and Maryland Law

Three leading Montgomery County Republican activists, Mike Philips, Pat Fenati and David Drake filed a lawsuit this past Thursday on behalf of Montgomery County taxpayers in the Circuit Court for Montgomery County (Philips, et al. v. Board of Trustees of Montgomery College (V342882) challenging Montgomery College for unlawfully charging discounted "in county" and "in state" tuition rates to students who graduate from Montgomery County public high schools, regardless of their place of residency or immigration status.  

The new lawsuit alleges Montgomery College's tuition policy violates both Maryland and federal law and places a substantial financial burden on Montgomery County taxpayers by subsidizing the cost of illegal alien students attending the community college.

The three plaintiffs are being represented by Judicial Watch, the public interest group that investigates and prosecutes government corruption.  According to their complaint:

Under federal law, unlawfully present aliens generally are ineligible for state or local public benefits, including post-secondary education benefits such as reduced tuition, unless a state has enacted a law affirmatively providing for such eligibility. The State of Maryland has never enacted a law affirmatively providing that unlawfully present aliens are eligible to receive reduced, in-county tuition at public institutions of higher education, including community colleges such as Montgomery College...

Under Maryland law, "Montgomery College is required to charge out-of-state tuition to any student who attends a community college in the State of Maryland and is not a resident of the State..."

The College's long-standing policy is causing a substantial loss  to taxpayers in Montgomery County and the State of Maryland. By providing reduced, in-county tuition to all students who graduate from Montgomery County public high schools, regardless of their residence or status as unlawfully present aliens, Montgomery College is failing to collect revenue that, by state and federal law, it is required to collect.

By law, the tuition paid by a student who attends community college is determined by a student's place of residence. Students who are residents of the county or counties supporting the community college they attend are charged an in-county rate. Students who are residents of the State of Maryland, but reside outside the county or counties supporting the community college they attend are charged an instate rate. Students who reside outside the State of Maryland are charged an out-of-state rate.

However, Montgomery College has a long-standing policy of providing graduates of Montgomery County public high schools, including illegal aliens who unlawfully reside in the United States, the lowest "in county" tuition rate regardless of their place of residence. Montgomery College described this policy in financial statements for Fiscal Years 2007, 2008 and 2009: "[T]he Montgomery College policy is applicable to all persons, equally, and includes all citizens as well as undocumented aliens..." The tuition policy was formally adopted by Montgomery College's Board of Trustees on November 15, 2010.

Between 2006 and 2009, Montgomery College failed to collect $5,870,852 in tuition fees due to its policy of unlawfully allowing a discounted "in county" tuition rate to illegal aliens and other "out of state" students.

The policy has been questioned by the College's own auditors. Maryland State Delegate Pat McDonough first alerted Judicial Watch to this issue last year, prompting Judicial Watch to conduct an independent investigation, which led to this taxpayer lawsuit.

"Montgomery College's funneling of tax dollars to tuition benefits for illegal aliens is against the law. The policy is especially egregious in this age of government budget crises," stated Judicial Watch President Tom Fitton. "Our taxpayer clients hope the court will put a stop to Montgomery College's policy of providing illegal perks at taxpayer expense."

Mike Philips was the 2010 Republican candidate in Congressional District 8,  Pat Fenati is a member the Montgomery County Republican Central Committee and David Drake is a leader in the Montgomery County chapter of Americans for Prosperity.   

More news coverage

Message from the Chairman:  Montgomery County Must Not Break the Law on Illegal  Immigration

 Earlier this week three Montgomery County Republican activists, Central Committee member Pat Fenati, former congressional candidate Mike Philips and District 15 Precinct Chair David Drake filed suit against Montgomery College for offering in-state and in-county tuition to illegal aliens.
 

Their lawsuit highlights Montgomery County's continuing failure to comply with the law on immigration related issues.  More detail about the suit is contained elsewhere in this newsletter.
 

It is often unfairly charged that illegal immigration opponents are also against all immigration. Even worse, that they are called racists.  This needs to be addressed.

The Maryland Public Policy Institute

As his new term starts, is O'Malley ready to lead?

Originally published in the Herald-Mail

By Thomas A. Firey

JANUARY 16, 2011

Martin O'Malley first took the Maryland governor's oath in January 2007 amid great excitement and expectation. Thousands attended his inaugural gala in Baltimore, where pop-funk supergroup Kool  & the Gang belted out its 1980 party anthem "Celebration."

When he retakes the oath Wednesday, the mood will be more subdued, with the hope that his second term goes better than his first.

O'Malley entered office with the same intention as all elected leaders - to use public resources to benefit his constituents. But then, the housing bubble collapsed and the ensuing financial crisis and recession cut into state tax revenues, stunting those resources.

Maryland general fund revenue for fiscal year 2011, which in 2007 seemed destined to top $16 billion, came in at $13.2 billion. Now, state policymakers must close a $1.6 billion deficit for fiscal year 2012 after having closed $2 billion gaps each of the last two years. The deficits come despite infusions of federal stimulus money and O'Malley's 2007 tax package that raised the state sales tax and corporate tax, created a higher-rate bracket for the state income tax, doubled the state cigarette tax and increased vehicle fees.

