DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
Sunday, July 01, 2012
Should Salisbury Pay For Ireton’s Defense Of My Lawsuit Against Him?
In public statements made to the mainstream media about the lawsuit that I recently filed against him Jim Ireton has repeatedly said that the City will have to pay for an attorney to defend him. As a resident and taxpayer of Salisbury, at the next meeting of the City Council, I plan to ask the City Attorney, Mark Tilghman, whether he agrees with me that the City is not required to pay for Mr. Ireton’s attorney.
You see, the Maryland Code provides that “a municipal corporation shall provide a defense” for an official only for “an act arising within the scope of the official’s employment or authority.”
The acts that are the subject of my suit were made by Mr. Ireton in his personal capacity and not as part of his capacity as mayor. And my suit is against him, and not against the City, which is not required to pay anything, including his legal fees, because of my lawsuit.
If Mark Tilghman agrees with my view, then I will demand that Mr. Ireton stop stating that my lawsuit against him will cost the City to provide for his defense and apologize on PAC 14 and in Salisbury’s mainstream media for saying so.
Here’s the Maryland Code provision:
COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 5-507 (2012)
§ 5-507. Immunity -- Municipal corporations and officers
(a) Contract actions. -- In an action in contract described under Article 23A, § 1A of the Code, a municipal corporation, or its officer, department, agency, board, commission, or other unit of government, is not liable for punitive damages.
(b) Nonliability of officials generally; torts involving motor vehicles. --
(1) An official of a municipal corporation, while acting in a discretionary capacity, without malice, and within the scope of the official's employment or authority shall be immune as an official or individual from any civil liability for the performance of the action.
(2) An official of a municipal corporation is not immune from liability for negligence or any other tort arising from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
(3) (i) Subject to subparagraph (ii) of this paragraph, a municipal corporation shall provide a defense for an official of the municipal corporation for any act arising within the scope of the official's employment or authority.
(ii) A municipal corporation shall only provide a defense for an official of the municipal corporation for negligence or any other tort arising from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.
HISTORY: 1990, ch. 546, § 3; 1997, ch. 14, § 9.
Posted at 8:00 AM
I Have Two Questions For Now
One, Will the Daily Times do a follow up article on Friday's interview with Bryan Russo? It is news. Actualy, it could be the biggest news piece in Iretons career.
Two, If the Mayor, (as expressed in his interview Friday) forgave ALL of the parties involved in the alleged spoofing incident and the Mayor is well aware that IF what they say happened, did in fact happen, (which I do not believe) WHY was the Mayor satisfied with just an apology call to him and not ME? As many of you will recall, instead, I received a call from Sarah Lake last weekend cursing me out like a drunken sailor.
As your Mayor, I would never accept such an apology unless ALL parties involved had been apologized to. Mayor Ireton continues to make this whole thing out to somehow be my fault, yet I did absolutely nothing. He's angry at me, yet all he had to do was return my phone calls or text messages, he never did.
What I believe to be true is, Jim Ireton is extremely upset because I have an outlet in which I can and will express my thoughts and opinion on this matter and he no longer has control of the rest of the media.
As your Mayor, I would have NEVER entertained a single press conference OR interview. In my opinion the entire thing was staged from the beginning and it backfired.
There have been many comments rejected making suggestions I just drop it and move on. Your not seeing those comments because this is exactly what Ireton's camp is good at, the power of suggestion. No Jim, people aren't tired of the facts and truth. They have every right to stay away from Salisbury News, yet we've seen a record week. Those suggestive comments will never see the light of day. Funny how I've never received an e-mail from one of our readers complaining their comment didn't go up.
In closing I have one statement I hope the Mayor thinks hard about.
If I'm such the homophobe the Mayor labels me to be, why have I never been afraid to publicly express my friendship with Jim Ireton? Why did we show support and endorse Jim Ireton for Mayor knowing Jim was openly gay? Why did we help get him elected?
Your credibility continues to disappear Jim Ireton because people are sick and tired of politicians who just flat out lie because they can't win on their record alone.
Signed,
The Only Victim
Two, If the Mayor, (as expressed in his interview Friday) forgave ALL of the parties involved in the alleged spoofing incident and the Mayor is well aware that IF what they say happened, did in fact happen, (which I do not believe) WHY was the Mayor satisfied with just an apology call to him and not ME? As many of you will recall, instead, I received a call from Sarah Lake last weekend cursing me out like a drunken sailor.
