MoCo Council President Roger Berliner and Police Union Attorney Trade Barbs Over "Question B" Debate Invitation

BACKGROUND: Maryland Juice recently wrote about the heated debate between Montgomery County's elected officials and the labor union representing their police force (FOP Lodge 35). At issue is "Question B" on this November's ballot, which asks County voters to decide whether the FOP should have "effects bargaining" rights. A "vote for" Question B would repeal "effects bargaining" for MoCo police, while a "vote against" Question B would maintain "effects bargaining." First the police union tried to persuade the MoCo Democrats to endorse a "vote against" Question B, but after failing they quickly asked for an ethics investigation over County Executive Ike Leggett's lobbying for a "vote for" using taxpayer resources.

FOP CHALLENGES MOCO COUNCIL PRESIDENT ROGER BERLINER TO DEBATE: Now, the police union's newly hired Question B advocate, Lanny Davis, is challenging MoCo Council President Roger Berliner to a debate. The FOP issued a press release calling for a public discussion over Question B, but the invitation was met with a quick rebuke from Berliner's office and then another response from the police. You can read the full exchange of words below:

MoCo Police Union Calls for Investigation of "Misuse of Taxpayer Funds" // FOP Questions Government Lobbying on Referendum

UPDATE: Montgomery County Councilmember George Leventhal forwarded Maryland Juice a memo from county government attorney Marc Hansen. In the document below, Hansen advises members of County Executive Ike Leggett's staff that he believes it is legal for government officials to lobby for one side of a referendum:
MoCo Attorney Advisory Memo on Government Lobbying for Referendum
BACKGROUND: Maryland Juice recently reported on the battle over the Montgomery County Democrats' upcoming sample ballot mailing. The stakes are high this November, with voters being asked to weigh in on numerous contested referenda on the Presidential ballot. Along with the statewide questions regarding marriage equality, the Dream Act, redistricting and gambling, MoCo voters will be asked to decide whether police officers should have "effects" bargaining rights in their labor agreements (Question B). The Fraternal Order of Police, the labor union representing MoCo cops, is now questioning whether government officials can lobby for one side of a referendum using taxpayer resources. The Washington Post recently summarized the battle as follows:

Meet Our New Reporter: Police Chief Moose // Today's Blotter: MoCo Fights Police Referendum, Ehrlich Aide's Trial & More

Several readers asked if Maryland Juice would ever feature guest writers. We've decided that the customer is always right, so we've brought on a very special reporter to periodically present law enforcement news. Since we live in the Internet era, our new crime and justice correspondent will be reporting to us from the beaches of Hawaii. We decided to introduce him E True Hollywood Stories-style, and find out what he's been up to.

Those of you who were living in the metro region during the terrifying sniper attacks may remember Montgomery County Police Chief Charles Moose. TIME Magazine named him person of the week on October 10, 2002 and wrote:

Charles A. Moose is in a bit of a bind. As Montgomery County Police Chief, Moose wants desperately to identify the sniper who has terrorized the Washington D.C. suburbs for the past eight days, most recently killing a man at a Virginia service station. But this strong-willed, inveterate leader wants to do it his way.... For his role as the unofficial spokesman for the sniper investigation, Charles Moose is our person of the week....

You may recall that during the sniper investigation Chief Moose found himself at the center of sudden international fame and global news coverage. The U.K.'s BBC News had this article about him as the sniper investigation concluded:

In October, the character of Chief Charles Moose, the Montgomery police chief who led the investigation into the Washington DC area sniper killings, will appear in a film dramatising the attacks which terrorised the area in 2002. The killings transformed Mr Moose from an obscure local police chief into an international name. He is reported to have been paid $170,000 to write his new book - Three Weeks in October - but his fame has not come without controversy....

The enduring impression however, it was widely agreed, was of an officer who appeared committed and persistent in the face of the ongoing attacks. Nonetheless, his decision to write a book about his experiences has sparked a heated debate.

Earlier in 2003, the Montgomery County ethics commission ruled Mr Moose could not write a book about the case and remain its police chief. A public employee should not use the prestige of office for private gain, the board ruled As a result, he decided to leave his job, although not before filing lawsuits to try to overturn the decision....

We turned to Wikipedia to discover Chief Moose's whereabouts. His last known location was Honolulu, Hawaii in 2010:

Moose later graduated from the Honolulu Police Academy and reported for duty as one of the members of the Honolulu Police Department. On Aug. 4, 2010 The Gazette reported that Moose is no longer employed at the department.

It turns out Chief Moose is still in Hawaii and has some idle time, so he's agreed to highlight some interesting Maryland-related law enforcement news for Maryland Juice readers. Here's his first installment:

Montgomery County Police Succeed in Placing Bargaining Rights on 2012 Ballot // Board of Elections Certifies 34,828 Signatures

Montgomery County police have succeeded in putting the fate of their bargaining rights in front of voters in 2012. A government employee informs Maryland Juice that the Montgomery County Board of Elections has certified 34,828 signatures submitted by the police employee's union. The announcement came by way of a letter from Election Director Margaret Jurgenson to the County Executive and County Council President. Some police bloggers apparently got involved in the signature-gathering to subject Bill 18-11 to a referendum:

The Gazette previously reported on the reasons for the signature-gathering effort from the Fraternal Order of Police, Lodge 35:

Montgomery County police officers are asking voters to restore their right to negotiate over transfers, new equipment and staffing levels, a right prohibited earlier this year by the County Council.

Police officers, along with a company the union has hired and representatives of the county government employees’ union, have gathered about 40,000 signatures in support of putting a question about collective bargaining on the ballot in the 2012 general election. The question would ask voters whether they wish to restore effects bargaining, which gives the union the right to negotiate over management decisions unrelated to salary, benefits and working conditions....

To put the issue before voters next year, the union must have 30,234 valid signatures — 5 percent of the county’s 604,669 registered voters at the time the law was signed by County Executive Isiah Leggett, according to Kevin Karpinski, the attorney for the county’s Board of Elections.

The police have succeeded in certifying 34,828 signatures, effectively asking Montgomery County voters to decide whether or not to keep Bill 18-11. We copy the language of the cops' targeted bill below: