Getting an "A"

            I flunked Civil Procedure.
 
            My law school professor called me into his office to discuss how I could overcome my failing grade.  He all but gave me a subway token so that I could get to Penn Station and take the train home from New York. 
 
            But before he reached into his pocket, he asked a question, “How did you do in your other classes?” 
 
            I replied, “In Professor Telford Taylor’s Constitutional Law class, I got an A.” 
            Brigadier General Telford Taylor was Chief Counsel for 12 cases during the Nuremberg trials of the Nazis. 
 
            I thought of him often as I worked on the bill this session to require the French national railroad company to make available online the records of its deportation of Jews and others to their deaths in Nazi concentration camps. 
 
            Today, Governor O’Malley signed that legislation into law. 
 
            At a reception afterwards, I thanked all of those who helped get the bill passed: the survivors and their descendants, our lobbyists, the Maryland State Archivist, and my legislative colleagues.
 
            I told the story about my grades in Civil Procedure and Constitutional Law. 
 
            “This past session,” I concluded, “we all got an A.”
 
            Normally, the last bill signing means that the next legislative session is eight months away but not this year.  

            We must meet this fall to adopt new boundaries for Maryland’s 
eight Congressional districts, consistent with the one person, one vote 
principle. 
 
             We may also consider legislation addressing the state’s ongoing 
revenue needs. In the next two weeks, I’ll be meeting with advocates 
to discuss how that can be done in a way that is fair and environmentally sound. 
 
             
 

Amendments in the final days

          “I hate to say this, but I don’t think we have much choice. At this late hour, we have to accept the Senate amendments. That being said, what do the amendments do?” I emailed our committee counsel on election law.

          I had just read the changes that a Senate committee had made to the House bill requiring disclosure of independent expenditures in campaigns for state or local offices.

          Prompted by the Supreme Court’s United Citizens decision, my objective when helping to draft this bill was to impose the same requirements for campaign spending by groups acting independently of a candidate that we have long had for committees formed by a candidate.

           I was far from elated when I read the lengthy Senate amendments. So I emailed our staff person.

            “They’re technical,” he responded.

              I hope that’s the case for the amendments that may be added to other bills in the approaching final days of the session.

April 7

A legal and ethical obligation

            I’ve been trying to prevent lead poisoning of children since my first year in the legislature.

            From day one, the landlords have said, “If you require us to do preventive measures, the cost will put us out business.”

            We’ve imposed reasonable requirements that reduce the risk to kids, and the landlords are still among us.   Meanwhile, the number of children who’ve been poisoned has fallen dramatically.

             That’s why I was dismayed to read in the Baltimore Sun that the Housing Authority of Baltimore City is making the same misguided argument that the property owners made 28 years ago.

             “It is not possible” for the Housing Authority of Baltimore City to pay the legal judgments that have been awarded to its tenants who are victims of lead paint poisoning, according to the director of the Authority.

              Senator Lisa Gladden, Delegate Nathaniel Oaks, and I wrote Mayor Stephanie Rawlings-Blake about this today. Excerpts follow.

              “Many of these victims will endure life-long disabilities due to the negligence of HABC, an entity that is not above the law and is legally obliged to comply with court orders.

              “According to the Baltimore Sun, over the last several years, HABC has spent nearly $4 million in lawyer’s fees pursuing questionable legal theories and strategies to avoid its legal and ethical obligations to those it has harmed—even in those cases where HABC agreed in court to the amount of the award.

                “Every dollar spent on frivolous and delaying legal tactics is also one less dollar available for the capital and operating budget needs of HABC.

                “We would be happy to meet with you to discuss and explore the means by which HABC could find or raise the revenues necessary to compensate victims of lead poisoning who now face life-long conditions of often severe disability. This can and should be done consistent with the rule of law and in a manner which protects the resources of the Housing Authority.”

April 6

Waiting for that special moment

            It’s a House of Delegates tradition for me to give the opening prayer for the floor session the day of the Orioles home opener:

            “Spring training and the post season are the best times of year.  It’s the purity of the game. It’s teaching,” said Buck Showalter this spring.

          “Don’t just practice. Practice right, and you’ll do things right in the game. Practice doesn’t make perfect. Perfect practice makes perfect.” Cal Ripken Sr. said that. 

           “Baseball is the only field of endeavor where a man can succeed three times out of ten and be considered a good performer.” That insight comes from the man whose goal was to have people say, “There goes Ted Williams, the greatest hitter who ever lived.”

            Baseball is about practice and dedication.  Individual success and failure.  Team victory and defeat. 

            A catcher blocking the plate while waiting for the ball and the runner to arrive at the same moment.  A batter getting the hit that drives in the winning run. 

            And waiting all winter for that special moment when the umpire shouts, “Play ball!”

April 2

Let the games begin

           Many games will be played between now and midnight on April 11, when the session ends.

           And I don’t mean baseball games.

           A senator may delay action on your bill because the committee you serve on hasn’t voted favorably on the senator’s bill.

           In response, the House committee can amend your bill onto the Senator’s bill, if they both deal with the same subject.

           I have encouraged this in the past and may do so again in the near future.

