Marc Elrich updates constituents on Pepco and his plan for a countywide rapid transit system.
PEPCO - Monopoly Power, Monopoly Problems
1 Los Angeles Department of Water & Power CA 1,461,521
2 Puerto Rico Electric Power Authority PR
3 Long Island Power Authority
4 Salt River Project
5 CPS Energy (San Antonio)
6 Sacramento Municipal Utility District CA
7 JEA (Jacksonville)
8 Memphis Light, Gas and Water Division TN 410,518
9 Austin Energy
10 Seattle City Light
11 Nashville Electric Service
12 Omaha Public Power District
13 Public Utility Dist No. 1, Snohomish County WA 317,612
14 Colorado Springs Utilities
15 Knoxville Utilities Board
16 Orlando Utilities Commission
17 Clark Public Utilities
18 Tacoma Public Utilities
19 Santee Cooper(S Carolina Publ Serv Auth) SC 162,690
20 EPB - Chattanooga Electric Power Board TN 158,
Tuesday, March 8, 2011, 9:30 am — 11:00 am
The Brookings Institution, Falk Auditorium, 1775 Massachusetts Ave, NW, Washington, DC
County Tips
Baltimore Gas and Electric 1-800-685-0123
PEPCO 1-877-737-2662
Marc Elrich
Saturday, March 05, 2011
Council Update from Marc Elrich
Thursday, February 24, 2011
Marc Elrich's Rapid Transit Update
Dear Friends and Neighbors:
I wanted you to be aware of progress on my proposal for a countywide Bus Rapid Transit system. I will be part of a Transit Task Force, appointed by County Executive Ike Leggett, tasked with the mission of making a countywide transit system a reality. The Task Force will look at implementation and financing issues for a countywide system.
The significance of this newly-appointed Task Force is that we will go beyond studying traffic and transportation problems in our County. We already know there is a problem. We know that we sit in traffic too long and that we need better transit to travel around the County. This task force is designed to help solve the problem.
As you may know, for the past four years, I have been exploring the idea of a countywide rapid transit system to address our congested roads and reduce pollution. After numerous conversations with transportation and planning experts, visits to similar systems and reviewing countless pages of transportation manuals, I developed a proposal for a 120-mile system that would take people from where they live to where they work, study and play. My proposal is currently being studied by county transportation planners and outside consultants and that report should be due out in the coming months.
The transit vehicles would travel in their own dedicated guideways in existing right-of-way; this means that the transit vehicles will not be stuck in traffic. Transit that uses guideways is relatively inexpensive to build. Additionally, the guideways use minimal paving because the center areas of the guideways can be grass and used to handle stormwater.
This proposal is a win-win-win for residents, environmentalists and developers. It’s the only solution that allows our County to grow in a sustainable way: it provides reliable and efficient public transportation that will convince people to leave their cars at home, thereby reducing air pollution, and it allows reasonable development near established neighborhoods without flooding the surrounding communities in traffic.
This BRT system has been recognized as a critical transit solution by the Montgomery County Planning Board and by the County Council in their recent letters regarding state transportation priorities for our county.
I thank the County Executive for recognizing the need to move this proposal forward via this Task Force. I look forward to working with the members of the Task Force and residents of this County on this important issue. My staff and I are always willing to come to your civic organization or other group to further discuss this proposal with you. Please contact us via e-mail, councilmember.elrich@montgomerycountymd.gov or phone 240-777-7966, to schedule a time to meet or for additional information. You may also visit my website for more information about this proposal.
Sincerely,
Marc Elrich
Councilmember At-Large
Friday, November 19, 2010
Elrich Blasts Berlage, 1998
Council Member Marc Elrich finished first in this year's at-large primary, but he had to travel a long, hard road to get there. Elrich ran for the District 5 council seat in 1990 and 1998 and at-large in 1994 and 2002 before finally winning in 2006. Perhaps his toughest race was in 1998 against District 5 incumbent Derick Berlage, whom Elrich labeled a "total hypocrite" for changing his position to accept developer contributions. Here's a mailer Elrich sent out criticizing Berlage's attendance record and his operating a law practice on the side. Berlage won the primary by a 7,954 to 6,422 vote.
Tuesday, October 19, 2010
Marc Elrich for Council At-Large, 1994
Marc Elrich may have scored a sweeping victory in his at-large reelection run last month, but it was not always this way. Elrich ran four times - in District 5 in 1990 and 1998 and at-large in 1994 and 2002 - before winning an at-large seat in 2006. In every at-large race, he has done better than the last time. Elrich finished seventh in 1994, sixth in 2002, second in 2006 and first this year.
Here's a mailer from Marc Elrich's first at-large campaign in 1994.
