Blog Post

Citizenship and the 2020 Census

John Christie • Feb 07, 2019

On January 15, 2019, Judge Jesse Furman, a federal district court judge in New York, issued a 277-page opinion overruling the decision of the Secretary of Commerce, Wilbur Ross, to add a citizenship question to the 2020 census. The decision followed a five-month discovery process, an eight-day trial, extensive post-trial briefing, and closing arguments. Based upon the evidence before him, Judge Furman concluded that Secretary Ross violated both the law and the public trust.

Unfortunately given today’s constantly cascading news cycles, the decision itself and the story of how Secretary Ross’ decision came to be made and its implications for the 2020 census were largely lost on the public. However, as told by Judge Furman’s own extensive findings of fact and law, the story deserves much greater attention as it demonstrates how the public interest can be potentially subverted by efforts founded on political goals rather than good government.

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The Constitution mandates that an “actual Enumeration” be conducted “every . . . ten Years, in such Manner as [Congress] shall by Law direct,” an effort now commonly known as the census, or, more precisely, the decennial census. (Art. I, § 2, cl. 3.) By its terms, every ten years the federal government must endeavor to count every single person residing in the United States, whether citizen or non-citizen, whether living here with legal status or without.

The original purpose of this “Enumeration” was to apportion congressional representatives among the states “according to their respective Numbers.” Today, however, its impact is far greater. Among other things, the census count affects the allocation of electors to the Electoral College, the division of congressional electoral districts within each State, and the apportionment of state and local legislative seats. The census results also directly control the distribution of hundreds of billions of dollars of federal funding each year to both States and localities. It is for all of these reasons that the census has been described by Congress itself as “one of the most critical constitutional functions our Federal Government performs.”

Congress has assigned its constitutional duty to conduct the census to the Secretary of Commerce and the Census Bureau, today a part of the Commerce Department. The Secretary’s fundamental obligation is to obtain a total-population count that is as accurate as possible, consistent with the Constitution and the law. The Bureau conducts the required enumeration principally by sending a short form questionnaire to every household.

The questions posed on the short form census have ebbed and flowed since the first census in 1790 asked each household about “the sexes and colours of free persons,” as well the age of each resident. Most relevant here, a question regarding citizenship appeared for the first time on the fourth census in 1820, when Congress directed enumerators to tally the number of “Foreigners not naturalized.” With one unexplained exception (the 1840 census), a question about citizenship status or birthplace appeared on every census thereafter through 1950.

That changed in the 1960 census. That year, only five questions were posed to all respondents, concerning the respondent’s relationship to the head of household, sex, color or race, marital status, and month and year of birth. In a review of that census several years later, the Census Bureau explained the decision not to ask all respondents about citizenship as follows: “It was felt that general census information on citizenship had become of less importance compared with other possible questions to be included in the census.”

Beginning in 1960, the decennial census questionnaire sent to every household has not included any question related to citizenship status. In both Republican and Democratic administrations, the Census Bureau has vigorously opposed adding any such question because of its concern that doing so would depress response rates, including those of non-citizens and immigrants, thereby undermining the accuracy of the headcount. The Bureau concluded that questions designed “to ascertain citizenship will inevitably jeopardize the overall accuracy of the population count” because such questions “are particularly sensitive in minority communities and would inevitably trigger hostility, resentment and refusal to cooperate.” Census Bureau directors appointed by presidents of both political parties have agreed. (See Endnote 1.)

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In March 2018, Secretary Ross announced that he had decided to add a citizenship question to the 2020 census short questionnaire. In a memorandum announcing this decision, Secretary Ross stated that he only “began” considering adding a citizenship question after receiving a letter from the Department of Justice, dated December 12, 2017, requesting citizenship data from the census in order to enforce the Voting Rights Act (VRA). The Secretary reiterated in subsequent congressional testimony that the citizenship question on the 2020 short form census “is necessary to provide complete and accurate data in response to the DOJ request.” And the Secretary also stated that he was “not aware” of any discussions between himself and any White House officials about the citizenship question.

Eight days after Secretary Ross’s March 26, 2018 memorandum announcing his decision, a case challenging the decision was filed by a coalition of governmental entities, including 18 states (Maryland being one of them), the District of Columbia, and 15 cities and counties. These governmental entities all alleged that Secretary Ross’s decision to include a citizenship question violated the Administrative Procedure Act (APA). The APA “sets forth the procedures by which federal agencies are accountable to the public and their actions subject to review by the courts.” (See Endnote 2.)

