Ambulance Fee Suit Against County Dismissed

A Montgomery County Circuit Court judge ruled in favor of the county Monday saying that a suit filed by Montgomery County Volunteer Fire and Rescue Association related to the ambulance fee ballot issue was filed too late and did not show that the county's actions would change the outcome of the election.

The association claimed the county was electioneering at polling places in support of the ambulance fee ballot question.

The decision means that the county will be able to assign personnel to hand out pro-ambulance fee literature around the county on Election Day Tuesday.

Judge Robert Greenberg said in his ruling that an e-mail exchange between MCVFRA counsel John T. Bentivoglio and Montgomery County Attorney Marc Hansen on Oct. 18 in which Bentivoglio expressed concern over pro-ambulance fee flyers was when the clock started on the 10 days that someone has to file an injunction.

Bentivoglio said that MCVFRA did not seek to file an injunction until Friday because the county ramped up its activity within the last 10 days to include signs on public buildings advocating the ambulance fee and handing out flyers at early voting places. Signs were posted on fire stations, fire trucks and public buildings such as the Rockville Library. Darian Unger, a volunteer firefighter in Silver Spring, said in his testimony before the judge that he saw on-duty, career firefighters passing out pro-ambulance fee literature and talking to voters outside of the Silver Spring Civic Building at Veteran's Plaza Oct. 26 during early voting.

MCVFRA claimed that County Executive Isiah Leggett (D) and Montgomery County Fire Chief Richard Bowers were misusing county funds and personnel by having uniformed, career firefighters hand out pro-ambulance fee literature at early voting polling places.

MCVFRA did not file suit earlier because Bentivoglio said the county told him the campaign was not pro-ambulance fee, but rather educational. It wasn't until the signs on public buildings and the flyering during early voting that MCVFRA thought the county had gone too far.

Bowers held an event this morning saying MCVFRA pressured a volunteer medic to recant her pro-fee statement and to let voters know that career firefighters and some volunteers supported the fee.

"For weeks the county characterized their campaign as educational," Bentivoglio said.

Greenberg didn't see the difference and said MCVFRA should have filed suit sooner.

"The 10-day period cannot start fresh," Greenberg said. "The complaint should have been filed no later than Oct. 28."

Greenberg said the 10-day period could not be adjusted based on the degree of campaigning.

Greenberg also ruled that the campaigning done by the county on behalf of the ambulance fee would not have influenced the outcome of the election. In fact, Greenberg said he thought some voters could be influenced to not vote for the ambulance fee when they saw county personnel being used to promote the ballot question rather than performing their regular county duties.

MCVFRA won't seek to appeal the ruling, Bentivoglio said.

"We still believe the tactics used broke state and county law," he said.

Hansen said nothing the county did was illegal. He said the county employees were simply being asked to promote a government policy that is already in place.

"It's part of a county employee's official duty to advance the cause of the county government," Hansen said. "And that includes handing out literature. It was official county business."