Monday, October 18, 2010
MoCo Primary 2010: Council At-Large Precinct Results
Total Results (Including Absentees and Provisionals)
By District
By Local Area
By Race/Ethnicity
Tuesday, September 28, 2010
Tuesday, September 14, 2010
Special Spy Report: Council At-Large
The County Council At-Large race may be the most unpredictable primary in the county. Over and over again, we have consulted our spy network for insights into how it will play out. But this time we are checking in with a truly special group of informants:
State legislative candidates.
Why are we asking them, do you ask?
First, perhaps even more than the council candidates, the folks running for state legislature are on the doors. They see who has signs up. They see what literature has been dropped. They attend many of the same events at which the council candidates show up – or don’t show up. And they hear who is being talked about and what is said. In the years between elections, the delegation and the council don’t know very much about each other. But right now, the political radar is up.
Second, politicians know politics. They can size up other candidates – their message, their logistical capabilities, their knack for the game – a lot better than can lay people. Asking politicians about other politicians is like asking bank robbers about lock picks.
Third, while some of the state legislative candidates have endorsed one or more council candidates, they are not truly invested in those choices. They are far enough removed to have a more impartial point of view of the council election than the council candidates or their supporters. Frankly, the delegation members assume that the council will be dysfunctional regardless of who gets elected!
That said, most of the state legislative candidates we asked about the council at-large race did not venture an opinion. They are QUITE busy now, as you might expect. But twelve of them did give us their take on a super-confidential basis. Some are incumbents and some are not. They come from all over the county. Here’s what they told us about which council at-large candidates will be elected.
State Spy #1:
Probably the four incumbents. The reason: the dead weight of inertia. If an incumbent loses I would say it would be Duchy. Hans is in the best position to take advantage of an opening because he comes from vote-rich District 20.
State Spy #2:
1st place will be Marc Elrich - for his caring, astute, in-depth analysis of every issue, he knows more about the issues before them than any other member. 2nd Nancy Floreen - President of the Council can’t hurt and she has worked with the community continually since on the council. 3rd George Leventhal - knows how to reach a consensus with Executive and council. 4th Becky Wagner - She was 5th until the NOW issue is forcing Duchy to the back of the pack. Becky is sharp, understands what is needed and how to get it.
State Spy #3:
I think right now that it’s Leventhal, Elrich, Riemer, Trachtenberg, in that order. Leventhal and Elrich have had good all-around campaigns, though Leventhal is weak on field and Elrich on mail. Riemer’s campaign has been strong all around, and he has rolled up a lot of vital endorsements. Trachtenberg squeaks in on incumbency and the Jewish vote, though for someone with as much money as her the campaign has been lackluster to say the least. My two cents: I think she’s so confident of re-election that she is saving her money for an Exec race in four years. There is no end to that woman’s ego...
State Spy #4:
1. George Leventhal - Has maximized incumbency to his advantage. High visibility over his 8 years in office and corresponding high name ID matters in low turnout races.
2. Marc Elrich - Won in 2006 without much institutional support. Marc has broadened his appeal over the past 4 years and has key institutional support this time around, including both the Post and the Apple Ballot.
3. Hans Riemer - The general dissatisfaction with the current Council will cause one incumbent to go down. With the Post and Apple Ballot endorsements and what looks like the best field operation/campaign amongst all the challengers, Riemer appears best positioned to capitalize.
4. Nancy Floreen - Stumbles to the finish line on the strength of high visibility serving this year as Council President and the other inherent advantages associated with having been an incumbent for 8 years.
State Spy #5:
Leventhal, Elrich, Riemer, Trachtenberg. As much of a tool as Leventhal is, he has a lot of support and it is pretty clear he is going to be first. Elrich also has a lot of support, as he has spent a lot of time in the last four years building grassroots support so that it would not take a lot of money to run for re-election. Riemer is a force of nature this year and frankly deserves it. I’m just guessing on the last one, but I don’t see Wagner knocking off Duchy, as much as I wouldn’t mind it.
State Spy #6:
George Leventhal - He publicly admitted regret about spending which is refreshing because voters don’t hear too often elected officials understanding their mistakes. Despite the “throw the bums out” feeling in the electorate, the challengers are a little lackluster. The Community Conversations over the summer were fairly popular and having mail in mailboxes before everyone else made him standout.
Marc Elrich - Has built the broadest coalition in the entire county. Not easy to do in a bad economy. When the teachers union, Post, developers and environmental groups support you, there's really no one else to go against you. People pay attention that he is everywhere in the county and genuinely listens to every point of view. Despite some disagreeing with his conclusions about various issues, everyone knows that his thought process is untainted.
Nancy Floreen - Knows how to consistently come in the top four. Her creative mailers get a few seconds of hesitation before they end up in the recycling.