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According to Judge Furman, the evidence disclosed at trial revealed that Secretary Ross’s description of the citizenship decision was “materially inaccurate.” In fact, “a very different set of events” had occurred as described in painstaking detail in his opinion.

In particular, the evidence showed that shortly after his confirmation as Secretary of Commerce, Secretary Ross discussed the addition of the citizenship question with then-White House advisor Steve Bannon, among others; that Secretary Ross wanted to add the question to the 2020 census prior to, and independent of, the DOJ’s December 12, 2017 request; that the Secretary and his political aides pursued that goal vigorously for almost a year, with no apparent interest in promoting more robust enforcement of the VRA. Then, after becoming convinced that they needed another agency to request and justify a need for the question, Secretary Ross and his political aides worked hard to generate such a request for the citizenship question from both the Department of Homeland Security and the DOJ. Frustrated at the delay in the receipt of an affirmative response from DOJ, Secretary Ross directly intervened by a phone conversation with Attorney General Sessions which resulted in the DOJ’s request for a citizenship question. In setting up the phone call, an aide to Sessions emailed Ross’ chief of staff saying that “it sounds as if we can do whatever you need us to do. The AG is eager to assist.”

Based upon trial testimony and documentary evidence, Judge Furman held “while the Court is unable to determine—based on the existing record, at least—what Secretary Ross’s real reasons for adding the citizenship question were, it does find, by a preponderance of the evidence, that promoting enforcement of the VRA was not his real reason for the decision.” (See Endnote 3.) Secretary Ross and his political aides aimed to “launder” their request through another agency—that is, to obtain cover for a decision that they had already made—and the reasons underlying any request from another agency were “secondary, if not irrelevant.”

The trial record also revealed that Secretary Ross’s decision had been made in contravention of the Census Bureau’s long-held opposition to such a question, which continued. Following the receipt of the DOJ letter, the Census Bureau, including the Bureau’s Chief Scientist, concluded that adding the question would “harm the quality of the census count” by “reducing the self-response rate,” thereby increasing the Bureau’s costs and harming the overall data and integrity of the census.

Judge Furman concluded that the evidence in the trial record “overwhelmingly” supported the conclusion that the addition of a citizenship question to the 2020 census would cause a significant net differential decline in self-response rates among households with at least one non-citizen and that the Bureau’s follow-up procedures aimed at non-responding households would fail to cure that decline. More specifically, he found that the addition of a citizenship question to the 2020 census would cause an incremental net differential decline in self-responses among non-citizen households of at least 5.8%. He further opined that that estimate is “conservative and that the net differential decline could be much higher.” The implementation of the Bureau’s follow-up procedures for non-responding households would simply replicate all of the same effects on non-citizen response that will cause the decline in self-response in the first place.

On the merits, Judge Furman determined that Secretary Ross had violated the APA in multiple independent ways—“a veritable smorgasbord of classic, clear-cut APA violations.” Secretary Ross’s decision to add a citizenship question was “arbitrary and capricious” on its own terms. He failed to consider several important aspects of the problem; alternately ignored, cherry-picked, or badly misconstrued the evidence in the record before him; acted irrationally both in light of that evidence and his own stated decisional criteria; and failed to justify significant departures from past policies and practices. Finally, the evidence establishes that Secretary Ross’s stated rationale—to promote VRA enforcement—was just a pretext. In other words, that he announced his decision in a manner that concealed its true basis rather than explaining it, as the APA required him to do.

As further described by Judge Furman, “these violations are no mere trifles.” The fair and orderly administration of the census is one of the Secretary of Commerce’s most important duties, and it is critical that the public have “confidence in the integrity of the process.” (See Endnote 4.)

It should also be noted that four former Census Bureau Directors opposed the addition of a citizenship question. They and two other former Directors wrote to Secretary Ross to express “deep concern” about the addition of such a question. In addition, five of the six former Directors filed an amicus brief in support of Plaintiffs in these cases and the sixth, John Thompson, testified as an expert witness on Plaintiffs’ behalf.

The current professionals in the Census Bureau also concluded that the DOJ’s stated interest in having more granular citizenship data could be satisfied in a less costly, more effective and less harmful manner. The evidence reveals that at the express direction of Attorney General Sessions, DOJ deliberately (and unusually) refused to meet with representatives of the Census Bureau to discuss the Census Bureau’s conclusion.

