Congressman Delaney Fails to Release Visitor Logs after 30 Days

WASHINGTON, DC - Originally requested on April 19, 2017 in response to Congressman Delaney's statement on the Whitehouse not disclosing Visitor Logs, Congressman Delaney's staff has failed to respond within 30 days to a request for the Congressman's own logs.

Delaney's original statement is below:

“President Trump’s actions betray a fundamental contempt for democracy and a lack of respect for the American people. It is now clear that this country is being subjected to a deeply secretive presidency, one that believes the public is not worthy of knowing even a bare minimum about their activities and conflicts of interest. Long-standing norms that were respected and followed by leaders from both parties are being brazenly ignored by President Trump. The question remains: what is the President trying to hide?”

This failure to respond is quite hypocritical of the congressman, who claims to be a supporter of government transparency, but fails to disclose in a timely manner the same visitor logs which the White House is keeping secret.

Delaney's failure to disclose his own logs further display his complete disregard for his constituents, and his insistence on simply towing the party line. As a reminder, Delaney only became congressman after Democrat governor Martin O'Malley gerrymandered Maryland's 6th Congressional District, which is probably only slightly better than Maryland's 3rd Congressional District.

So I ask you, Congressman Delaney, what are YOU trying to hide?

Ken is the editor of the WashCo Chronicle.

Hogan's Instructions for Senate Vacancy May Have Been Contrary to Maryland Contitution

HAGERSTOWN, MD - It was recently reported by the Herald-Mail that Governor Hogan's office was in the process of sending instructions for the Washington County Republican Central Committee to nominate multiple candidates for the open Maryland Senate seat, previously held by Christopher Shank.

Further research shows that Governor Hogan most likely cannot instruct a committee to nominate more than one candidate, as he would be in essence instructing them to ignore the state constitution. A book on Maryland Constitution, page 140-141, cites an Attorney General opinion from 1977: "The central committees are supposed to nominate only one candidate, "but if a central committee 'ignore[s] the clear intent of the Constitution and submit[s] the name of two or more qualified persons to the Governor, the Governor cannot ignore the names . . . [but] must appoint one of these persons to the vacancy.' 62 Op. Att'y Gen. 241 (October 19, 1977)"

The Maryland Constitution states:

SEC. 13. (a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, or removal from the county or city for which he shall have been elected, of any person who shall have been chosen as a Delegate or Senator, or in case of a tie between two or more such qualified persons, the Governor shall appoint a person to fill such vacancy from a person whose name shall be submitted to him in writing, within thirty days after the occurrence of the vacancy, by the Central Committee of the political party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the time of the last election or appointment of the vacating Senator or Delegate, in the County or District from which he or she was appointed or elected, provided that the appointee shall be of the same political party, if any, as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and it shall be the duty of the Governor to make said appointment within fifteen days after the submission thereof to him.

... currently non-relevant section omitted ...

(b) In addition, and in submitting a name to the Governor to fill a vacancy in a legislative or delegate district, as the case may be, in any of the twenty-three counties of Maryland, the Central Committee or committees shall follow these provisions:

(1) If the vacancy occurs in a district having the same boundaries as a county, the Central Committee of the county shall submit the name of a resident of the district.

(2) If the vacancy occurs in a district which has boundaries comprising a portion of one county, the Central Committee of that county shall submit the name of a resident of the district.

(3) If the vacancy occurs in a district which has boundaries comprising a portion or all of two or more counties, the Central Committee of each county involved shall have one vote for submitting the name of a resident of the district; and if there is a tie vote between or among the Central Committees, the list of names there proposed shall be submitted to the Governor, and he shall make the appointment from the list (amended by Chapter 584, Acts of 1935, ratified Nov. 3, 1936; Chapter 162, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 649, Acts of 1986, ratified Nov. 4, 1986).

Any instructions by Governor Hogan to the Central Committee to submit multiple names for the vacancy would be a violation of the Maryland constitution. The only time a list of names should be submitted under the Maryland Constitution is if a district comprises of multiple counties.

Simply put, the Washington County Republican Central Committee followed the Maryland Constitution appropriately.

Ken Buckler is the editor of the WashCo Chronicle

WashCo Chronicle encourages discussion of current political issues and candidates, regardless of viewpoints. Please keep comments polite, and on topic.

