out the fresh water flows over him; when the tide is in, the salt. This condition is necessary not only to his best development, but to his existence. If left in fresh water, in a few generations he becomes a common snapper; if in salt he becomes in about the same length of time a sea turtle, and loses his amphibian character.
At Crisfield, A.B. Biggin has a farm containing over 30,000 diamond-back terrapin. They are fed on mashed hard crab meat at low tide, and the scene is highly interesting. The sluggish reptile suddenly awakes to activity and does surprising stunts in the way of fighting for food, which he devours with great rapidity. The pond is a small bay of Tangier Sound, and is enclosed in a stout board fence with wire screens to let the tide flow in and out. The propagation of the diamond terrapins is not very rapid. The females lay from ten to twenty eggs in a season, but as it is the hen terrapins which is the favorite of the epicures, it does not have a fair chance to breed.
There are many other ponds on the Eastern Shore, but the owners buy most of their stock when small from the Pamlico and Albermarle Sound district. The demand for terrapin is now very general, and they are sold in large quantities in the West at the rate of $50 to $65 a dozen for the hen terrapin, and $40 to $50 a dozen for the bulls. An establishment in Delaware makes a specialty of tinning terrapin for the export trade, but it is suspected there is a good deal of red snapper in it, and perhaps some of the dishes served in swell restaurants are not free from the same alloy.
Footnote: During this era turtle dinners on the Eastern Shore were an attraction at public events such as political gatherings.
May, 1960
(The Salisbury Times)
Pocomoke Kiwanis Entertain Team
POCOMOKE CITY- The Pocomoke Kiwanis Club had as their guests on Monday evening the varsity basketball team of the Pocomoke Boys Club.
Ben Cohen introduced the leaders of the club, Avery Smith and Dave Wagner. Mr. Smith introduced the boys to the club and praised them on the excellent way they played during the season. He then awarded a trophy to the most improved player. This award went to Jerry Smith.
May, 1968
An exterminating company's use of chemically treated perches was meeting with success in driving pigeons away from downtown Pocomoke City. Councilman Fred Henderson suggested the plan.
Do you have a local memory to share with PPE readers.. such as a big snow storm, a favorite school teacher, a local happening, something of interest your parents or grandparents told you about? It can be just a line or two or more if you wish. Your name won't be used unless you ask that it be. Send to tkforppe@yahoo.com and watch for it on a future TIME MACHINE posting!
Legislative Updates By Delegate Mike McDermott
Week 6 February 13-17, 2012
Lincoln Day Speech, Monday Session
I was honored to be chosen by our leadership to give the Lincoln Day Address to the House of Delegates. There were several special guests in the House that night including my wife, Laura, and also the governor of Iowa, Terry Branstad. I spoke on the re-adoption of the principles of the Declaration of Independence as the motivation behind the Lincoln presidency. The speech lasted 12-minutes and I enjoyed the opportunity to share with my colleagues the time honored challenges of securing freedom for the coming generations, and for the world.
Judiciary Hearings Tuesday, Feb.14
HB-199 Would modify the current makeup of the Judicial panels conducting Sentencing Reviews by setting the panel number at three. We heard from several judges who have been working with the committee to update current law in order to streamline the review process.
HB-235 Would allow for records of non-violent crimes to be shielded after 10-years from public view yet remain available for criminal justice agencies (need to know). This may have merit but needs to be amended to insure that the 10-year time span begins following completed service of the original sentence. There was some opposition from Social Services, Nursing Board and various groups who need criminal history to protect their clients.
HB-237 Would require a court to provide people convicted with instructions on the process of expungment of records. It appears that this is already required by the law. There were other flaws pointed out by the State’s Attorney Association.
HB-398 Would expand the Wiretapping statute to include Theft Scheme as a crime to be included on the list of enumerated crimes allowing law enforcement to conduct this type of surveillance. This was requested by several states attorneys who have found it complicated to develop cases against major theft operations involving millions of dollars due to the limitations of the current statute.
HB-411 Would keep the Post Conviction Review by use of DNA evidence in place. It is due to sunset this year. This would allow the reviews to continue.This act has led to some innocent person to be released from prison based upon DNA review.
HB-251 Would allow Ocean City to conduct criminal background checks on taxi cab applicants. This is already allowed in many jurisdictions across the state. There was no opposition.
HB-349 This bill would extend the statute of limitations on misdemeanor Child Pornography charges. Law enforcement can run into time crunches trying to secure digital evidence in these cases. The addition of two years would make sense in these types of cases.
HB-351 Would include the crime of Burglary as a factor in determining if a sexual contact offense should be considered as being in the third degree. Currently, this type of contact within the context of a burglary would only be a fourth degree act.
