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Goings on in Gaithersburg, Maryland

December 21st, 2007

Webb: Illegals broad issue

Today’s Washington Times has an interesting story by Seth McLaughlin, for which he interviewed Virgina Senator James Webb. Quoting:

“On the one hand, there are going to be people who don’t like that [state and local governments taking positions on illegal immigration], but on the other hand, they still want us to vote for such things as the right of a local community to create a sanctuary,” Mr. Webb said. “So if a local community under our system should have the right to create sanctuaries, the local community should have the right to create restrictions when people truly are illegal.”

“Here is the problem. There’s two different strains here,” he said. “One side is not going to be emotionally satisfied unless everyone here is legalized and the other side is not going to be emotionally satisfied unless every single illegal is gone. Between these two emotional extremes is the question of whether you really want a practical solution or not. That’s where I was trying to go during the debate.”

December 20th, 2007

The Gazette This Week, Part 2

  • Patricia M. Murret writes, Housing changes strike a nerve

    After emptying West Deer Park Apartments of 198 tenants more than a year ago to make way for a new and improved townhouse project, a developer has won city approval to upgrade and re-rent the units.

  • Patricia M. Murret writes, Longtime residents say goodbye to a neighborhood

    Every December for 10 years, Melvin Spriggs has strung 20,000 Christmas lights around Gaithersburg’s Ty-Gwinn apartment complex, helping to brighten tenants’ holidays.

  • Patricia M. Murret writes, City’s strategic retreat stays home

    Instead of an out-of-town retreat, the Gaithersburg Mayor and City Council will host its annual strategic planning retreat in the city in January, allowing residents to attend the meetings.

  • C. Benjamin Ford writes, Phone failure leaves 911 calls unanswered

    The county’s emergency communications system was disrupted for three hours on Sunday, keeping an unknown number of people from reaching 911 for help.

    It was the second time in recent months residents experienced difficulties calling 911.

  • Melissa J. Brachfeld writes, Preliminary work on ICC gets under way

    State highway officials told a handful of Derwood residents last week that they could expect some dirt and traffic delays as construction on the Intercounty Connector begins in Derwood and Olney.

December 20th, 2007

The Gazette This Week, Part 1

  • Meghan Tierney writes, Indictments handed down in gang-related attacks

    The nine suspects charged in gang-related attacks that occurred in the span of one week in November and left one man dead have been indicted by a grand jury in Montgomery County Circuit Court.

  • Sebastian Montes writes, Anti-gang center for upcounty gets a push

    To combat the growing and increasingly complex presence of gangs in the upcounty, county officials are pushing for the creation of a youth center that would offer support and alternatives for young people exposed to or involved in gangs.

  • Contessa Crisostomo writes, Teen in school after fire destroys home

    The Derwood teenager who lost three members of his family to a fire last week returned to classes Tuesday, just days after his younger brother, mother and grandmother were laid to rest.

  • Sebastian Montes writes, Options to M-83 project revealed

    Highway planners have unveiled their four recommended alternatives to the current alignment of M-83, a controversial proposal to extend Midcounty Highway north from Montgomery Village into Clarksburg.

  • Patricia M. Murret writes, Mary Ward, former city leader, dies

    Mary Butts Ward, 96, a longtime city leader and Gaithersburg resident since 1930, died Monday at the Wilson Health Care Center in Asbury Methodist Village.

December 18th, 2007

SWAT training at former Broadstone Apartments to begin on Wednesday

From the City’s website:

Police to Conduct SWAT Training at Former Broadstone Apartments
Posted 12/12/2007

The Gaithersburg and Montgomery County Police Departments will be conducting a SWAT (Special Weapons and Tactics) training course at the former Broadstone Apartment complex located at the corner of West Deer Park Road and South Frederick Avenue. This complex has been approved for redevelopment and will be demolished in the near future.

SWAT training will take place at the complex daily from 8 a.m. to 5 p.m. Wednesday, December 19 through Saturday, December 22, 2007.

The vacant apartments provide an excellent opportunity for realistic training, and will contribute to the readiness of regional police agencies to respond to emergency situations. A portion of this training will involve the use of explosives in small quantities under very controlled conditions. The muffled sounds of the explosives may be heard within the neighborhood throughout the training.