Canal Fee Could Cost Local Economy $12 Million Per Year

HAGERSTOWN, MD - A local resident recently requested the WashCo Chronicle investigate the budget and proposed entrance fee of the C&O canal, in response to the recent announcement that the National Park Service may charge an entrance fee beginning in May. While a line-item budget for the C&O Canal is not currently available, the National Park Service "Green Book" budget is available online: http://www.nps.gov/aboutus/budget.htm

 Currently for local sections of the C&O Canal, there is no entrance fee, and no camping fee for hiker/biker camp sites on the canal.

The proposed entrance fee for 2015 is $3 per person or $5 per vehicle, which would then increase to $7 per person or $15 per vehicle in 2017. A hiker/biker camping fee would also be implemented at $20 per night.

According to the National Park Service, 5,062,079 people used the C&O Canal in 2013. C&O canal use contributes approximately $80,000,000 per year to the local economy near the canal.

In 2014, the C&O Canal requested $9,539,000. The enacted budget was $9,389,000, $150,000 less than what was requested.

For 2015, the C&O Canal has requested $9,467,000.

Assuming that on average a vehicle contains two people, if the full 5,062,079 people were to use the C&O canal, disregarding camping, this would provide the C&O canal an additional $12,655,197.5 in 2015.

5,062,079 / 2 people = 2,531,039.5 vehicles
2,531,039.5 vehicles X $5 = $12,655,197.5

It is unclear why the canal would need that large an increase in income, especially when upcoming improvements to the canal walls at lock 17 through 20, scheduled for 2017, are only estimated to cost an additional $3,967,000.

However, it's important to realize that if people do pay an access fee for the C&O canal, they may be less likely to keep spending money in the local economy. Assuming that most people are on a budget for recreational expenses, that $12,655,197.5 would be subtracted from local economy contributions. That's a 15% reduction in income for local businesses. What's worse, if some people refuse to go to the C&O Canal due to the fee increase, neither local businesses nor the C&O Canal receive the funds.

With many small businesses still struggling since 2008, one should question if they really could afford a 15% reduction in tourism income. This 15% could really make or break businesses which rely on C&O Canal tourism, such as local restaurants or stores.

Below are excerpts from the 2015 National Park Service budget as they relate to the C&O Canal. The full budget can be downloaded from http://www.nps.gov/aboutus/budget.htm

NOTE: This article was updated to correct a calculation error.

Ken Buckler is the editor of the WashCo Chronicle

Teachers' Union Calls Non-Member Teachers "Parasites"

This article is part of a series of looks into the activities of local non-profit and government organizations in Washington County.

UPDATE: WCTA has moved the "parasite" verbiage from their webpage, but refuses to return any requests for comment regarding this issue.

HAGERSTOWN, MD - In an online document published by the Washington County Teachers Association, non-member teachers are referred to as "a parasite living off the commitment of members paying to support a strong organization."

The webpage, titled "Answering The Hard Question About Joining the Association", is currently located at the WCTA website at http://washington.mstanea.org/answeringhardquestions.htm. (Note: This document has been modified since publication of this article. For a view at the original copy, please view this link.) The document is designed to be used by WCTA representatives to get non-member teachers to join the Association.

The webpage also states that "Individuals who do not join are freeloading off members who do. Those in the school system who pay and support negotiation services also pay to support salary gains for non-members."

And in a rather disturbing question, "If non-members don't want to join, would they be willing to turn their salary gains back to WCTA to be distributed to the members who paid the freight?"

Finally, the document also make multiple references to legislators not acting on the letters of voters, and that only lobbying will produce results. "'writing letters to your legislative representatives' does not produce legislation. It takes a powerful legislative lobbying effort, which is provided by WCTA, MSEA and NEA."

The fact that WCTA makes the claim that joining is the only way for teachers' voice to be heard by legislators is very interesting, considering the WCTA IRS filings state that they do not engage in direct or indirect campaigning, and have left blank for the past three years if WCTA participates in lobbying activities.

Excerpt from WCTA IRS form 990 filed in 2013

In 2010 the WCTA donated $430.00 to Karen Harshman's Board of Education campaign, but only after she won the election. Requests for comment from the WCTA have gone unanswered.

Additionally, WCTA president Denise Fry participated in an press conference at WCPS owned site for the future West Elementary school - a press conference which was not authorized or supported by WCPS or the City of Hagerstown, intended to criticize Maryland Governor candidate Larry Hogan's plan for reforming the state's budget.