           Do unto others as they have done unto you.

           Sometimes, a delay can be only a delay, without any Machiavellian intentions.

           I spoke with an advocate who was concerned that inaction on our bill was a bad sign.

           “I don’t think so,” I replied. “Besides, with seven work days left in the session, we don’t need to be paranoid yet.”

            We also talked about getting publicity for our bill the day it is signed into law by the Governor.

            “I’m not going to request that our legislation be signed on a certain day until it passes both houses,” I said. “I may not be paranoid, but I am superstitious.”

April 1

Chance encounters

            I got most of my work done today by running into people. 

            Just before the Senate went into session, I walked into that chamber, looking for a senator who had delayed a vote on one of my bills in committee yesterday. 

            I didn’t find that person but did run into the chair of another committee.  We talked briefly about another bill of mine.  He told me he supported it. 

           Outside of my committee, I ran into the government relations for a non-profit association.  He agreed to put in writing his group’s position on a certain bill of mine. 

            After testifying in the Senate on a bill that I had co-sponsored, I had a conversation with a for-hire lobbyist.  I told him about my strategy for a bill at next year’s session.  He liked it.  He then lobbied me about a bill that will be voted on by the Baltimore City delegation tomorrow. 

            I won’t have discussions like this when I swim at the Naval Academy later today.

March 31

 

A teacher’s gentle prodding

          There’s a hole in my syllabus.

           I have co-taught the Legislation class at the University of Maryland Law School since 1995. Each of those 16 years, one of our guest lecturers has been Dr. Nancy Grasmick, the State Superintendent of Schools.

          Dr. Grasmick announced her retirement this afternoon.

          Every class, Nancy would gently urge me to rethink my position on public education – to be more willing to challenge the status quo on educational policy.

          Her prodding was one of the reasons I joined with Senator Bill Ferguson, who had taken the class, to form a coalition of education reform advocates this past fall.

          As an elected official, I can offer no higher praise of someone than to say that she influenced my position on public policy.

          I hope Nancy will come out of retirement for one hour and fifty minutes this fall semester to dialogue with me and my class one more time.

         Another dose of gentle prodding can’t hurt.

March 30

The road to a unanimous vote

          137-0!!

          That was the message I sent to Aaron Greenfield, the lead lobbyist for the survivors and the descendants of those who perished in the Nazi concentration camps after being transported there by the French national railroad.

         That was the vote this afternoon as the House passed the amended version of my bill requiring the company to make its records of those transports Internet accessible.

          A lot of work preceded that unanimous vote.

          Extraordinarily moving hearings prompted the Senate committee to give the bill a unanimous favorable report right after the testimony concluded.  That is a very rare occurrence.

          Shortly thereafter, the railroad company changed its position on when it could make these records available. What had been impossible to do became something that could be done in four-to-six months.

          Our negotiations over the amendments to accomplish that lasted two weeks. They would have not succeeded without the exceptional efforts of Delegate Pete Hammen, chairman of the committee to which my bill had been referred, and Ed Papenfuse, the state archivist.

           There were times when I had to remind myself not to be too anxious to seek a compromise but to let the discussions follow their natural course.

           After the bill passed, I called the press and Bill Pitcher, the lobbyist for the railroad company.

           I said to him, “The end product is something we can be proud of.”

March 28

The view from the top of the stretch

           I first watched the races at Pimlico from Jay Slater’s roof on Rogers Avenue.

          Jay was in my elementary school class, and he lived at the top of the stretch.

          When we crossed the street to make our first bets, I didn’t shave that day so that I could pass for 18. 

          Now I serve on the committee which has jurisdiction over the Governor’s bill to provide an operating budget subsidy to the racing industry for three years. 

         That means I saw his staff’s proposed amendments to the legislation. 

         I made two suggestions, and both were accepted.

         1. Require the industry to develop a long-term plan to revive racing; and

         2.   Have that plan and other required reports submitted in December, instead of February, so that the legislature will have time to evaluate them while we’re in session. 

          The bill would also create an Oversight Commission on Racing.  Three of its members would be delegates, appointed by the Speaker. 

          I hope there’s room for a delegate who represents the Pimlico area and knows how to read the Daily Racing Form cleanshaven.

March 26

The journey to the Senate

         “I love to be over here.”

          That’s how one of my House colleagues began his testimony before a Senate committee.

          My sentiments exactly. You’re testifying in the Senate only if your bill has passed the House.

          My legislation would prohibit the use of force, threat or intimidation by those gathering signatures to petition onto the ballot a recently enacted law or a zoning decision. It would apply the same standards to those opposing the referendum effort.

          Afterwards, I emailed someone who knows the Senate committee well to get his assessment of how my bill was received.

           While I was at the hearing, my last bill that’s likely to make it to the Senate this session began its journey there.

           My legislation to allow law students to receive grants for lower-paying summer jobs in State’s Attorneys offices and non-profit legal groups received a favorable report from the education subcommittee of the Ways and Means Committee.

March 24

  • My Key Issues:

  • Pimlico and The Preakness
  • Our Neighborhoods
  • Pre-Kindergarten
  • Lead Paint Poisoning