Hans Riemer - The voters are going to want at least one new person. Becky Wagner is significantly more qualified and would be a great councilmember, but she’s a first time candidate going against some real pros. He is going to win because so many groups and elected officials are supporting his campaign and he has the field organization and mail plan to let every voting Democrat know it.
State Spy #7:
I would say Leventhal, Trachtenberg, Elrich, and it will be a close race for 4th between Wagner, Riemer, and Floreen. Definitely too close to call but I would say that Riemer pulls it out based on ground game.
I think that Trachtenberg and Leventhal win because of their incumbent status/name recognition. And though he has not sent many, Elrich’s mail is by far the best I have seen over here.
State Spy #8:
My two cents (which is all this is worth), is that Nancy, George and Marc will likely be reelected. I think the fourth will be Hans or Becky -- with an edge to Hans. Nancy is generally well liked and is seen on the “news” often -- so, despite the negative website and signs about her, I think she’ll be fine. For whatever reason, people like George and he campaigns very hard. He’s not my choice but he’s in touch with voters and I believe he’ll be reelected. I think Marc appeals to many people --- he comes across as honest and sincere, despite some recent criticism. As a newcomer, Hans is campaigning hard and is connecting with people. But I think Becky has come a long way in the past three weeks and has some traction.
State Spy #9:
The incumbents, because despite the anger towards and discontent in Rockville, I don’t think the voter anger is directed in a single direction. However, Duchy seems to be sitting on her huge campaign account and not sending out much mail. So, though I would bet a few dollars on the incumbents, I wouldn’t be too shocked if Riemer wins and Duchy loses.
State Spy #10:
Marc Elrich, because he’s calm and usually level-headed and may be the only grown-up on the Council
George Leventhal, because he’s everywhere--nobody loves his explosive personality but everybody respects his commitment
Duchy Trachtenberg--a serious legislator with a good sense of how to run and win, may finish 4th because of a late start
There will be a photo-finish recount between
Nancy Floreen--ubiquitous on the campaign trail but grating
And
Hans Riemer--who has targeted MoCo seniors very effectively with non-stop calls and mail about his AARP work which make him a real force in the race despite his failure to win the hearts of many local political activists
Leading to victory of Hans….
State Spy #11:
Being a pragmatist, I expect all four incumbents to return. All of them have significant bases of support and frankly no one has angered any of their base. While Duchy is sometimes irrational, the general public does not see it and they have no reason to vote against her. I was offended by her piece which bragged about how she beat up on the unions about the budget, but some people probably liked it.
Hans has run a fantastic campaign and he certainly has a great deal of support. If anyone can pull off an upset I think it is he, but I still think that it is a long shot.
State Spy #12:
Hans Riemer. Great field. Good mail. Has broad endorsements.
Becky Wagner. Has teachers and she is prominent in their mailers. Undercurrent of voter frustration against current council. She has tapped it.
Marc Elrich. No enemies. Has endorsements. For four years, has gone to events in all corners of the County. Of all at-large council members, I have seen him the most at various events. Has not really alienated business, has labor support, has environmental and civic group support. Will be low turnout election and many of his constituencies vote.
Slight edge to Leventhal over Floreen. I think both are seen as emblematic of problems with current council on multiple fronts. Though they have varying and good mix of endorsements, I have seen lack-luster campaigns that rely predominantly on mail and existing name recognition.
Duchy Trachtenberg is not going to win. Lackluster mail. Hardly at events throughout the county. She’ll do well in her corner of the county, but not very well in the rest of the county. I think she could have won had she run a stronger campaign. She did not frame for voters why she should get another 4 years. If her message is fiscal responsibility, no one knows it’s her message.
Our spies’ tally:
George Leventhal: 12 (unanimous)
Marc Elrich: 12 (unanimous)
Hans Riemer: 8
Nancy Floreen: 7
Duchy Trachtenberg: 7
Becky Wagner: 2
Monday, September 13, 2010
Ethics Complaint Filed Against Marc Elrich
Crisfield Seafood restaurant co-owner John R. Landis has filed an ethics complaint against Council Member Marc Elrich over his aid to a lawsuit against Montgomery County's Fillmore project. Landis cites provisions of the Ethics Code forbidding county officials from assisting lawsuits against the county government. The Examiner reported that Elrich's actions sparked an investigation by the Executive Branch seeking to determine whether he broke the law. The matter will now be decided by the county's Ethics Commission. Ethics complaints are normally confidential, but Landis sent his to the County Executive and the County Council, thereby making it a public document. We reprint the complaint below.
Campaign Finance Fun Facts
Here’s a few tidbits from the immense State Board of Elections campaign finance database!