This year, WCTA is clearly campaigning, as evidenced by president Denise Fry's Facebook post.

WCTA President posting about campaigning activities

Article by Ken Buckler, Editor

Teachers Union Donated Hundreds to Harshman after Winning 2010 Election

HAGERSTOWN, MD - Continuing the WashCo Chronicle's investigations into accountability of local government and non-profit organizations, WashCo Chronicle has begun reviewing campaign finance reports which are publicly available through the State of Maryland.

The first non-profit researched was the Washington County Teachers Association (WCTA), the union for Washington County teachers.

Most of WCTA's political contributions are regular contributions to Washington County Democratic Central Committee. However, one contribution in particular stands out - a 2010 donation to a Board of Education candidate.

A review of  2010 campaign finance reports shows that the WCTA donated $430.00 to Karen Harshman's campaign on November 15, 2010 - almost two weeks after Harshman secured a seat in the Washington County Board of Education in the 2010 General Elections.

Harshman is an incumbent in this year's Board of Education elections.

This contribution gave Harshman a total sum of $484.30 in her campaign account after the general elections were concluded. Additionally, this $430.00 contribution was not only the largest contribution Harshman received, but was also the largest political contribution on record ever made by WCTA.

Several days later on November 21, Harshman received a check from her campaign for the entire $484.30 to cover "Printing and Campaign Materials".

This raises several questions.
1) Why did WCTA donate to a candidate after the general election?
2) What exactly did Harshman spend the $484.30 on, and why did she purchase printing and campaign materials after she had already won the election?

WashCo Chronicle would like to encourage WCTA and Board of Education member Harshman to come forward publicly with answers to these questions.

Full campaign finance reports can be accessed by the public at Maryland's State Board of Elections website.

Article by Ken Buckler, Editor

UPDATE: Press Conference Criticizing Hogan not Authorized by WCPS or City of Hagerstown

HAGERSTOWN, MD - As reported by the Herald-Mail, on Monday October 13, Hagerstown Mayor Gysberts as well as Delegate John Donoghue and a representative from the Washington County Teachers Association held a press conference at the site of the future West City Elementary School, which is owned by Washington County Public Schools. This press conference criticized Maryland Governor candidate Larry Hogan, claiming that his savings plan would result in $450 million in school construction funds being cut.

In order to help determine if this press conference was paid for with tax dollars or a political action committee, WashCo Chronicle filed a Maryland Public Information Act request with Washington County Public Schools, requesting a copy of the completed Application for Use of Facilities.

In response to this request, WCPS provided the following:

Mr. Buckler,

In response to your request, there is no “Application for Use of Facilities” on file for the event referenced in your e-mail below.  Please let me know if I can be of further assistance.

Regards,

Richard Wright

Richard Wright, APR  |  Communications Officer

When asked for clarification if the usage of the property was not authorized, the following statement was provided by Richard Wright, communications officer for WCPS

"That is correct. We did not receive any requests for the use of the space."

According to the WCPS website, requests for usage of school facilities should be made two weeks prior to the activity date. Non-school groups wishing to use school facilities must present proof of liability insurance, and if applicable, workers compensation insurance. Regulations state that no signs, banners, or the like are to be placed without authorization by the school system. Additionally, "political signage" shall not be placed on or displayed on school property until after 5:00 am on election day.

Washington County Public Schools also has established a fee schedule for various group categories. Fees will vary based upon facilities used and the length of time of the activity. Since no Application for Use of Facilities exists, and the usage of the property was not authorized by WCPS, no fee was likely paid for usage of the property during the press conference.

Update 1:
On October 27, 2014, Erin Wolfe from the City of Hagerstown provided the following statement to WashCo Chronicle:

The press conference was not hosted by the City of Hagerstown nor did the City of Hagerstown pay any costs associated with it.

Given that this was not a City function, your other question should be directed to the individuals or organization associated with the event.

My apologies for the delay in the response.

Erin Wolfe

Communications Manager

This leaves the question - who did host this press conference, and who paid for any costs involved?


Article by Ken Buckler, Editor

Meritus Workforce Larger but Less Experienced from 2011 to 2012 - Is Patient Care at Risk?