The sponsor of the training course and the police department has taken all necessary precautions to ensure that this training will in no way be hazardous to the community. It is being conducted by trained and certified professionals and has been designed with an emphasis on safety.

For additional information please contact Lieutenant Thomas Campbell of the Gaithersburg Police Department at 301-258-6400 or tcampbell@gaithersburgmd.gov.

December 18th, 2007

Ike Leggett Call-in Show on Tuesday, December 18 (updated)

Update: The video of this call-in show can be found here.

From the County’s website:

Residents can view Montgomery County Executive Isiah Leggett and County Council President Mike Knapp during a live, televised call-in show on Tuesday, December 18 from 7:30 to 8:30 p.m. on County Cable Montgomery — Channel 6 on Comcast and RCN, and Channel 30 on Verizon. Leggett and Knapp will answer residents’ questions on any topic of local concern. Residents can call 240-777-6540 with their questions anytime before or during the show.

It will be interesting if they actually will answer any question of local concern. One thing I’m particularly interested in at this point is what the County’s plans are for the GE Tech Park. Will the County, by purchasing a good-sized chunk of land in the City, cut off the City’s tax revenue stream for that property, and in net effect — as it is arguable whether the City has any zoning authority over the County — de-annex a property that was annexed into the City about eighteen years ago? The GE Tech Park property is currently assessed at $19,201,800, on which the City’s portion of the property taxes is $40,707.82. If the County buys that land, the City would not be able to collect these taxes, which would likely be much higher if that property is redeveloped by a commercial entity. If this deal goes through, will the the City receive any compensation for this loss? And beyond these financial issues are questions of the long-term use of this property if the County has no one to answer to but themselves with regard to what they do there. According to the Gazette,

The county police department headquarters would move to the building, along with Public Service Training Academy classrooms and the 1st District police station. The county Board of Elections would also be moved there.

In addition to the six-story building, there is also a 240,000-square-foot warehouse on the property owned by Finmarc Management Inc., which is leased to Giant Food Inc. for its Peapod delivery service. That building would be adapted to hold an expanded, climate-controlled primary warehouse for the Department of Liquor Control. The MCPS food warehouse would be built nearby.

But these are, of course, just tentative plans for the short term. As we saw with the Crabbs Branch Day Laborer Center, if the County decides they want to do something, they just go ahead and do it, so no one should look at these tentative, public plans as representing any sort of limits on what the County will actually do there.

December 17th, 2007

Recent City Police Crime Reports

Monday, December 17, 2007

Aggravated Assault

On 12/17/07 at approximately 1:47 a.m. police responded to Suburban Hospital for a walk in stabbing. Investigation revealed a male was stabbed while in the 400 blk of N Summit Ave.

Suspect-Hispanic male 4′ 4″ 28-30 years old

The 400 block of N Summit Ave is mostly the apartments on the east side of the street from about Park Ave to Girard; Asbury is on the other side.

Sunday, December 16, 2007

Robbery

On 12/16/07 at 9:50 P.M. there was an armed robbery in the 500 block of N. Frederick Avenue. The suspects approached the victim and took her vehicle after they threatened her with a handgun.

Vehicle stolen: 2004 cream colored Lincoln Towncar Maryland license plates MSE 744
Suspects: Two black males, one armed with a handgun. There is no further description.

They seem to have ommitted the word “Carjacking” from that report.

The “500 block of N. Frederick Avenue” appears to be offset by a block depending on which side of the street you’re talking about. On the east side, it extends from Lakeforest Avenue to Montgomery Village Ave — the Kaiser Permanente building is 501 N Frederick, while the Chevy Chase Bank is 509 N Frederick Ave. On the west side, it is really just the back half of Gaithersburg Square shopping center — from Chuck E Cheese to Honey Baked Ham — together with the Panera and Boston Market buildings. The buildings along the front — Sandy Spring Bank and the Bank of America, the Grog Beer and Wine — and the stores on the south end — from the Verizon Wireless to the party store — all have addresses in the 400 block. The Burlington Coat Factory/Toys R Us building is in the 600 block. Go figure.

Friday, December 14, 2007

Vandalism

On 12/14/2007 at approximately 8:50 p.m., officers responded to the parking lot of Rio Grande Café located at 231 Rio Boulevard for a report of vandalism to multiple vehicles. Upon arrival, officers located eleven vehicles with slashed tires. The victims appeared to have been targeted at random. An investigation is ongoing.