As your Mayor, I would never accept such an apology unless ALL parties involved had been apologized to. Mayor Ireton continues to make this whole thing out to somehow be my fault, yet I did absolutely nothing. He's angry at me, yet all he had to do was return my phone calls or text messages, he never did.
What I believe to be true is, Jim Ireton is extremely upset because I have an outlet in which I can and will express my thoughts and opinion on this matter and he no longer has control of the rest of the media.
As your Mayor, I would have NEVER entertained a single press conference OR interview. In my opinion the entire thing was staged from the beginning and it backfired.
There have been many comments rejected making suggestions I just drop it and move on. Your not seeing those comments because this is exactly what Ireton's camp is good at, the power of suggestion. No Jim, people aren't tired of the facts and truth. They have every right to stay away from Salisbury News, yet we've seen a record week. Those suggestive comments will never see the light of day. Funny how I've never received an e-mail from one of our readers complaining their comment didn't go up.
In closing I have one statement I hope the Mayor thinks hard about.
If I'm such the homophobe the Mayor labels me to be, why have I never been afraid to publicly express my friendship with Jim Ireton? Why did we show support and endorse Jim Ireton for Mayor knowing Jim was openly gay? Why did we help get him elected?
Your credibility continues to disappear Jim Ireton because people are sick and tired of politicians who just flat out lie because they can't win on their record alone.
Signed,
The Only Victim
Watermen Report Crab Shortage
Crabbers are reporting a sharp shortage in their catch this season.
With the Fourth of July rush on the crustaceans right around the corner,
restaurants are scrambling to cover the demand. Gigi Barnett has more on what’s causing the shortfall.
This is the season for crabs and customers to flood into Jesse Lowers’ Crab Shack and Fish Market in Essex. The customers are coming…the crabs, not so much.
“There’s definitely been a shortage and you have to order crabs early for that reason,” said Lowers.
More
This is the season for crabs and customers to flood into Jesse Lowers’ Crab Shack and Fish Market in Essex. The customers are coming…the crabs, not so much.
“There’s definitely been a shortage and you have to order crabs early for that reason,” said Lowers.
More
The Texas Lottery Is Racist — According to the NAACP
For what may be the first time that we’ve seen, one liberal
organization’s paternalism has clashed with the obsessive desire of many
on the Left to see as much money as possible get sent to the
government. Their argument for this particular puritanical outing,
sadly, is unlikely to surprise anyone with even a basic understanding of
what George W. Bush called the “soft bigotry of low expectations.”
The Dallas, Texas, chapter of the NAACP has something of a problem – they don’t particularly like the Texas lottery. Why? Because they think it’s a regressive institution that offers a minuscule chance of financial success in exchange for taking gigantic amounts of money from “vulnerable populations” every year. Presumably, they would rather that Texas make up the revenue it gets through the lottery with higher taxes on the rich. KDAF-TV has the details:
It is always a thrill when a Lotto ticket is printed and you dream of what you are going to buy with the millions of dollars. But Juanita Wallace, the president of the NAACP Dallas Chapter, said those who do the most dreaming in Texas were also the most vulnerable.
More
The Dallas, Texas, chapter of the NAACP has something of a problem – they don’t particularly like the Texas lottery. Why? Because they think it’s a regressive institution that offers a minuscule chance of financial success in exchange for taking gigantic amounts of money from “vulnerable populations” every year. Presumably, they would rather that Texas make up the revenue it gets through the lottery with higher taxes on the rich. KDAF-TV has the details:
It is always a thrill when a Lotto ticket is printed and you dream of what you are going to buy with the millions of dollars. But Juanita Wallace, the president of the NAACP Dallas Chapter, said those who do the most dreaming in Texas were also the most vulnerable.
More
GDP Plunges to 1.9%
On Thursday, the U.S. Department of Commerce released a report chock full of weak growth figures and worrisome economic signals.
The gross domestic product (GDP) dropped from last quarter's 3.0 percent to an anemic 1.9 percent. Over half of first-quarter growth came from automobile sales. When automobiles are removed from the calculation, the GDP grew at just 0.7 percent.Second-quarter growth estimates of 2.0 percent growth, therefore, may be overly optimistic.
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Gun Stocks Shoot Through the Roof
24/7 Wall Street, an investment website, has news on the incredible, practically vertical rise of gun stocks over the past few years:
Records were set in annual units produced by Smith & Wesson and on annual cash generated. S&W said that these results are driven by strong sales of M&P polymer pistols and M&P modern sporting rifles.