The Maryland Health Services Cost Review Commission makes available wage and salary survey results for all hospitals within Maryland. Since the results include a per-hospital breakout, estimated employee wage/salaries and working hours can be determined by this information.

A few interesting statistics emerge when comparing data between 2011 and 2012.

Between 2011 and 2012, Meritus made many changes to its workforce.

Notable changes which may impact employee morale (and indirectly the quality of patient care)

• Increased Staff by 172 employees, or 8.59%
• Increased Full Time Employees by 102.14 full time employees, or 6.06%
• Increased overall wages by only $0.26/hr, or 1.05% of total wages paid
• Decreased Average Pay per Employee by $560.15/year or 1.30%
• Decreased Average Hours Worked per Employee by 40.73 or 2.33%

Notable changes which may directly impact quality of patient care

• Increased number of general duty nurses by 81 employees or 14.75%
• Increased total number of hours worked per year by general duty nurses by 94,146 hours or 9.92%
• Decreased number of Licensed Practical Nurses (LPN) by 3 employees or 11.54%
• Decreased total number of hours worked per year by LPNs by 5,902 hours, or 13.17%
• Decreased number of dietary aides by 3 employees or 5%
• Decreased total number of hours worked per year by dietary aides by 5,070 hours, or 5.39%
• The number of dietitians remained the same.
• Increased number of hours worked per year by dietitians by only 78, or 0.92%

Notable changes which may directly impact safety and security

• Decreased number of security officers by 8 employees, or 19.05%
• Decreased total number of hours worked per year by security officers by 12,142 hours, or 17.09%

A shift in Meritus' staffing can be observed; from 2011 to 2012, Meritus may have expanded its workforce, but the expanded workforce is less experienced. The decrease in hours worked per employee means Meritus most likely hired more part-time employees, in some cases to replace full time employees. Additionally, Meritus has reduced the number of experienced LPNs, dietary aides, and security officers on staff. All of these changes have the potential to negatively impact patient care, as well as the safety and security of the hospital.

With Meritus laying off 60 full time employees, cutting 60 unfilled positions, and reducing the hours of 43 additional employees, will patient care be further potentially impacted?

Documents of Interest:

Spreadsheet - Full information and statistics on public information about Meritus' wages from 2011 and 2012 (Used to generate the statistics in this article)

Spreadsheet - Highest paid Employee information from Meritus' 2011 IRS Form 990

Multiple Documents - Maryland HSCRC Database

PDF - Meritus' 2009 IRS Form 990

PDF - Meritus' 2011 IRS Form 990

Meritus Presidents, VPs, Directors Compensation Total of Over $4.2 Million in 2011

Part of Meritus' 2011 Form 990
Source: Foundation Center

Hagerstown, MD - It was recently reported that Meritus Health is laying off 60 workers and cutting the hours of an additional 43 workers. According to WHAG, Meritus will be terminating the employment of workers through February 15. These cuts are estimated to save Meritus approximately $6 Million.

Noticeably absent from the article is any mention if the President, Vice Presidents, Officers, or other key staff have voluntarily reduced their pay, so it is unknown if any senior level paycuts were implemented.

By looking at the most recent IRS Form 990 available for Meritus at the Foundation Center, it is revealed that the Presidents', Vice Presidents', and Directors' compensation combined equal a sum greater than $4.2 million dollars in 2011.

When combining the compensation of James Hamill, the former President/CEO, with the compensation of Joseph Ross, the current President/CEO, Meritus and related organizations paid to its President a total compensation of $981,711.

The total compensation of Vice Presidents, including former Vice President Michael Zampelli, in 2011 was $2,345,731.

The directors* of Meritus who are paid (not all of the directors are compensated) totals to $958,041.

Breakdown of Compensation in Meritus' 2011 Form 990
Source: Foundation Center

The grand total for Meritus' senior staff who are a President, Vice President, or Director* for 2011 was $4,285,483.

Also of interest is that the IRS Form 990 states that in 2011 Meritus employed 152 individuals who were compensated $100,000 or more per year.

For anyone who would like to verify these calculations, a spreadsheet outlining the pay of each senior staff member is available here.

Original IRS form 990's for Meritus can be accessed below.
2009 Form 990
2011 Form 990

*Note: Per the Form 990, the salary & benefits that Dr Gilbert received are for his services as a physician & not as a director. Dr Gilbert was compensated a total of $852,870 in 2011.