Saturday, December 08, 2007

Strong Arm Robbery

On 12/08/07, at 1:58 p.m., police responded to the unit block of School Drive for a strong armed robbery of a citizen. A suspect pushed the victim and took his cell phone. No arrests made.

Suspect: Black male, 17 yrs old, 5′10″, 150 lbs., wearing a black skull cap, black North Face fleece jacket, white hooded sweatshirt, blue jeans, blue and white sneakers.

School Drive is off Muddy Branch, north of Diamondback.

Sunday, December 02, 2007

Burglary

On 12/02/07, at approximately 4:00 p.m., suspects entered a residence in the 100 block of Floral Drive by breaking a rear window. Nothing was taken. Investigation to continue.

Floral Drive is northwest of the intersection of Chestnut/Muddy Branch and West Diamond Ave.

Thursday, November 29, 2007

Burglary

On 11/29/07, at approximately 6:30 p.m., a residence in the unit block of County Ct was entered through an unlocked door. The resident was home at the time and when she confronted the suspect he ran away. The suspect was located and arrested a short time later.

County Court is near School Drive.

December 16th, 2007

Agenda - Mayor and City Council Meeting, 12/17/2007

From the City’s website:

Agenda - Mayor and City Council Meeting, 12/17/2007
Posted 12/13/2007

City of Gaithersburg
AGENDA FOR A REGULAR CITY COUNCIL MEETING

MONDAY, DECEMBER 17, 2007, 7:30 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. INVOCATION

Reverend Gellert Ailer, St. John Neumann Catholic Church

IV. APPROVAL OF MINUTES

  • Minutes of a Regular Meeting of the Mayor and City Council Held December 3, 2007
    Background Material (pdf format)

V. CONSENT ITEM
(resolutions for approval by the City Council that do not need discussion)

  1. Resolution of the Mayor and City Council Authorizing the City Manager to Negotiate and Execute a Contract for Design of Lake Placid Dam Modifications ($99,126)
    Background Material (pdf format)

  2. Resolution of the Mayor and City Council Authorizing the City Manager to Directly Negotiate a Contract for the Professional Entertainment Services of Gin Blossoms for Celebrate Gaithersburg Day 2008 ($30,000)
    Background Material (pdf format)

V. APPOINTMENTS

Resolution of the City Council Confirming Appointments and Reappointments by the Mayor to the Cultural Arts Advisory Committee, Gaithersburg Senior Council, Police Chief’s Advisory Council, and Technology & Innovations Committee
Background Material (pdf format)

VII. PRESENTATIONS

  1. Readings of the Winning Essays from the City’s National CHARACTER COUNTS! Week Adult Heroes in OUR Community Writing Contest
  2. Presentation to the City of Gaithersburg From Ski Aller
  3. Proclamation of the Mayor and City Council Designating December 17, 2007, as “Eric Kuhn Day” in the City of Gaithersburg
  4. Certificates of Recognition Presented to The Maryland Roadrunners - Senior Women’s Softball Team

  5. Presentation of the City of Gaithersburg’s Comprehensive Annual Financial Report (CAFR) - June 30, 2007

VIII. PUBLIC APPEARANCES
(public is invited to speak on any subject that is not a public hearing topic on tonight’s agenda - each speaker three minutes)

IX. FROM THE MAYOR AND CITY COUNCIL/ANNOUNCEMENTS

  • Upcoming City Events

X. FROM THE ACTING CITY MANAGER

XI. PUBLIC HEARING

JOINT - Master Plan Amendment MP-2-07: Community Facilities, an Element of the City of Gaithersburg Master Plan
Background Material I (pdf format)
Background Material II (pdf format)

XII. RECESS MAYOR AND COUNCIL MEETING


HISTORIC DISTRICT COMMISSION

1. Call to Order

2. Approval of Minutes

Minutes of a Historic District Commission Meeting Held November 19, 2007
Background Material (pdf format)

3. Certificate of Approval

  • HAWP-36G - Applicants: Bob and Cathy Drzyzgula, 16 Walker Avenue, Tree Removal
    Background Material (pdf format)

  • HAWP-95A (Retroactive) - Applicant: Irfan Khan, 112 Meem Avenue, Request for Amendment to HAWP-95 (Retroactive), for a Change of Materials/Window Style/Roof