1. Marc Elrich has long disavowed development industry contributions and Duchy Trachtenberg told Progressive Neighbors that she was also turning them away. But Elrich took $3,000 from the Maryland Realtors PAC on 8/13/10 and Trachtenberg took $3,000 from them on the same day. Aren’t realtors part of the development industry since someone has to sell all those buildings the developers put up?
OK, reasonable people can disagree on that question, but Trachtenberg also took $1,000 on 5/11/10 from HBW Group of Rockville, a “commercial real estate and construction company.”
Now that is indisputably development money. So Trachtenberg snowed Progressive Neighbors and got away with it since they endorsed her. Do they have the balls to retract their endorsement or are they just going to lie down and get played?
2. Our informants are baffled by Duchy Trachtenberg’s spending. She started the year with $289,198 – far more than any other candidate and mostly raised out-of-state in four-digit checks. Since then, she has spent more on tracking polls and consulting ($35,000) than she has on printing, direct mail and postage ($33,817). Contrast her printing, mailing and postage total to those of Senator Mike Lenett ($129,378) and Delegate Saqib Ali ($104,876), each of whom is running in a district that is one-eighth of the county. Trachtenberg’s ads in Bethesda Magazine, Washington Jewish Week, Leisure World News and Takoma Park Voice – purchased for a combined cost of just $7,230 – have been no substitute for the robust mail program she could have afforded. She has done just one mass mailing and was, incredibly, beaten to the mailbox by Becky Wagner.
As of August 29, Trachtenberg was sitting on $209,629 with just sixteen days left to spend it. Television could consume that amount of money rapidly, but we have seen no sign of any such ads. And it’s getting late – VERY late. Some sources are speculating that she is so sure of victory that she is saving the money for a County Executive run. Unless she has a grand strategy that has not shown up in her finance reports, she could very well be the richest loser in MoCo history.
3. County Executive Ike Leggett and Marc Elrich have long been political allies even if they have had occasional disagreements. So Ike kicked in $2,500 to his campaign account on 8/19/10.
Well, just twelve days later, Elrich filed an affidavit to help 9:30 Club owner Seth Hurwitz obtain a temporary restraining order against Ike’s pet project, the Fillmore in Silver Spring. The Executive Branch was blindsided and immediately began investigating whether Elrich broke the ethics law by aiding a lawsuit against the county.
How’s that for gratitude? Is it too late for Ike to get his money back?
4. Speaking of the County Executive, he may not have a Democratic primary opponent or a slate, but he has given money to a number of candidates this year. They are:
Vanessa Atterbeary: $300 on 4/21/10 (given as an individual)
Bo Newsome: $6,000 on 7/8/10
Craig Rice: $3,000 on 7/12/10
Judy Docca: $1,000 on 8/2/10
Jay Hutchins: $1,000 on 8/3/10
Martin O’Malley: $4,000 on 8/10/10
Pat O’Neill: $1,000 on 8/11/10
Bonnie Cullison: $1,000 on 8/15/10
Marc Elrich: $2,500 on 8/19/10
Craig Rice: $250 on 8/22/10 (from Catherine Leggett)
Rona Kramer: $3,000 on 8/23/10
Mark Winston: $2,500 on 8/27/10
Bo Newsome: $250 on 8/29/10 (from Catherine Leggett)
One curiosity: A month after contributing to Atterbeary, Leggett endorsed the District 18 Democratic Team.
Another curiosity: Bo Newsome contributed $600 in “rent” to Leggett on 8/19/10.
5. Kyle Lierman reported having just $6,298 in the bank on 8/29/10. Ariana Kelly, his principal rival for the District 16 open Delegate seat, reported having $51,025. (That’s what self-financing can do for you!) Lierman had to replenish his coffers somehow, and we won’t find out how until after the election.
6. Senator Nancy King (D-39) paid $8,000 to Momentum Analysis of Washington, DC, the same polling firm that worked for Big Daddy’s tobacco-financed slate, on 8/12/10 as a “consulting fee.” The timing is interesting since the payment was made about two weeks before King launched her attack website against Ali. If this payment was indeed for a poll, did it say something that prompted King to go negative?
