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Tuesday, January 15, 2008

Pollitt Veto Overridden - Wicomico Voters Cannot Have Cake and Eat It Too

Last week, Wicomico County Executive Rick Pollitt vetoed Bill 2007-03, the County Council's legislation establishing a county labor code and collective bargaining and binding arbitration for the Sheriff's Deputies. At today's meeting of the Wicomico County Council, the Council unanimously voted to override the County Executive's veto.

This legislation has been highly contentious, and will continue to be so. Prior to debate on the motion to override, County Attorney Ed Baker provided an opinion as to the legality of the bill. Since the voters of Wicomico County chose to adopt a County Executive form of government, the Wicomico County Charter prohibits the County Council from introducing, adding to, or reallocating any budget line item. The Council may amend a budget line presented by the Executive by reducing the presented amount. Therefore the Council's legislation, which does not bind the Council to the Executive's budget (as allowed by the Charter) nor permits the Council to engage in any negotiations with the Deputies' bargaining agent, is both legal and proper.

Council President John Cannon gave any excellent summary as to the Council's reasoning. The Council must remain faithful to the Charter. For certain parties to infer that this legislation is somehow "anti - law enforcement" is not only incorrect, it is ridiculous.

The FOP's attorney's designed the ballot initiative which mandated collective bargaining. They did so with full knowledge of the County's recent charter change and the pending turnover to an Executive form of government. Did they expect the County Council to ignore their legal and moral responsibilities to the Charter and the citizens? Perhaps they had attended some Salisbury City Council meetings by mistake.

As Mr. Cannon pointed out, other Maryland counties (including Anne Arundel, Harford and Howard counties) with Executive forms of government and collective bargaining / binding arbitration requirements have adopted similar legislation.

What is most disturbing about this process is the threats of the FOP's leadership. When voters were asked to support collective bargaining and binding arbitration the FOP claimed that their sole intention was achieve better benefits for the deputies. By hurling blame at the Council and threatening litigation many will now question their motives. I have no reason to dispute the words of many fine officers who have shared their concerns with me. I do, however, question the motives of their union leadership and attorneys.

cross posted on Delmarva Dealings
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13 comments:

Anonymous said...

Cato:

What a pleasure to have a truly independent council, not 3 stooges like Louise Smith, Bubba Comegys and Shanie Shields, who rubber stamp Barrie Tilghman every time.

Anonymous said...

NO. What the county council did is choose that the binding arbitration does not bind to them, only the county executive. Therefore, the council is the one that approves funding, etc. They don't want to lose power. The people of this county voted in good faith to pass legislation for binding arbitration, NOT binding only to the county exec and not others.

Bear in mind that during members of the county councils campaigns they were all in support of law enforcement specifically the binding arbitration agreement.In fact, Cannon stated multiple times that he is a friend of law enforcement and supported the collective barganing agreement. However, now that they are in office they have changed their tune dramatically because they do not want to lose any power. The assersion that the "union" attorney and administrative body is pushy and demanding totally stupid. There is a next election coming... and you will not have the support of the people, county council...I will remind voters, with my own money on cable and print ads, that you lied to the people that helped put you in office with signs in their yards and votes.

Anonymous said...

Could you post the names of the council members that voted for the
bill and over rode the veto? It would be nice to know who to call/ email my displeasure.

Anonymous said...

The override vote was unanimous, I believe. Kudos to all.

Anonymous said...

Tomato Tow-mato!

Come on G.A.! The contract is hung up on one word; "County". And the Council's interpretation of that word "County", the council thinks "County" does not include them.

"County" means the Government of Wicomico County including the Wicomcio County Council.

Lets just call it for what it is, The council does not trust the citizens of Wicomico County to research what they vote for! The voters had a voice and it was ever so clear! Over 2 to 1 in favor of collective barg.! The council needs to represent the will of the people and not thier own agneda

Why have binding arbitration when the Exec is binded but the council can subtract whatever they want from a contract. An independant arbitrator is there to keep it fair for both sides.

FOP 111, it's lawyers and Rick Pillott are doing a great job! Keep up the stong work!

Call you council rep and tell them your not as stupid as they think!

Anonymous said...

It is very clear that the County Council made promises that they failed to keep. I will do everything that I can to get each one of them out of office the next election. It is also VERY clear that they ARE anti-law enforcement. I remember their promises of doing the people's will. This was not what the people wanted. Enjoy your term in office, it'll be your last: especially Cannon. Your true colors have definitely shown.

GRAND DAD---You need to seriously think about running. You've got my support and vote.

Anonymous said...

How is it being done in Anne Arundel, Harford & Howard? If it's working, why do we have to reinvent the wheel?

Anonymous said...

I am not happy with joe holloway or any of the other council members. i talked to holloway before he was elected and he said he supported law enforcement BULLSHIT joe, who patroled your store when you ran it you seem to forget

Anonymous said...

It is funny how John Cannon and Joe Hollaway clung to Mike lewis' coat tail during the election. Hmmmmm I wonder if mike will give them the free ride this time. I spoke face to face with Cannon and he is good. I have looked murders,robbers, rapist in the eye and they did not lie as well as he did. You got me once it wont happen again. I thought you were the real deal. You and Joe should open a used car lot or maybe sell some air conditioners to the eskimos. See you at the next election. It is unfortunate the deputies are caught in a power stuggle between the Council and the Exec. Rick Pollitt is serving the will of the people. Dont ever try to take that away. Rick keep up the great work and God Speed. As to the council members that are so arrogant to believe this county has such an uneducated voting base see how stupid we are the next election.

Anonymous said...

I think the deputies who are responding on this forum are disgusting. Remember the oath you took to protect the public, not threaten lawmakers. You are as dispicable as the firemen that made threats. Could you be anymore selfish or selfserving? No doubt you will attempt to be. When you took the job you knew the risks. Stop acting like spoiled brats that don't get their way and find another job with the REAL people in the county. I doubt the private sector would hire such immature jerks who trade patrolling Joe's store for political favors.

Anonymous said...

is the sheriff going to address this issue or is he full of shit to. he promised to take care of the deputies, yes they are getting an update in equipment but there is more to taking care of deputies than new equipment. i hope to see the sheriff pubicly speak about this lack of support from the county council or is he just along for the ride i can't tell.

Bob said...

No.....he specifically told me just a few days ago that he thinks the council is NOT carrying out the mandate of the referendum. He said he believes that the people voted for it and thats what should be carried out.

Anonymous said...

Lets make it simple for the ones who do not agree with 70% of the voter.

First: I respect your right to disagree but....

Its like saying; "I didn't vote for John Cannon i voted for "Jon" Cannon. Someone totally different. so John Cannon is not the council president.

or...

...electing a President,a senator, etc with OVER 70% of the vote. The people elect Candidate A. Then the US government saying, oh nevermind we like candidate B better. "THE PEOPLE didn't really know what or who they voted for, so we just picked candidate B for them!"

That is exactly what is being done here. Wicomico County Citizen voted for collective bargining but the "Council" chose to ignore it.

Like it or not, G.A., CATO and Company the people chose to support the Depuites and thier fight for better retirement and disability with OVER 70% majority Vote. Your "County" Council chose to ignore the very same people who put them into office all because of one word "County".

You don't have to agree with the Collective bargining, but you can't ignore that it was put into place by 70% of The People of Wicomico County!