    Background Material (pdf format)

4. Policy Discussion

  • Demolition Request: Applicant: James Clifford, Demolition of two garages at 316 East Diamond Avenue
    Background Material (pdf format)

5. Adjournment


XIII. RECONVENE MAYOR AND COUNCIL MEETING

XIV. FROM THE ASSISTANT CITY MANAGERS, CITY ATTORNEY AND OTHER STAFF

  • Guidance on a Memorandum Dated December 13, 2007 Concerning Extending the Record on Z-307 (Summit Shopping Center Redevelopment)
    Background Material (pdf format)

XV. ADJOURNMENT


EXECUTIVE SESSION

Notice to the general public is hereby given that the Mayor and City Council of Gaithersburg plan to conduct a closed Executive Session on Monday, December 17, 2007, immediately following the regular meeting of the Mayor and City Council, pursuant to Section 10-508(a)(1)(i), State Government Article, of the Annotated Code of Maryland, to discuss a personnel topic.  The topic relates to how the City will proceed with the process for hiring a new City Attorney.  The closed executive session will be conducted pursuant to a motion properly adopted during the scheduled regular meeting of the Mayor and City Council on Monday, December 17, 2007.  


ANNOUNCEMENT

Notice to the general public is hereby given that the Mayor and City Council of the City of Gaithersburg will not conduct work sessions on Monday, December 24 and 31, 2007.  The next regular meeting of the Mayor and City Council will be held on Monday, January 7, 2008, 7:30 p.m., in the Council Chambers, 31 South Summit Avenue


MAYOR & CITY COUNCIL MEETINGS

ARE TELEVISED LIVE ON
CABLE CHANNEL 13 AND ON THE
INTERNET AT www.gaithersburgmd.gov/tv

Replays are televised at Noon on Tuesdays
following meetings and are repeated at
7 a.m. and 7 p.m. daily

THE NEXT REGULAR MEETING
OF THE MAYOR AND CITY COUNCIL
WILL BE HELD HELD MONDAY, JANUARY 7, 2008, 7:30 P.M.
.COUNCIL CHAMBERS, 31 SOUTH SUMMIT AVENUE

TO CONFIRM ACCESSIBILITY ACCOMMODATIONS,
PLEASE CONTACT DORIS STOKES AT

CITY HALL, 31-258-6310

December 15th, 2007

Gaithersburg Residents Can Now “Single Stream” Recyclables

I suppose that — beyond being pleased that we now have one less thing to do to throw stuff away — one the things I find most interesting about this announcement is the news that the City is no longer using the County’s recycling facility. Instead, our recyclables are now going to Waste Management’s facility in Elkridge Maryland, which is apparently the largest in the nation, and as of September already processing a thousand tons of recyclables per day.

From the City’s website:

Gaithersburg Residents Can Now "Single Stream" Recyclables
Posted 12/14/2007

 recycle bin
Recycling in Gaithersburg just became easier as residents of single family homes and townhouses can now "single stream" their recyclables.

Single streaming simplifies the recycling process by allowing customers to combine recyclable paper, plastic, glass, steel and aluminum materials into one single container for collection. These materials are then picked up by a single truck and taken to the Waste Management recycling facility in Elkridge, MD, where advanced recycling technology is used to automate the sorting of these materials.

Single streaming promotes recycling for those who like the simplicity of using one container for all recyclables. This system eliminates the need to separate newspapers from bottles and cans, which can take up space at home with several different bins for recycling.

This system is now in place in Gaithersburg, so residents are encouraged to use their green recycling bin and begin single streaming immediately on their regular recycling day. Click here for more information on the City´s recycling program or call 301-258-6370.

December 13th, 2007

Judicial Watch asks the County for Casa de Maryland Records

Brad Botwin, Director of Help Save Maryland, sent me the following email:

This past summer Chuck Floyd and Help Save Maryland filed Maryland Public Information Act requests with Montgomery County Executive Ike Leggett and Montgomery County Council President Marilyn Praisner concerning information and financial records relating to CASA of Maryland and the Montgomery County Government. Our intent was to uncover the vast taxpayer funded financial and organizational relationship between the pro-illegal alien group CASA and our elected officials.