7. Here are the biggest recipients of campaign contributions (excluding loans) this year in MoCo.
Council Candidates
Hans Riemer: $171,392
Nancy Floreen: $146,838
George Leventhal: $111,338
Marc Elrich: $87,435
Craig Rice: $84,173
Senate Candidates
Nancy King: $116,105
Saqib Ali: $76,866
Brian Frosh: $54,623
Roger Manno: $53,769
Jamie Raskin: $51,251
Delegate Candidates
Kyle Lierman: $106,191
Mark Winston: $62,580
Hoan Dang: $56,723
Heather Mizeur: $55,718
Craig Zucker: $49,054
8. Here are the biggest spenders of campaign money this year.
Council Candidates
Becky Wagner: $126,119
Hans Riemer: $122,241
George Leventhal: $112,418
Nancy Floreen: $105,047
Duchy Trachtenberg: $94,709
Senate Candidates
Saqib Ali: $180,591
Mike Lenett: $174,185
Rob Garagiola: $134,139
Cheryl Kagan: $87,152
Nancy King: $84,322
Delegate Candidates
Vanessa Atterbeary: $129,780
Kyle Lierman: $99,893
Dana Beyer: $98,825
Hoan Dang: $89,195
Craig Zucker: $69,906
9. Here are the biggest self-funders of the cycle. This statistic includes contributions and loans to self from 2007 on, but does not include self-funding for the 2009 special election.
Council Candidates
Becky Wagner: $95,000 (from husband)
Hans Riemer: $50,000
Robin Ficker: $22,358
Jane de Winter: $17,115
Ilaya Hopkins: $12,500
Senate Candidates
Mike Lenett: $200,713
Rich Madaleno: $30,000
Michael Griffiths: $6,200
Delegate Candidates
Vanessa Atterbeary: $107,250
Ariana Kelly: $85,381 (includes $6,266 from husband)
Dana Beyer: $75,000
Charlie Chester: $55,000
Jay Hutchins: $47,772 (includes $2,635 from wife)
We’re sure there is a WHOLE lot more, but it’s time to go back to posting negative mail!
Thursday, September 09, 2010
Saturday, September 04, 2010
At-Large MoCo Council Debate at the 4H in Chevy Chase
Thirteen candidates showed up in Chevy Chase tonight for the second to last candidate forum--or so I am told--of the at-large campaign season. The debate was sponsored by a panoply of municipalities and organizations from around the area. Channel 16 covered it so you should be able to watch it. Here are my impressions on how candidates struck people--less about the specifics of what they said and more about style.
As mayor, I got to introduce the candidates--a great example of a politician taking credit of the hard work of others in putting the forum together and Charles Duffy for moderating it. The candidates looked like they were ready to throw me off the stage when I suggested that elections are like reality TV in that you actually get to vote people off the island--a thought I admit was inspired by viewing of Top Chef last night and perhaps by a post on the delegate race in District 18 inspired by Project Runway four years ago. Perhaps I was on firmer ground when I spoke about all the important decisions they get to make.
George Gluck (Green) lost me when he said that the solution to the economic crisis in a nutshell is that we all need to stop shopping at Barnes and Noble in Bethesda and go to the Cricket Book Shop in Ashton instead to keep money and jobs in the County. Reinforced the impression of Greens as well-meaning but utterly impractical and a bit kooky.
Duchy Trachtenberg (D) had one really good theme that resonated well and one that sounded a little tinny to me. The good theme is making tough choices in tough times. In short, it makes a virtue out of Duchy's loss of political support from unions--a smart and sensible response to the choices she has made in office that fits the mood of the times--not to mention the Post. In contrast, Duchy recitation of Ike's endorsement and how we can only trust experienced hands now rang false as it left me wondering why one should have supported her four years ago.
Despite starting off the debate by complimenting his fellow incumbents, George Leventhal (D) quickly lost any chance of taking home the Mr. Congeniality statuette. A bull in a china shop, George is tough and argumentative rather than pleasant and controlled, and sometimes clever instead of convincing. His tone is the one I try to keep out of my classroom teaching--the one that suggests you're a real idiot if you disagree with me--reinforced with a frown and crossed arms. Folks, we even nearly had a Saturday Night Live moment brought to life when he went after Jane de Winter. But hey, I guess you can't argue with George's electoral success.
In contrast, Nancy Floreen (D) came across as an adult who has firm convictions and a grasp of the facts but keeps her head. Like George, Nancy has strong opinions and defends them armed with a quick mind and grasp of the issues.. However, she managed to make her points, and even correct people, without looking like she was berating them or being unpleasant. Not an easy balance but one Nancy carried out with conviction. Looked like a Council President.
Jane de Winter (D) benefited from being George's target and having a sense of humor about it as she turned George's attack on her fiscal sense and her advocacy for education into a family anecdote about an adult handling a child. One can debate about who won the point but the optics of standing up to a bully were good as Jane held her own as she made an impression--something challengers have to do. Seated wrongly as a "W" instead of a "D", de Winter got to sit in the center of the pack.
Raj Narayanan (D) came across as an outsider with economic knowledge but lost credibility when he urged the audience to vote for him and Marc Elrich--mainly because it looks weak and because he apparently urges support for himself and a different incumbent at each forum. Nonetheless, he was a fresh face to me and I enjoyed his contribution.