Appeals from Judge Furman’s decision by the Department of Justice have already been made to both the Second Circuit Court of Appeals and to the Supreme Court. In fact, the Solicitor General has urged the Supreme Court to resolve the appeal prior to any judgment of the Second Circuit, which would ordinarily rule before the Supreme Court. As a result, although the opinion of Judge Furman is an important chapter in this significant dispute, it is obviously not yet likely the last chapter. These appeals to Judge Furman’s decision against including a citizenship question will need to be resolved soon as the 2020 census is now less than a year away.


Endnotes:


  1. The Bureau has recently requested citizenship information through other means besides the decennial census questionnaire. However, such requests have gone to a limited number of individuals and thus have not raised the same concerns as does adding a citizenship question to the decennial census. Until 2000, the Bureau requested such information through a “long-form” census questionnaire—a list of questions sent each decade to just one of every six households. In 2005, the Bureau replaced the long-form questionnaire with the American Community Survey (ACS), which contains more than forty-five questions and is sent annually to only one of every thirty-six households.
  2. Challenges to Secretary Ross’ decision also have been brought in four other cases in federal district courts in California and Maryland. Bench trials are ongoing in all four cases as this is being written.
  3. The DOJ vigorously opposed Judge’s Furman’s order allowing a deposition of Secretary Ross up to the Supreme Court which suspended the deposition until after briefs and oral argument on the issue. In light of the opinion of Judge Furman on the merits, the issue involving the deposition became moot.
  4. Although not directly relevant to Judge Furman’s ultimate opinion, it is worthy to note the unusual extent to which the Department of Justice endeavored to prevent or delay a decision on the merits of this issue. As Judge Furman noted, the defendants “tried mightily” to avoid a ruling. They asserted a slew of unsuccessful jurisdictional arguments, raised multiple challenges to this Court’s decisions authorizing discovery beyond the administrative record and tried no fewer than fourteen times to halt the proceedings altogether. Fortunately for the rule of law, these tactics failed to prevent the court from reaching the result described herein.