HB-188 Seeks to create a law dealing with possession of synthetic cannabinoids. Worcester County recently took this action locally. This bill seeks to ban the synthetics statewide. Proponents stated that “K-2” or “Spice” is a gateway drug and can cause seizures and other reactions. One chief witness claimed that death has also been a result. The testimony indicated that the substances are already banned in 40-states. Many of the synthetics have already been listed as Schedule One drugs by the federal government making them illegal.
HB-338 Seeks pre trial release restrictions to eliminate Unsecured Bonds for any serious crimes. These are bonds where a person simply signs an assurance that they will appear for court or face forfeiture of a certain cash amount. Their only security is their signature.
Judiciary/HGO Joint Voting SessionTuesday
A joint voting session was conducted on Tuesday with the Judiciary and the Health and government Operations Committees meeting in the House Judiciary Meeting Room to address HB-438, the Same Sex marriage Bill. Several amendments were brought forward and debated. There was great reluctance to allow any changes to the bill on the part of the democrats. here are the amendments which were offered:
1-Would allow public school teachers the ability to opt out of teaching materials relating to sex education or non-traditional families if it were to be opposed to their values or religious teachings. This amendment was defeated following debate.
2. Would allow parents the opportunity to determine what portions of a sex education curriculum that their students will participate in at school. As opposed to opting out of the education, this would require parents to opt into the instruction. This amendment was defeated following debate.
3. Would prohibit a minor from marrying another individual of the same sex. It was fascinating to see all of the democrats agree that it would be alright for a 16 year old boy to marry a 48 year old man...incredible! Even this amendment, reasonable as it is, was defeated.
4. Would allow the effective date to be pushed back by several months to allow for a public referendum to be mounted. There was much debate on the process and whether the rights of the people would be protected should the Attorney General not certify the petition process.There is a lot of concern that shenanigans would follow this process and the people would have their Constitutional rights abridged. This amendment was also defeated on a very close vote.
5. Would protect the definition of marriage and create Civil Unions for same sex couples.It would give all the rights of married individuals to same sex couples, but it would not redefine marriage as being between a man and a woman. I consider this amendment a great compromise that bridges the gap. This was also defeated by the democrats.
Following the amendments, there were closing statements on HB-438 itself. Having made the final arguments, and lamenting that the people were not being allowed to vote for themselves. Several delegates raised concerns on many aspects of the bill, but in the end, both committees voted largely along party lines with a few democrats voting against the bill. The bill was passed onto the floor by a vote of 25-18.
Judiciary Hearings Wednesday
HB-265 Would create a task force to study the implementation of a civil right to counsel in Maryland. This request was being put forward by members of the judiciary and civil rights advocates. While this is just a study request, no doubt the implementation of expanded rights to counsel would come with a huge price tag for Marylanders.
HB-557 Would provide certain protections to the estates of deceased persons whose names (famous personalities) may be used unscrupulously by persons for profit. This bill would provide protections that would not dissuade famous people from feeling like they needed to leave Maryland in order to protect their estate interests after they died. There was some debate over trade mark issues already in play and available. HB-353 Would require employers to make allowances for workers who must serve on jury duty from being required to work on the same day they have jury duty. It particularly seeks to protect employees who must work a night shift. Testimony would indicate that this is not a major problem, but we did here from an employee who had trouble with an employer when she was summoned for jury duty and was required to serve.
HB-318 Would alter the eligibility threshold for “small” estates. This allows for a streamlined process for estates of limited amounts. This bill would raise the threshold amounts to $50,000 and $100,000 respectively when dealing with these estates. The amounts have not been adjusted for many years and this would raise the amounts to a level commensurate with inflation and values. This makes sense and would help folks dealing with these small estates.
HB-527 Addresses amounts in bankruptcy cases which would add $2000.00 in exemptions of firearms which can be shielded from normal bankruptcy proceedings. This would help protect heritage firearms from being sold off as part of a bankruptcy settlement.
HB-524 This bill would allow sheriff’s deputies who are members of the bar in Maryland to practice law in Maryland.
Judiciary Hearings Conducted Thursday
HB-598 Would allow for Arrest Warrants to be issued for Juveniles. Currently, juveniles are often picked up by police and then Juvenile Justice is contacted. This bill would allow for a Juvenile Court Judge to issue a warrant for the arrest of a juvenile who is wanted by police.There was some question as to whether or not this right of the judiciary already exists.
HB-496 Would place criminal penalties against professionals who fail to report child abuse in accordance with proper procedures. The requirement is already in the law, but up till now, there is no fine or sentence attached to this statute. This bill is one of many that have been filed this year (including one of my own) and the primary difference may be found in the fines and sentencing applications.
HB-614 Would require the Department of Juvenile Services to provide address and other pertinent contact information to the victims of certain criminal acts so they can better protect themselves and their safety compromised.This bill would allow the release of juvenile information as to where a perpetrator lives, works, goes to school, etc.