Hans Riemer (D) was the candidate who really gets that debates are not just about what you say but the impression you make. Though younger than the other Democrats, he came across as calm, likable, and knowing the notes he wanted to hit, particularly reinforcing the message of his recent mailer on seniors. Though some will ask where's the beef? his competitors did not press this point as at other forums.
Becky Wagner (D) had an ability to relate governmental problems to both her past experience and to make clear points on complex issues. As with Jane de Winter, I got the impression of someone who has worked hard in the community and earned her spot up there. Becky came across as clear-eyed even if one wondered about her stands on issues as her responses sometimes could be read a number of ways--not necessarily a bad thing when one is trying to corral voters with diverse opinions.
Marc Elrich (D) must have been good in the classroom. He has clear views but also looks like someone who is practical, knows a lot, is willing to talk calmly with others, and thinks that politics is about bringing people together to solve the community's problems. In short, another grown up. He elicited the only applause for the night when he mentioned his bus-rapid transit proposal.
Fred Evans (D) seemed like a nice enough fellow but did not leave much of a memory--bad news for any candidate, I'm afraid.
Robert Dyer (R) wanted you to know that he is the man with the fiscal plan. Very intense. I confess I don't know what to make of Republicans with pony tails. The repeated references to Fantasy Island didn't help. I resisted urges to stand up from the back of the auditorium and shout: "The plane! The plane!"
Mark Fennell (R) brags about being a tea-party candidate in his literature but oddly sounded more interested in making sure that developers pay their fair share for infrastructure in addition to standard Republican fiscal concerns. I preferred the guy on stage to his written materials. Mark is sort of an inverse Bob Ehrlich who looks great in his ads but really should never be allowed to debate.
Brandon Rippeon (R) woke me up with a resonant voice and a passionate presentation but then disappointed with his anodyne attack suggesting that increasing gang violence indicates that the county council has provided bad value for its money. Like Hans, Brandon is a young, fresh face but has a very different style.
Note: I have endorsed Marc Elrich and Jane de Winter. I apologize for any votes this loses them.
Friday, September 03, 2010
Did Marc Elrich Break the Ethics Law?
The Montgomery County Attorney is currently reviewing whether Council Member Marc Elrich broke the county’s ethics law when he submitted an affidavit as part of an application for a restraining order to stop the Fillmore project.
Section 19A-14(g) of the County Code states the following:(1) A public employee must not with respect to a particular matter represent another person, or provide advice to another person that would qualify as an expert opinion in a court, if:
Seth Hurwitz (owner of the 9:30 club) and his company, IMP Inc., filed suit against the Comptroller, the the state’s Secretary of Management and Budget and the Governor to block construction of the Fillmore on 6/16/10 (Anne Arundel Circuit Court, Case No. 02C10153243). On 8/31/10, Hurwitz and IMP added County Executive Ike Leggett and the county’s Director of Procurement to the suit and, on the same day, filed an application for a Temporary Restraining Order to prevent the groundbreaking. Elrich’s affidavit was filed as part of that application. In the affidavit, Elrich stated his opinion that “The County Administration has not sought or received an additional appropriation from the Montgomery County Council to fund the Silver Spring music hall cost overrun. The County Administration must seek such an appropriation from the Montgomery County Council if it intends to use Montgomery County funds to pay for the cost overrun.” Hurwitz and IMP relied on Elrich’s opinion in their application for the Temporary Restraining Order, which was rejected by the presiding judge.
(A) a County agency or the County is a party to the matter and the person being assisted has a position adverse to the County agency or the County; or
(B) the County agency or the County has a direct and substantial interest in the matter that is adverse to the interests of the person being assisted.
(2) This subsection does not apply to a public employee who renders assistance to:
(A) another public employee if the matter involves a personnel action;
(B) a member of the public employee’s immediate family if the public employee renders the assistance without compensation; or
(C) a person for whom the public employee serves as a guardian, trustee or other personal fiduciary.
(3) This subsection does not apply to:
(A) a public employee while carrying out the employee’s official duties; or
(B) a member of a board, committee or commission if:
(i) the member is not compensated by the County;
(ii) the matter does not relate to the responsibilities of the board, committee or commission; and
(iii) the board, committee or commission solely performs an advisory function.
(4) In this subsection "represent" means to act on behalf of another person, and includes acting as an agent or attorney for the other person. (1990 L.M.C., ch. 21, § 1; 1994 L.M.C., ch. 25, § 1; 1997 L.M.C., ch. 37, §1.)
The suit is clearly adverse to Montgomery County since the county government is listed as a defendant. Elrich clearly offered advice, if not an expert opinion, that was used by the plaintiffs in the course of their lawsuit against the county.