The S&W earnings report is full of more “record-setting events” by the gun-maker that were just impossible to ignore. The fourth quarter saw a record at $129.8 million and the company posted a record earnings of $17.8 million for its fiscal year with another record of earnings from operations of $17.8 million.
More
Troopers Investigate Fatal Crash, Rehoboth
Location:
Coastal Highway (SR 1) north of Rehoboth Avenue, 1 mile north of Rehoboth, DE
Date and Time of Occurrence:
Sunday, July 1, 2012 at 2:08 a.m.
Operators and Vehicles:
Operator #1: Russell E. Henman, 44, Snow Hill, MD (Bicyclist)
Operator #2: Brian C. Meegan, 38, Ft. Lauderdale, FL
Vehicle #2: 2003 Jeep Wrangler
Resume:
Rehoboth- The Delaware State Police Crash Reconstruction Unit is currently investigating a fatal motor vehicle crash in which a bicyclist was killed that happened early this morning.
The crash happened at approximately 2:08 a.m. this morning (7/1) as Brian Meegan, 38, was operating a 2003 Jeep Wrangler and was traveling westbound on Rehoboth Avenue preparing to merge onto Coastal Highway north of Rehoboth. Meegan failed to see bicyclist Russell E. Henman, 44, who was traveling in the merge lane in front of him. The front of Meegan’s Jeep struck the rear of Henman’s bike causing him to be ejected onto the hood of the Jeep. Henman was carried approximately 400 feet until the Jeep struck a curb and stopped, throwing Henman onto the roadway. He was pronounced dead at the scene.
Brian Meegan then fled the scene in the Jeep, pulling into a nearby parking lot. He then exited his vehicle and removed Henman’s bike from under the car before being apprehended a short time later by responding troopers.
Brian Meegan was arrested and charged with one count each of vehicular homicide first degree, leaving the scene of a collision resulting in death, driving under the influence of alcohol, failure to report an accident resulting in injury or death, no proof of motor vehicle insurance, and inattentive driving. He was arraigned at JP Court 3 and committed to the Sussex Correctional Institution for lack of $27,700.00 cash bail. He was not injured.
This crash remains under investigation.
Coastal Highway (SR 1) north of Rehoboth Avenue, 1 mile north of Rehoboth, DE
Date and Time of Occurrence:
Sunday, July 1, 2012 at 2:08 a.m.
Operators and Vehicles:
Operator #1: Russell E. Henman, 44, Snow Hill, MD (Bicyclist)
Operator #2: Brian C. Meegan, 38, Ft. Lauderdale, FL
Vehicle #2: 2003 Jeep Wrangler
Resume:
Rehoboth- The Delaware State Police Crash Reconstruction Unit is currently investigating a fatal motor vehicle crash in which a bicyclist was killed that happened early this morning.
The crash happened at approximately 2:08 a.m. this morning (7/1) as Brian Meegan, 38, was operating a 2003 Jeep Wrangler and was traveling westbound on Rehoboth Avenue preparing to merge onto Coastal Highway north of Rehoboth. Meegan failed to see bicyclist Russell E. Henman, 44, who was traveling in the merge lane in front of him. The front of Meegan’s Jeep struck the rear of Henman’s bike causing him to be ejected onto the hood of the Jeep. Henman was carried approximately 400 feet until the Jeep struck a curb and stopped, throwing Henman onto the roadway. He was pronounced dead at the scene.
Brian Meegan then fled the scene in the Jeep, pulling into a nearby parking lot. He then exited his vehicle and removed Henman’s bike from under the car before being apprehended a short time later by responding troopers.
Brian Meegan was arrested and charged with one count each of vehicular homicide first degree, leaving the scene of a collision resulting in death, driving under the influence of alcohol, failure to report an accident resulting in injury or death, no proof of motor vehicle insurance, and inattentive driving. He was arraigned at JP Court 3 and committed to the Sussex Correctional Institution for lack of $27,700.00 cash bail. He was not injured.
This crash remains under investigation.
Wyoming, Delaware Man Charged In Rape Of Child
Location:
Kent County, Delaware
Date of Occurrence:
Between April 2011 and June 2012
Victim:
11 year old female from Kent County
Defendant/Charges/Bond information:
Ian Arias-35 of Wyoming, DE (photo attached)
Rape First Degree (10 counts)
Sex Offender Unlawful Contact Against a Child (10 counts)
Rape Second Degree (10 counts)
Continuous Sexual Abuse of a Child
Unlawful Sexual Contact First degree (10 counts)
Endangering the Welfare of a Child (10 counts)
Committed to James T. Vaughn Correctional Center on $620,000 Cash Bond
Resume:
Wyoming-The Delaware State Police have arrested Ian Arias-35 of Wyoming, Delaware for 51 charges related to Rape First Degree, Sexual Offender Unlawful Contact Against a Child, Rape Second Degree, Continuous Sexual Abuse of a Child, Unlawful Sexual Contact First Degree, and Endangering the Welfare of a Child.