HB-484 Would require a person found guilty of Animal Cruelty to pay the costs associated with the care and medical treatment of the animal. There are a few of these bills being circulated this year.
HB-420 Would continue a pilot program ongoing in Washington County which requires certain individuals to be monitored by GPS Tracking devices.
Friday Session
Friday was a blur of activity culminating in a historic vote on Gay marriage. The machinations to bring this vote about, the creation of “magic” Legislative Days which allowed this to occur, and the back room dealings I will attempt to address in a follow up response to this weeks release. The final vote count was close as the democrats, with the help of two flipped republicans, put up the minimum “71” votes needed to pass HB-438. Much more to follow on this bill.
The Same Sex marriage bill now moves on to the Senate whee it is expected to pass with few obstacles.
Saturday, February 18, 2012
TIME MACHINE Preview ... A 1905 Delicacy From The Eastern Shore
What was it? Details this Sunday on The Pocomoke Public Eye!
Do you have a local memory to share with PPE readers.. such as a big snow storm, a favorite school teacher, a local happening, something of interest your parents or grandparents told you about? It can be just a line or two or more if you wish. Your name won't be used unless you ask that it be. Send to tkforppe@yahoo.com and watch for it on a future TIME MACHINE posting!
SATURDAY SPECIAL ~ Shore Beef & BBQ
Two-Year Covert Taxi Probe Nets 91 Drug Charges
Last week, the OCPD announced cursory information about Operation Sand Dollar, a two-year undercover operation targeting drug trafficking in the resort area during which an undercover officer posed as a cab driver to infiltrate Ocean City’s shadowy social circles.
“The undercover officer posing as a cab driver and owner was a good way to infiltrate the social circle,” said DiPino on Monday. “It’s often a primary mode of transportation for those involved in drug trafficking.”
DiPino said those targeted included local residents engaged in drug use and distribution. DiPino said the operation did not include tourists.
“The list includes many locals,” she said. “At no time were tourists targeted.”
For his part, Mason said the operation could be the tip of the iceberg and promised similar operations in the future.
“We will continue to go after drug users and dealers,” said Mason. “You’re going to see a lot more to come.”
Mason said he hoped Operation Sand Dollar sent a clear message to users and dealers in Worcester County.
All in all, the operation led to 34 indictments and 119 total counts including 91 distribution charges and 28 conspiracy to distribute charges. Sixteen of the 34 suspects list Ocean City as their address, while seven others call Worcester County home. Twenty-two suspects have been apprehended, while four were already in custody on unrelated charges. The remaining suspects were still at large as of mid-week.
Among those apprehended already were Ronald Alimo, 51, Ocean City; Jonathan Grubbs, 23, Willards; Troy Middleton, 41, Ocean City; Charlene Chester, 47, Ocean City; James Camper, 49, Trappe; Glynnis Sullivan, 54, Ocean City; Robert Hayes, Sr., 44, Ocean City; Orean Kennedy, 52, Ocean City; Dawn Ramaska, 34, Ocean City; James Hudson, 49, Showell; Robert Ray, Sr., 53, Ocean City; Donald Collins, 53, Ocean City; Mary Baker, 55, Ocean City; Stacy Baker, 38, Ocean City; Guy Erbe, 52, Ocean Pines; Cheryl Merendino, 49, Ocean City; Stanley Layton, Jr., 53, Ocean City; Vernon Spence, 46, Snow Hill; and Robin McCready, 50, Pocomoke.
Those already in custody on unrelated charges included Miranda Florio, 24, Jessup; Lorenzo Sears, 41, Oak Hall, Va.; and Brian Harmon, 39, Westover.
Those indicted but still at large included James Leech, 50, Berlin; John Leo Parker, 57, Bishopville; Darryl Lee Whaley, 55, Berlin; Geraldine Woodland, 49, Ocean City; Christopher Denike, 32, Ocean City; Michael Rose, 54, Ocean City; Paul Francis, 32, Glenwood, Md.; David Allen Brown, 44, Baltimore; Kathy Matthews, 40, Rivera Beach; and Robert Gross, Jr., 43, Kensington, Md.
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Eastern Shore Rural Health Announces Addition Of New Physicians
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Friday, February 17, 2012
Shooting Update- YMCA
Progress on the New Restaurant- Downtown Pocomoke City, Maryland
SHORE BEEF and BBQ Friday Specials
Accomack Board Takes No Action On Fire Tax
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Thursday, February 16, 2012
TIME MACHINE Preview ... A 1905 Delicacy From The Eastern Shore
Details this Sunday on The Pocomoke Public Eye!
Do you have a local memory to share with PPE readers.. such as a big snow storm, a favorite school teacher, a local happening, something of interest your parents or grandparents told you about? It can be just a line or two or more if you wish. Your name won't be used unless you ask that it be. Send to tkforppe@yahoo.com and watch for it on a future TIME MACHINE posting!