Accordingly, the County Attorney is now reviewing whether Elrich’s conduct violated county law. If it did, that may be fertile grounds for an ethics complaint.
Elrich Comments on Fillmore
Council Member Marc Elrich sent us the following remarks on our post this morning about his cooperation with a lawsuit to stop Silver Spring's Fillmore project.
#####
Just to be clear. I wanted the issue of additional funding to come before the Council. A day after the groundbreaking for the library, I read, in the paper, that the SS Library is getting it's capital program reduced by $3 million. Money for a rock club, not for a library? We found excess capital funds and are spending them on a rock club instead of the library, which we're cutting. Not my priority. In addition, some of the "found" money came from projects that came in at lower costs, but some of it came from reducing another project to shift the money to Filmore.
We have lots of competing projects for capital funds and we made some hard decisions. Normally, this would have come back to us, apparently not a legal absolute, but as I was told by County staff, it would have been the normal procedure. I wanted to have that discussion and I wanted to understand how this project could be $3.2 million over budget.
We were told, not a dime more than $4 million in County money. If the estimates were so old as to be useless, how could we told with such certainty.
We were told that they were sure that there would be no cost overruns and the free rent provision, a mere safety valve, would not be triggered.
We were told to look at the pro forma, based on the county income, and see what a good deal it was. Getting almost half the 20 years rent free kind of changes the "good deal."
We were told that Live Nation would pay for all the cost overruns over $8 million. Instead the county is paying for at least $2.5 million of those costs.
Live Nation has an obligation to play less than 3 shows a week and we were told that they would rent it on the other nights and that the rent would be on the order of $6000 a night - and the County gets a total of $7500 a month. Giving a multi-billion dollar corporation a deal like this is mind-boggling.
I was done with this after the Council voted for it. I figured, you win some, you lose some, life goes on and it's not the end of the world. Only when I heard these new numbers come out, and only after I talked to staff who reaffirmed my belief that bringing this back to us for additional appropriation was the normal course of action, did I get upset. I was asked if I'd sign an affidavit saying that I believed it was supposed to come back to the Council, and since I believed that, I didn't see the harm in saying as much.
I doubt this would have killed the Filmore, but it would have forced a public discussion. And if a public discussion and examination of how we got here would have killed the deal, then you've got to ask, "How good a deal was it?" If this thing can't stand the light of day, perhaps there's a problem.
I would have been happy with a renegotiated deal, that gave the County a bigger cut of the income stream.
As for heat, I've been taking heat on the cost overruns since these facts came out. I've had people ask if "we're nuts" to keep giving Live Nation this much money and why won't anyone on the Council stand up to this. On the other hand, I'm sure I'll get heat from people who think that this is more important than libraries or rec centers.
Elrich Cooperated with Suit to Shut Down Fillmore
The Gazette reported in June on a lawsuit filed by 9:30 Club owner Seth Hurwitz to stop construction of the state- and county-financed Fillmore project in Downtown Silver Spring. Since then, revelations of big-time cost overruns, which would ultimately reduce the amount of rent to be paid by Live Nation to the county, have raised doubts about the project. On August 31, Hurwitz filed for a temporary restraining order to halt construction, which was due to break ground on September 2. The judge turned down the order, but the application was interesting for one reason: it contained an affidavit in support from Council Member Marc Elrich.
Following is a copy of Elrich’s affidavit in support of the restraining order to cease construction. Elrich contends that the County Executive was required to seek an additional appropriation from the County Council to cover the cost overruns and did not do so.
We do not offer an opinion on the merits of Hurwitz’s lawsuit or on Elrich’s argument on behalf of the restraining order. But our sources find it remarkable that one County Council Member participated in an effort to stop the Fillmore when the County Executive, the County Council as a body, the county’s statehouse delegation, the state government and the landowner had all reached an agreement to proceed. Marc Elrich is one of the smartest people in county government and usually acts on good reason, but he is going to take a LOT of heat for this.
Tuesday, August 31, 2010
Heard a Good Rumor?
There are MANY rumors floating around in the County Council races right now. Let’s be irresponsible and review a couple of them, shall we?
1. The Rockville consensus is that Craig Rice should and will win the Council District 2 seat. No one believes Sharon Dooley has a shot, and no one in either the council building or the Executive Branch wants to see combative former Planning Board Chair Royce Hanson get in. As a result, lots of people are wooing Rice and hoping to earn his vote later. Ike Leggett, for example, gave Rice $3,000.
2. The at-large incumbents loathe Hans Riemer and are picking up their whisper campaign against him. More than one person who has publicly supported him has told your author that they have been pressured by one or more incumbents to retract that support. There has been an intense effort to discredit Riemer and plant derogatory allegations about him in the media. One such allegation is that he has never worked for AARP. Your author knows that is a lie because Riemer would answer the phone at AARP when called there by yours truly.