O'Malley has spent most of his time in Annapolis trying to keep Maryland out of the red. He's had few achievements beyond that - his re-election campaign rhetoric notwithstanding. For an ambitious politician, it's tragic to gain high office, only to have government revenues tank.

But he cannot spend his second term focused on keeping the state's books balanced while lamenting what might have been. Maryland faces several critical challenges that must be met in the next few years. If he were to lead the effort to meet those challenges, he would leave a great legacy.

O'Malley should focus on two goals in his second term:

· Close the structural deficit. Maryland's recent budget woes are alarming, but the state's most serious fiscal problem is its structural deficit - ongoing future deficits that are the product of already-promised state spending that is greater than expected tax revenue (even under good economic conditions).

For instance, promised pensions and other benefits for retiring teachers and state workers will require an estimated $33 billion in additional funding beyond current levels in coming years. The new federal health care law adds additional liabilities to Maryland's already-overburdened Medicaid program, which also faces a challenging future as the population ages. And the state needs to repay its transportation and emergency funds, which state policymakers have raided to help balance Maryland's budget.

Closing the structural deficit will require Annapolis to reappraise state programs, separating those that truly provide public benefits from those that should be left to local or private action. It also will require a grand bargain with public employee unions that will leave taxpayers, workers, and political and union leaders all unhappy. And Maryland should sell off assets that, despite having little public value (e.g., Baltimore's WorldTradeCenter, Rocky Gap Resort), are valued by politicians. Most important, the state needs new fiscal rules and procedures to keep state policymakers from repeating their irresponsible promises in the future.

· Decentralize state government. Maryland might be a solidly Democratic state, but it has several Republican areas, including Washington County. That division reflects the state's diversity of values, social needs and expectations.

In a liberal democracy, such diversity requires that policies be made, implemented and paid for as close to the people as possible. Local matters should be handled by local governments, while only matters that affect state or national populations should be made at higher levels.

Unfortunately, Annapolis policymakers have long ignored this principle, injecting their will into local matters. Examples include Hagerstown's recent controversy over whether to require sprinkler systems in new homes and Washington County's turbulent 2006 rezoning.

This overextension of power is costly. Local governments revolt (as Hagerstown did with the sprinkler requirement) and state politicians make promises that taxpayers don't keep (hence Maryland's structural deficit).

O'Malley can reduce those costs by pushing reforms that would reduce Annapolis's meddling in local issues. This would both ease the state's budget burden and relax political tensions between Blue and Red Maryland.

Pursuing these goals would not earn O'Malley warm accolades from other politicians and power brokers. But if he were to achieve them, he would provide a great service to Marylanders. And he would live up to the expectations of January 2007.

Thomas A. Firey is senior fellow for the Maryland Public Policy Institute.  

You can find this online at: http://www.mdpolicy.org/research/detail/as-his-new-term-starts-is-omalley-ready-to-lead

Ronald Reagan's 100th Birthday Ball Celebrating His life and Legacy

The Maryland Republican Party Invites you to Ronald Reagan's 100th Birthday Ball Celebrating His life and Legacy

Cocktails, Hors D'oeuvres and Dancing to "The Reagan Years" Orchestra
 

Saturday, February 5th, 2011
7:30pm to 10:30pm
Turf Valley Country Club
2700 Turf Valley Rd,
Ellicott City 21042

Sponsors:
 

• $5,000 The Reagan Cabinet- incudes 10 VIP Reception Tickets
• $1,000 Friends of Reagan- includes 4 VIP Reception Tickets
• 2,550 Individual VIP Tickets VIP Tickets include access to the VIP Reception with Host Bar and Hors D'oeuvres

General Reception Ball:

• $100 per person / $175 per couple
   

Montgomery County Central Committee Member Daniel Vovak's public statement on his Stage IV Cancer

Dear friends, Republicans, and Marylanders:

For the last two weeks, I have had the rare privilege to be overwhelmingly loved by family and friends and to receive perfect care from the staff at Johns Hopkins/Suburban Hospital in Bethesda, Maryland. Shortly before Thanksgiving and through the weekend of the Maryland Republican Convention earlier this month, I experienced increased abdominal pain. I have since learned that I have an aggressive, but yet-to-be-specifically-diagnosed, Stage IV cancer.

Thankfully, my family and Alison have remained at my side, even as my dog, Newton, anxiously awaits my return. I anticipate not returning home for at least a month, though still before the 450 daffodils I planted (just three weeks ago) bloom in the spring. In the meanwhile, I ask that you pray for me and be more open with your loved ones, since I have learned there is no advantage to delaying kind words.

At this time (to preserve my strength), I request no phone calls, flowers, or visitors. Correspondence should be directed to Daniel Vovak through email at

DanielVovak@gmail.com

or to Daniel Vovak, Suburban Hospital. 8600 Old Georgetown Road. Room 3104. Bethesda, Maryland 20814. I will respond to correspondence when I am able, or as there are developments. May God bless us all!