On Sunday, June 17, 2012 Delaware State Police Detectives launched an investigation after the child was brought to a local hospital by her parent for treatment from a sexual assault that had occurred at a residence in Smyrna, DE. The investigation revealed that Ian Arias, who was staying overnight at the same residence, had entered a bedroom where the victim was sleeping and sexually assaulted her.
After a thorough and comprehensive investigation, State Police Detectives along with the Children’s Advocacy Center determined that additional sexual assaults had been taking place since April 2011 at Arias’ residence in Wyoming, DE.
On Thursday, June 28, 2012 Ian Arias was taken into custody and charged with the above crimes and committed to the James T. Vaughn Correctional Center on $620,000 Cash Bond.
Mississippi to Become Only State Without Abortion Clinic?
Mississippi soon could become the only
U.S. state without an abortion clinic as a new law takes effect this
weekend. Critics say it would force women in one of the country's
poorest states to drive hours to obtain a constitutionally protected
procedure or carry unwanted pregnancies to term.
Top officials say limiting abortions is exactly what they have in mind.
Republican Gov. Phil Bryant says he wants Mississippi to be "abortion-free." The law takes effect Sunday.
Abortion rights supporters have sued, asking a judge to temporarily block the law from taking effect. So far, that hasn't happened.
More
Top officials say limiting abortions is exactly what they have in mind.
Republican Gov. Phil Bryant says he wants Mississippi to be "abortion-free." The law takes effect Sunday.
Abortion rights supporters have sued, asking a judge to temporarily block the law from taking effect. So far, that hasn't happened.
More
Statement From Governor Martin O’Malley ON PASSAGE OF FEDERAL TRANSPORTATION FUNDING LEGISLATION
ANNAPOLIS, MD – Governor Martin O’Malley released the following statement on the passage of the MAP-21bill – legislation that will sustain thousands of jobs and transportation investment in Maryland:
“Working together, members of Congress today took an important step forward - for our country and our state. With the passage of this $105 billion bill, states now have the stability they need to plan and execute their transportation programs for the next two years.
“While the duration of this legislation is shorter than we would have liked, the commitment of federal dollars provides us with a critical path forward. Funding levels under MAP-21 remain roughly the same as they have been in recent years, allowing us to continue projects already underway, consider some modest project additions later this year and protect nearly 10,000 transportation jobs.
“However, we still face the formidable challenge of finding new sources of increasing transportation funding so that Maryland, and other states around the nation, can invest in the sorely needed new infrastructure to expand transit, reduce congestion and most importantly, create jobs. To create jobs, a modern economy requires modern investments; investments in greater opportunities for our citizens, and investments in a better quality of life for Maryland.
“I applaud the efforts of Maryland’s Congressional Delegation who have worked so hard to secure the federal dollars we need to make progress. Together, we will continue to work at the state and federal level to maximize the opportunities created by MAP-21 while searching for ways to increase investment in our transportation infrastructure in the future.”
“Working together, members of Congress today took an important step forward - for our country and our state. With the passage of this $105 billion bill, states now have the stability they need to plan and execute their transportation programs for the next two years.
“While the duration of this legislation is shorter than we would have liked, the commitment of federal dollars provides us with a critical path forward. Funding levels under MAP-21 remain roughly the same as they have been in recent years, allowing us to continue projects already underway, consider some modest project additions later this year and protect nearly 10,000 transportation jobs.
“However, we still face the formidable challenge of finding new sources of increasing transportation funding so that Maryland, and other states around the nation, can invest in the sorely needed new infrastructure to expand transit, reduce congestion and most importantly, create jobs. To create jobs, a modern economy requires modern investments; investments in greater opportunities for our citizens, and investments in a better quality of life for Maryland.
“I applaud the efforts of Maryland’s Congressional Delegation who have worked so hard to secure the federal dollars we need to make progress. Together, we will continue to work at the state and federal level to maximize the opportunities created by MAP-21 while searching for ways to increase investment in our transportation infrastructure in the future.”
Officer fatally shot by solider at Fort Bragg Was Highly Decorated War Veteran
Army officials released the name Saturday of the officer fatally shot
by a soldier under his command at Fort Bragg and said he was a
highly-decorated veteran of the wars in Afghanistan and Iraq.