Help Save Maryland opposes any taxpayer dollars being spent on CASA managed Day Laborer Centers which provides employment opportunities for illegal aliens or any other related CASA managed efforts. Included in the correspondence was a request for the names and addresses of the businesses that utilize the workers from the Day Laborer Centers. Again our intent was to notify the citizens of Montgomery County regarding the businesses that are utilizing the taxpayer-funded Centers in possible violation of Federal and State law.

After receiving little if any information or data from Leggett and Praisner, Help Save Maryland submitted a second set of letters in the hope that our elected officials and career Montgomery County employees would obey the law and release the information. Did not happen.

I am pleased to announce that Judicial Watch Inc (www.JudicialWatch.org), a DC based, conservative, non-partisan educational foundation, which promotes transparency, accountability and integrity in government, politics and the law, has taken up our cause! Please see the attached letter to County Executive Leggett. A similar letter was sent to the Montgomery County Council. For further information please contact JW President Tom Fitton at 202-646-5172 x306

Brad Botwin, Director
Help Save Maryland

Attached to this email was a PDF file containing the letter sent by Judicial Watch. Below is a transcription of this PDF, which I produced via OCR, cleaning it up and formatting it by hand, so please consult the original for an authoritative copy. I must say that this does seem — to my untrained eye — like a massive request, covering a great deal of territory. But I do hope that this effort will ultimately result in some light being shed upon the County’s unmistakably cozy — but heretofore opaque — relationship with Casa de Maryland.

December 11, 2007

VIA FIRST-CLASS MAIL AND FAX

Ike Leggett
Montgomery County Executive
101 Monroe Street, 2nd Floor
Rockville, MD 20850
Fax: 240-777-2517
Mary Anderson
Department of Health and Human Services
11 N. Washington Street, Suite 450
Rockville, MD 20850
Fax: 240-777-1342
Jennifer E. Barrett
Department of Finance
101 Monroe St.
Rockville, MD 20850
Fax: (240) 777-8857

Re: Maryland Public Information Act Request

Dear Sir/Madam:

Pursuant to the provisions of the Maryland Public Information Act (PIA), SG §§10-611 - 10-630, Judicial Watch, Inc. requests from Montgomery County access to and a copy of any and all public record(s) within thirty (30) days concerning or relating to the following:

  1. Any and all records relating to CASA of (de) Maryland’s budget and accounting information, opening and operation of day labor site(s) in Montgomery County, procedures/requirements for determining work authorization at day labor site(s), and any agreements and/or applications made by CASA of (de) Maryland to Montgomery County.
  2. Any and all records relating to the use of public funds to fund (including, but not limited to, grants, income, subsidies, loans, and debt forgiveness), house, or provide goods and services for any day labor site(s) located in Montgomery County.
  3. Any and all records relating to the use of public funds provided to CASA of (de) Maryland by Montgomery County to fund, in any way, education, training, publications, outreach, health care, English language training, recreation, gang prevention, etc.


Custodian of Records
Public Information Act Request
December 11, 2007
Page 2 of 3

  1. Any and all research, studies, analyses, statistics, data, surveys, reports, legal opinions, and any other information related to:
    1. Illegal immigrants immigrating to, living and/or working in Montgomery County;
    2. Day labor site(s), day laborers (including information regarding the citizenship or immigration status of day laborers) and employers of day laborers in Montgomery County; and
    3. CASA of (de) Maryland’s day labor site and day laborers and employers of such day laborers, including the citizenship or immigration status of day laborers.
  2. Any and all communications and/or correspondence between Montgomery County and any federal government agency regarding CASA of (de) Maryland and/or any day labor site(s) located within the county.
  3. Policies and procedures for Montgomery County employees concerning or relating to illegal aliens or suspected illegal aliens, including but not limited to approval or denial of services with respect to a person’s citizenship or immigration status.
  4. Policies and procedures concerning or relating to contacts or communications with between Montgomery County employees and federal immigration officials, including but not limited to officials of the Bureau of Immigration and Customs Enforcement (ICE) and the U.S. Border Patrol, regarding a person’s citizenship or immigration status.
  5. Any third party communications, including, but not limited to members of the media and/or activists, regarding Montgomery County day labor site(s).

The time-frame for this request is January 1, 2005 to present.

Public records are any records that are made by, or received by, a covered public agency in connection with the transaction of public business. SG §10-611(g)(1)(i). All "public records" are covered by the PIA. The term "public record" includes not only written material but also computerized records (including, but not limited to emai1s and digital files), correspondence, photographs, photostats, films, microfilms, recordings, tapes, maps, drawings, and any copy of a public record. SG §10-611(g)(1)(ii).