3. A civic activist who despises Council President Nancy Floreen has started an illegal, anonymous anti-Floreen website and has begun erecting illegally-placed road signs calling for her defeat. The activist is known to be a supporter of Council Member Marc Elrich. Elrich denies responsibility for fomenting the anti-Floreen effort, but his pleas are not entirely believed. Rumors are spreading that the activist is planning an attack mailer against Floreen. This is beginning to stress the incumbents’ four-way mutual non-aggression pact.
4. Council Member George Leventhal has taken an increasingly hard line against challenger Becky Wagner in the at-large candidate forums. Leventhal is suspected by many of tacitly supporting Wagner a year ago, a charge he denies, and some are now accusing him of throwing Wagner under the bus as part of the incumbents’ deal.
5. Council Member Duchy Trachtenberg is so upset about the growing circulation of stories about her mishandling money while she was Treasurer of Maryland NOW that she is vowing to locate their source. Perhaps she should blame the Gazette, which originally reported on the issue. Our informants are wondering whether distraction over this matter explains why Trachtenberg, who is sitting on over $200,000 in the bank, has apparently not yet sent out mail.
6. More than one council incumbent has recently butted heads with Council Vice-President Valerie Ervin, who will likely become President this December. That is EXTREMELY unwise as Ervin will be determining committee assignments, including chairmanships. Ervin is a tough cookie who will not tolerate mischief and will break heads if she has to.
7. We’ll finish with something positive. Yes, we know such things bore you, but you received plenty of dirt above, so deal with it. The County Council and the county’s statehouse delegation are often criticized for not talking to each other, but that could change for the better. One example is that Council Member Roger Berliner, who has significant expertise on energy policy, and Delegate Brian Feldman (D-15), who sits on the House committee that oversees electric utilities, are collaborating on legislation to establish performance standards for Pepco. We don’t care what they come up with, but the very fact that they are working together may be a sign of good things to come.
Monday, August 30, 2010
Tuesday, August 24, 2010
Council At-Large: Marc Elrich
Council Member Marc Elrich finished second in the 2006 at-large Democratic primary. What does that mean this year?
First, some basic statistics on Elrich along with his performance chart in 2006.
Electoral Experience
Freshman at-large incumbent. Ran unsuccessfully in District 5 in 1990 and 1998 and at-large in 1994 and 2002. Finished second at-large in 2006. Takoma Park City Council Member, 1987-2006.
Areas of Strength, 2006
Finished first in Council District 5, State Legislative Districts 18 and 20, Takoma Park, Downtown Silver Spring and Kensington. Without Council District 5, Elrich would have finished fourth overall.
Areas of Weakness, 2006
Finished fifth in State Legislative Districts 15 and 17, Council District 3, Gaithersburg, Potomac, North Potomac and Cabin John.
Endorsements
In 2006, Elrich had the support of nearly every progressive group in the county but was not endorsed by the newspapers. This time, he retains all of his prior support plus the Post.
Campaign Receipts
$113,787 for the 2006 cycle, which ranked fifth. In the 2006 cycle through the Pre-Primary 1 report in 2006, Elrich raised $48,780. In the 2010 cycle through the Pre-Primary 1 report in 2010, Elrich has raised $87,411, a 79% increase from the prior cycle. Elrich has always refused contributions from developers, a policy that limits his financial capacity.
What is Different Now
On the downside, Elrich’s home base of State Legislative District 20 will probably have a lower turnout than in 2006. But there is simply no way that Elrich will finish fifth in Gaithersburg again. Elrich’s base is FAR bigger now than it was four years ago due to his close attention to local concerns all over the county. Your author cannot go anywhere in MoCo without finding Elrich supporters who credit him for listening to them on their issues. We expect his larger base plus the Post endorsement to more than make up for any shrinkage in District 20 turnout.
Forecast
Elrich’s decision to reject developer financing is his biggest obstacle to reelection. (Many developers who are fans of Elrich’s BRT plan would likely give him MANY thousands of dollars if asked.) But Elrich’s cash on hand in mid-August ($59,553) was not much less than fellow incumbent George Leventhal’s ($70,461). With help from well-financed allies like County Executive Ike Leggett and Council Member Duchy Trachtenberg, Elrich could be able to mount a credible mail program. Overall, Elrich is a smart incumbent who has leveraged his opportunities for constituent service to generate lots of support for his return. We are picking Elrich to finish second, with an outside shot for first in the event that he attains financial parity with Leventhal.
Tomorrow, we’ll look at Duchy Trachtenberg.