The superior officer killed Thursday has been identified as Lt. Col. Roy L. Tisdale, a Bronze Star Medal recipient and commander of the 525th Brigade Special Troops Battalion, 525th Battlefield Surveillance Brigade.
Tisdale, 42, was from Alvin, Texas.
He was shot allegedly by a member of his battalion during a safety briefing near the unit's headquarters.
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The superior officer killed Thursday has been identified as Lt. Col. Roy L. Tisdale, a Bronze Star Medal recipient and commander of the 525th Brigade Special Troops Battalion, 525th Battlefield Surveillance Brigade.
Tisdale, 42, was from Alvin, Texas.
He was shot allegedly by a member of his battalion during a safety briefing near the unit's headquarters.
More
Obama Plays the Poor Man in Campaign Fundraising Pitches
President Obama, the most prolific fundraiser in U.S. presidential
campaign history, returned Saturday to a fundraising strategy that
increasingly appears more like tin cup rattling.
Since losing the monthly fundraising battle for the first time in May to Mitt Romney, the president appears to have changed his fundraising strategy to suggest he's just trying to keep pace.
“We might not out raise Mitt Romney,” the president said Saturday in an email to supporters. “But I am determined to keep the margin close enough that we can win this election the right way.”
More
Since losing the monthly fundraising battle for the first time in May to Mitt Romney, the president appears to have changed his fundraising strategy to suggest he's just trying to keep pace.
“We might not out raise Mitt Romney,” the president said Saturday in an email to supporters. “But I am determined to keep the margin close enough that we can win this election the right way.”
More
How To Instantly Save Taxpayers $11 Million
If the state of Virginia built a similarly designed school as Wicomico County's proposed new Bennett Middle School, it would cost $11 million less than what we will pay in Maryland. Why? Virginia pays a "competitive wage" rate for such projects, while our state government mandates a much higher rate, called "union prevailing wage."
Therefore, we Wicomico County taxpayers have the privilege of forking over $73 million for the new BMS rather than $62 million.
The Wicomico County Council, for the benefit of its citizens, should courageously lead an effort to waive this "union prevailing wage" rate requirement for the BMS project. In pursuit of this waiver, it should rally support from our county executive and our Eastern Shore state delegation.
Governors, such as Chris Christie of New Jersey and Scott Walker of Wisconsin, have caught the attention of the entire nation with their successful battles with unions in lowering their states' costs. Maybe our County Council, by fighting for this waiver, might ignite a statewide movement to stand against the unreasonable costly demands of unions.
Even if our council fails in this effort, it will expose to voters those elected state representatives who are more interested in wastefully pandering to unions rather than lowering the cost of government for their constituents.
Joe Ollinger
Salisbury
Therefore, we Wicomico County taxpayers have the privilege of forking over $73 million for the new BMS rather than $62 million.
The Wicomico County Council, for the benefit of its citizens, should courageously lead an effort to waive this "union prevailing wage" rate requirement for the BMS project. In pursuit of this waiver, it should rally support from our county executive and our Eastern Shore state delegation.
Governors, such as Chris Christie of New Jersey and Scott Walker of Wisconsin, have caught the attention of the entire nation with their successful battles with unions in lowering their states' costs. Maybe our County Council, by fighting for this waiver, might ignite a statewide movement to stand against the unreasonable costly demands of unions.
Even if our council fails in this effort, it will expose to voters those elected state representatives who are more interested in wastefully pandering to unions rather than lowering the cost of government for their constituents.
Joe Ollinger
Salisbury
Eastern US Storms Kill 13, Cut Power to Millions
Millions across the
mid-Atlantic region sweltered Saturday in the aftermath of violent
storms that pummeled the eastern U.S. with high winds and downed trees,
killing at least 13 people and leaving 3 million without power during a
heat wave.
Power officials said the outages
wouldn't be repaired for several days to a week, likening the damage to a
serious hurricane. Emergencies were declared in Maryland, West
Virginia, Ohio, the District of Columbia and Virginia, where Gov. Bob
McDonnell said the state had its largest non-hurricane outage in
history, as more storms threatened. "This is a very dangerous
situation," the governor said.
In West
Virginia, 232 Amtrak passengers were stranded Friday night on a train
that was blocked on both sides by trees that fell on the tracks,
spending about 20 hours at a rural station before buses picked them up.
And in Illinois, storm damage forced the transfer of dozens of
maximum-security, mentally ill prisoners from one prison to another.