Within thirty (30) days of receipt of this request, you are required to determine whether the request, in whole or in part, seeks copies of disclosable public records in your possession and to notify us promptly of your determination and the reasons therefore. SG §10-614(b)(2). If this request is denied you are required to provide a written statement of the reasons for the denial, the legal authority for the denial, and notice of the remedies for review of the denial within 10 working days. SG §10-614(b)(3)(ii).



Custodian of Records
Public Information Act Request
December 11, 2007
Page 3 of 3

Any reasonably segregable portion of a record otherwise exempt from disclosure is required to be made available after deletion of the portions that are exempted by law. SG §10-618(a).

Finally, Judicial Watch requests a waiver of any direct costs of duplication or statutory fees pursuant to SG §10-618(c) as the request is for noncommercial purposes that serve the public interest. Judicial Watch is a non-profit, tax-exempt 501(c)(3) educational organization dedicated to increasing public understanding of the operations of government as well as the importance of ethics and the rule of law. Judicial Watch regularly requests information from public agencies about their operations and activities and disseminates this information to the public in furtherance of its educational mission. However, if any fee is to be charged for copying the requested records, please notify us in advance if the expected cost is likely to exceed $150.00.

If you do not understand this request or any portion thereof, or if you feel you require clarification of this request or any portion thereof, please contact us immediately at 202-646-5172 or dgrothe@judicialwatch.org.

Sincerely,

(signed)

Deronda Grothe
Program Manager

December 13th, 2007

State of Maryland persistently ignoring documentation requrements

Yet another audit report has come out documenting the State’s utter disregard for requirements for residents to obtain services, licenses and other formal documents. As reported by Kathleen Miller in the Examiner, Audit: 52K receiving aid lack valid SSN’s:

About 52,000 people who received public benefits like food stamps and temporary cash assistance in Maryland last year didn’t have valid Social Security numbers, a state audit has found.

This report comes from Maryland’s Office of Legislative Audits. The cover letter to the referenced report reads:

November 30, 2007

Delegate Steven J. DeBoy, Sr., Co-Chair, Joint Audit Committee
Senator Nathaniel J. McFadden, Co-Chair, Joint Audit Committee
Members of Joint Audit Committee
Annapolis, Maryland

Ladies and Gentlemen:

We have audited the Family Investment Administration (FIA) of the Department of Human Resources for the period beginning August 11, 2003 and ending March 31, 2007.

Our audit disclosed a number of deficiencies in FIA’s monitoring of its public assistance programs. For example, computer matches designed to detect ineligible recipients (such as by comparing Maryland’s recipients to recipients in other states) were not performed for extended periods. Furthermore, when the matches were performed, due to limitations in the computer program used, the vast majority of public assistance recipients were excluded from the matches. We determined that approximately 52,000 individuals who received public assistance benefits during 2006 lacked valid social security numbers. Recipients are required by federal and state law to disclose their social security numbers; without valid social security numbers, certain eligibility procedures (such as matches with State wage records) are ineffective. FIA made assistance payments totaling $488 million during fiscal year 2007, primarily for temporary cash assistance and food stamps.

Our audit also disclosed that access to the computer system used to award and process public assistance benefits was not adequate as employees could modify recipient benefits without approval. Finally, we noted that several contracts were not sufficiently monitored to ensure that contractor billings were based upon contractor costs and to ensure that all services paid for were received.

Respectfully submitted,
Bruce A. Myers, CPA
Legislative Auditor

This comes on the heels of an October 19 report on the MVA, for which the cover letter reads:

October 19, 2007

Delegate Steven J. DeBoy, Sr., Co-Chair, Joint Audit Committee
Senator Nathaniel J. McFadden, Co-Chair, Joint Audit Committee
Members of Joint Audit Committee
Annapolis, Maryland

Ladies and Gentlemen:

We have audited the Department of Transportation – Motor Vehicle Administration (MVA) for the period beginning January 1, 2004 and ending November 30, 2006.

