Restrictions on Local Purchasing Powers: The Public Purpose Requirement for Local Funds
By Leela FiresideSenior Assistant City Attorney, Rockville County or municipal clients may ask their attorneys, “Can we give money to this good cause?” or “Can we pay this private business for an economic development opportunity?” As a municipal lawyer, I have found it helpful to have the conversation within a legal framework. In Texas, where…
Virtual Law Day Set for June 2
By Frank JohnsonDeputy City Attorney, City of Gaithersburg The Section will be holding the annual Law Institute on June 2, and will host the event virtually. While we hope in future years to resume in-person events, especially for the Law Institute, the Section Council also recognizes that a virtual event does offer a measure of…
Welcome to a New Year With Our Section!
By Amanda ConnGeneral CounselWSSC Water Happy spring to all the members of the State and Local Government Law section. For those of us that worry about winter weather that affects our government clients, it was an easy winter. I want to encourage our Section members to consider serving on the Section Council. Each year, we…
Agencies Don’t Have to Fully Wait to Terminate
By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker Everyone working for the State knows it takes a while before someone can be fired. A major reason for that is COMAR 17.04.05.03(A), which requires that an employee whose performance is deemed unsatisfactory on an annual appraisal must be given 180 days to try to improve.…
In Zoning, Know the Steps to Accept an Exception
By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker It’s never a bad time for a little appellate reminder on how a local zoning authority should document a variance decision, especially when it also serves as the coda to the nine-year saga of the Wal-Mart Superstore in Clinton. For those who haven’t been tracking Grant…
City Charters that Curtail Claims are Subject to Preemption
By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker Local government attorneys are well-familiar with the Local Government Tort Claims Act, especially its requirement that a plaintiff provide a year’s notice before suing. But they might not expect that the notice requirement would preempt provisions of municipal charters. So although unreported, the recent Appellate Court…
Zoning Laws Can Be Useful Without Stating Uses
By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker An effective zoning scheme will be crafted with the realization that it’s not possible to list everything people might want to do with their property. If owners request permission for an activity that’s not precisely provided for, it’s important if there are other provisions informing employees,…
Position Reclassification Needs Rules and Record
By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker As we are all fully aware, unreported opinions can’t be cited in any way, shape, or form in Maryland courts, but that doesn’t mean they aren’t useful to keep on top of. For one, they can offer a lot of practical guidance on handling frequent, not-particularly-earth-shattering…
Open Meetings Act Forum Tentatively Set For February 6
By Frank JohnsonDeputy City Attorney, City of Gaithersburg The Section will sponsor a virtual Open Meetings Act lunch forum, to include Assistant Attorney General Rochelle Simpson, who advises the Open Meetings Compliance Board, Section Chair Amanda Conn, who teaches about the Open Meetings Act at George Mason Law School, and Frank Johnson, who has been…
Limits On The Constitutional Amendment’s Legalization Of Marijuana And The Impact On Public Policy
By Frank JohnsonDeputy City Attorney, City of Gaithersburg Roughly two-thirds of Maryland voters approved Question 4, which provides that after July 1, 2023, a person “who is at least 21 years old may use and possess” marijuana (legally referred to as “cannabis”), but Question 4 included a second section making legalization subject to the General…
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Maryland State and Local Government Law Blog 