Second Lawsuit Dismissed

Mayor Craig A. Moe has announced that the last of the two 2009 Election Referendum lawsuits has been dismissed. The lawsuit filed by Laurel Boys and Girls Club Vice President Michael B. Sarich challenging the wording of the referendum questions, seeking Declaratory Judgment and Injunctive Relief, and Preliminary Injunction, was dismissed with prejudice by Prince George's County Circuit Court Judge Sean Wallace.

This action by Judge Wallace follows similar action in the lawsuit filed by Laurel Boys and Girls Club Board member Adrian Rousseau who filed his complaint for denial of Plaintiff's Right of Equal Consideration in having a convenient place to vote during the September 8, 2009 Referendum. Board member Rousseau's lawsuit was also dismissed with prejudice by Prince George's County Circuit Court Judge Leo Green, Jr.

Mayor Moe stated this settles in favor of the City of Laurel issues raised in an attempt to cloud the merits and legitmacy of the Referendum Election, noting that no challenges were made by the Plaintiffs to the City's request for dismissal by the Court.

Mayor Moe added he is very pleased with the Circuit Court's decisions and thanked City Solicitor Robert A. Manzi for his efforts to effect this positive outcome in behalf of the Citizens of Laurel.

Ms. Mary Marton Passes Away

Mayor Craig A. Moe expressed his sincere sympathy upon learning of the death of Mary Marton, Chair, City of Laurel Board of Election Supervisors. Ms. Marton passed away on Wednesday, October 7, 2009.

Mayor Moe noted that Ms. Marton served the City with great loyalty and dedication in her duties on the Board of Elections. She served on the Board for almost thirty years and served as its Chair for most of that time. She represented the Board on the Mayor’s Election Ad Hoc Committee, and was an active participant working on election changes to increase voter participation. Most recently, although she named Ms. Debra Boone to be Acting Chair, Ms. Marton did observe the Referendum Election and provided guidance and helpful advice to the Board and Support Staff.

Mayor Moe praised Ms. Marton for her civic-mindedness and her efforts to make the City of Laurel a better place to live. He said her passing is a great loss to the City, and that she will be very much missed. In honor of her service to the City, Mayor Moe has ordered the City flag to be placed at half-mast until Monday, October 12, 2009.

Referendum Results

Ms. Kimberley A. Rau, Clerk to the City of Laurel Board of Election Supervisors, announced the results of the September 8, 2009 Election Referendum as follows:

Questions 1 (Early Voting) 480 for 320 against

Question 2 (Change the Date of the City Election to November) 489 for 310 against

Question3 (Extension of the current Mayor and City Council Terms to
accommodate the November Election date 424 for 373 against

Question 4 (Four-year terms for the City Council) 254 for 541 against

Question 5 (Voting by Ward Only) 405 for 391 against

Question 6 (Salary Increase for the Mayor) 334 for 464 against

Question 7 (Salary Increase for City Councilmembers) 295 for 503 against

The election results for Questions 1, 2, 3, 4, 6, and 7 will be certified and presented to the Mayor and City Council at a Special Meeting, Wednesday, September 9, 2009, at 7:00 p.m. to be held in the Council Chambers at the Laurel Municipal Center, 8103 Sandy Spring Road.

At the time of this press release, voting on Question 5 (Voting by Ward Only) is too close to call with only 14 votes separating the outcome, 405 votes for and 391 votes against.. Question 6 could possibly be overturned by outstanding Absentee Ballots. Absentee Ballots postmarked September 8, 2009 by law may be counted if they are received on or before September 15, 2009. If the results of Question 6 cannot be certified today, they will be presented to the Mayor and City Council at a future date, which will be publicly announced.

Any questions regarding the Special Referendum Election may be referred to the Acting Public Information Officer, Carreen Koubek, who may be reached at 301-725-5300.

Temporary Restraining Order

Mayor Craig A. Moe announced that the Temporary Restraining Order (Injunction) to stop the City of Laurel Tuesday, September 8, 2009 Referendum Election, filed by Laurel Citizen Michael B. Sarich, the current Laurel Boys and Girls Club Vice President and former City Councilmember, was denied by Judge Maureen M. Lamasney, of the Prince George’s County Circuit Court. Mr. Sarich’s motion was heard in Court on Monday, August 31, 2009. The City’s response to Mr. Sarich’s filing was presented by City Solicitor Robert A. Manzi. It was Mr. Manzi’s rebuttal of Mr. Sarich’s claims that were upheld by Judge Maureen M. Lamasney.
Mr. Sarich failed to convince Judge Maureen M. Lamasney that he personally would suffer irreparable harm if the election were held September 8, as alleged in his Court filings. In addition to Mr. Sarich naming the wrong entity and failing to provide the required affirmation on his submittal to the Court, Mr. Sarich also failed to substantiate his allegation that the questions were improper, unconstitutional, or the referendum election itself was illegal by Maryland law.
Mayor Moe stated he was pleased with Mr. Manzi’s success in representing the City so well. Mayor Moe added he has been advised by Mr. Manzi that there will still be a hearing on Mr. Sarich’s claims that the Court will schedule in the future. Mr. Manzi advised Mayor Moe that the election can and should go forward as scheduled. Mayor Moe stated the Citizens Election Ad Hoc Committee worked hard to develop its recommendations and he is pleased that their efforts on behalf of their fellow citizens will be presented to the Citizens of Laurel for vote.

State Cuts Impact CIty of Laurel

The Mayor and City Council of Laurel have been notified that the Board of Public Works of the State of Maryland will impose cuts to the FY2010 State Operating Budget. The State’s cuts will impact local government budgets. The City of Laurel Highway User Revenue (HUR) will be reduced by 58.6%, which calculates to $432,024. HUR is a direct revenue source for the City of Laurel Department of Public Works Street Maintenance. This reduction is 90% of the Street Maintenance budget. State Aid for Police Protection (SAPP) will be reduced by 31.2%, which calculates to $121,637. SAPP provides an offset to police-related expenditures. These reductions combined are 2% of the total FY2010 City of Laurel General Operating Budget and equal to 2 cents of the City of Laurel real property tax rate.

The Administration will work with the City Council to review City programs and make the necessary adjustments to keep the City of Laurel FY2010 General Operating Budget balanced as required by the City of Laurel Charter. These cuts are being made less than 2 months into the new fiscal year.