Our audit disclosed that MVA did not have effective policies and procedures to oversee its Ignition Interlock Program (IIP). By requiring enrollees to have ignition interlock devices installed in their vehicles, IIP is intended to help prevent individuals convicted of alcohol-related driving violations from driving while intoxicated. However, MVA failed to take appropriate follow-up action for certain individuals who repeatedly violated the terms of the program, and such individuals were subsequently returned to a normal driving status.

Our audit also disclosed that procedures and controls over driver’s licensing transactions and related suspensions and revocations were not sufficient. For example, required documentation (such as proof of residency) was not always obtained for licenses issued, and certain licenses appeared to have been issued improperly, such as to individuals who were deceased. License suspensions and revocations and related appeals were also not processed timely, allowing licensees to retain their driving privileges for longer periods.

MVA’s procedures for monitoring licensed vehicle dealerships were not comprehensive to ensure that vehicle titling and registration transactions were properly processed and that the related excise taxes and fees were properly assessed. For example, dealership audits of these activities were not comprehensive, and MVA improperly waived certain penalties assessed for late submission of vehicle excise taxes and related fees by the dealerships.

MVA did not take timely action to enforce State laws that require vehicle owners to maintain insurance coverage for registered vehicles. Although State law requires the immediate suspension of a registration for any vehicle for which the insurance coverage is terminated or lapses, we found that MVA generally waited 115 days to process these suspensions. Furthermore, MVA did not invoice uninsured motorists for the related assessed penalties in a timely manner.

Numerous security and control deficiencies existed with respect to eMVA Store, which is operated by a contractor and provides online services to the public. For example, sensitive personal and financial information of eMVA Store customers was not adequately protected, critical security events were not adequately monitored, and critical software was out of date. Furthermore, the contractor was not required to receive periodic audits of its online security controls.

Finally, a number of internal control and record keeping deficiencies were noted in areas including the Vehicle Emissions Inspection Program, cash receipts, purchases and disbursements, and equipment.

We determined that MVA’s accountability and compliance level was unsatisfactory, in accordance with the rating system we established in conformity with State law. The primary factors contributing to the unsatisfactory rating were the number and significance of our audit findings, and the number of repeat audit findings from our preceding audit report. In this regard, MVA did not sufficiently address 12 of the 22 findings in our preceding audit report.

Respectfully submitted,

Bruce A. Myers, CPA
Legislative Auditor

And an August 8 report on the Department of Health and Mental Hygiene, for which the cover letter reads:

August 8, 2007

Delegate Steven J. DeBoy, Sr., Co-Chair, Joint Audit Committee
Senator Nathaniel J. McFadden, Co-Chair, Joint Audit Committee
Members of Joint Audit Committee
Annapolis, Maryland

Ladies and Gentlemen:

We have audited the Office of the Secretary and other units of the Department of Health and Mental Hygiene (DHMH) for the period beginning July 10, 2003 and ending August 31, 2006.

Our audit disclosed serious deficiencies relating to the issuance of, accounting for, and safeguarding of vital records, including birth certificates. As a result, there was no assurance that certificates were only issued for legitimate purposes and that the related fees were deposited. For example, sufficient identification was not always required from applicants when requesting birth certificates. In addition, DHMH did not use prenumbered certificates for the majority of critical forms issued, and did not adequately account for the forms that were prenumbered. We also noted that DHMH did not properly oversee the issuance and security of birth and death certificates by the local health departments. Finally, access to the vital records automated system was not adequately restricted. Falsified or stolen vital statistics could allow the holder to obtain other critical documents (such as passports) and improper benefits (such as Social Security benefits).

Our audit also disclosed that DHMH did not review the budgets of subproviders that received a significant portion of the financial assistance provided to primary providers (such as to local health departments), and certain subproviders were not audited, as required, to provide assurance that their expenditures were reasonable. In addition, DHMH did not inspect various health care facilities annually as required by law. For example, 1,139 of the 1,567 (73 percent) licensed assisted living facilities were not inspected during fiscal year 2006. Furthermore, since its inception in 2005, taxpayer donations to the Cancer Fund, totaling $890,000, have not been spent; these donations are to provide grants for cancer research, prevention and treatment. Additionally, a federal fund reimbursement was not requested timely, resulting in lost interest to the State of approximately $396,000.

Finally, we noted internal control and record keeping deficiencies relating to purchases and disbursements, corporate purchasing cards, information systems, payroll, and equipment.

Respectfully submitted,

Bruce A. Myers,
CPA Legislative Auditor