By Peter Heck 14 May, 2024
The 2024 Maryland General Assembly adjourned April 8, having enacted several hundred bills during its 3-month session. This article will look at some of the more significant of those new laws. Always at the top of the list in any legislative session is the state’s budget for the coming fiscal year, which begins June 1. Not surprisingly, this is a complex piece of legislation – the highlights summary provided by the state government runs to more than 200 pages. It allocates some $63 billion to a variety of state, county, and local agencies. Governor Wes Moore said he followed three guidelines in constructing the budget. First was “a fiscally responsible approach” to increasing investments and making necessary cuts. Second, he said, the administration shifted money from programs that are underperforming to those with “a proven record of success.” And third, he focused on making public investments that will help the state’s economy grow over the long term. Among the highlights are $9.1 billion for the state’s public schools, a 5.3% increase over 2024. Higher education and transportation also receive increases of about 5% over last year’s budget. The budget also includes increases in tobacco taxes and vehicle registration fees, to help avoid a projected deficit in the Blueprint for Maryland’s future, the state’s education reform bill. Personal income taxes will not be increased. The collapse of the Francis Scott Key Bridge in Baltimore after a collision from a cargo ship was a major issue in the final days of the General Assembly session. The collapse threatened a long closure of the Baltimore harbor, a major element of the state’s economy. On the final night of the session, legislators approved a bill to provide grant assistance to workers and businesses affected by the collapse. The bill also provides scholarships for dependents of the six workers killed by the collapse, as well as construction workers killed in other state projects. One of Moore’s priorities was to increase the availability and affordability of housing in the state. To that end, he supported three bills, all of which passed. One creates a state Office of Tenant and Landlord Affairs, which is charged with creating a bill of rights for tenants, to be included in all residential leases and rental agreements. It also limits the cost of security deposits to one month’s rent, and increases the cost to landlords of serving an eviction notice. The other two bills seek to make it easier for local jurisdictions to increase affordable housing, and to provide grants and loans to communities building or redeveloping housing in low-income areas. Another bill authorizes Eastern Shore counties to increase the rental rate tax on hotels, motels, and B&B operators from 5% to 6% of the room rate, beginning July 1, 2024. Given the importance of tourism in many Shore counties, this increase could be a welcome addition to the revenues of those counties. The state’s juvenile justice system was addressed in a bill increasing the number of offenses a child between the ages of 10 and 12 can be charged with, and the penalties to which the offender is liable. Offenses covered under the act include third-degree sex offenses, aggravated animal cruelty, stealing motor vehicles, and various firearms offenses [1] . The bill increases the length of probation to which juveniles can be sentenced to one year for misdemeanors and two years for felonies. The Freedom to Read Act prohibits state-funded libraries from banning books based on the origin, background, or views of the author or other creator, or because of partisan or doctrinal disapproval of the contents. Given that 2024 is a presidential election year, it should be no surprise that several bills focused on electoral matters. One prohibits threats of harm to an election official or their family members, punishable by up to three years in prison or a $2,500 fine. Two others address compensation for election judges, prohibiting their wages from being deducted from any unemployment benefits and requiring compensation and leave for county employees and public school students serving as judges. And still another new law requires social media platforms with more than one million monthly users to take “reasonable efforts to prevent, detect, and remove accounts and posts that communicate election disinformation in the State and report accounts or posts that communicate election disinformation [to] the State Board of Elections.” A comprehensive list of measures enacted by the 2024 General Assembly can be found at the WYPR website. Peter Heck is a Chestertown-based writer and editor, who spent 10 years at the Kent County News and three more with the Chestertown Spy. He is the author of 10 novels and co-author of four plays, a book reviewer for Asimov’s and Kirkus Reviews, and an incorrigible guitarist. [1] Block changed font/
By Jeanette Sherbondy 14 May, 2024
Moms are a particularly powerful way of organizing. This is not a history but a commentary on some of today’s Moms organizations that have played a role in America’s politics in different forms. Moms for Liberty caught our attention here on the Eastern Shore a couple of years ago in the elections for local boards of education. It was founded in Florida in 2021 by Tina Descovitch, Tiffany Justice, and Bridget Ziegler. Moms for Liberty claim to be “a grassroots organization dedicated to fighting for liberty and parental rights in education.” [M4L FB website, March 22.] “They promote liberty in our homes and community” according to their mission statement.  In a gesture of defiance and common sense, The Book Plate bookstore started advertising that they have been selling banned books for decades. Moms for Liberty, Worcester County, Md., also was active in the same year’s elections. Barbara Barbato, Chair, stated that “Moms for Liberty – Worcester County is dedicated to the survival of America by unifying, educating and empowering parents to defend their parental rights at all levels of government.” Two grandmothers’ organization were organized to oppose them: Grandmothers for Truth and Grandmothers for Reproductive Rights or GRR!. Grandmothers for Truth is a group of grandparents and their allies organized by People For the American Way who are “fighting for the next generation’s freedom to learn, and who are resisting authoritarian attacks on the freedom to teach the full truth about our history and culture. In partnership with allies of all ages and communities, we will defeat this generation’s book-banners, censors, and authoritarians." They are “a voice, coming from grandparents’ unique place of wisdom and love, against censorship and for the freedom to learn.” “Grandmothers for Reproductive Rights was formed to resist Moms for Liberty by women who grew up in the 50s, 60s, and early 70s when women in this country had little or no access to birth control. Abortion was illegal, and women were dying after unsafe abortions. Their vision is ‘a world where all people have access to comprehensive sexual and reproductive health care, including abortion. A world where all can exercise their human right to maintain personal bodily autonomy, have children, not have children, and parent the children they do have in safe and sustainable communities”. A larger and older group is Moms Rising that is a merger of two separate organizations, MomsRising Together, a social welfare organization, and MomsRising Education fund in 2006. It was founded by Kristin Rowe-Finkbeiner, an American author, speaker, and radio-host and by Joan Blades. This organization has broad interests and could be described as progressive or liberal while actually stating that they are conserving American values that are far from those of Moms for Liberty: “We take on the most critical issues facing women, mothers, and families by educating the public and mobilizing massive grassroots actions to: Bring the voices and real world experiences of women and mothers straight to our local, state, and nation's leaders; Amplify women's voices and policy issues in the national dialogue & in the media across all platforms (from print, to radio, to blogs, social media, and more); Accelerate grassroots impact on Capitol Hill and at state capitols across the country; Hold corporations accountable for fair treatment of women and mothers and for ensuring the safety of their products. Shauna Shames , Associate Professor of Political Science at Rutgers University, wrote in Conversation : “MomsRising combines the best of American innovation and ingenuity. We are a transformative on-the-ground and online multicultural organization of more than a million members and over a hundred aligned organizations working to increase family economic security, to end discrimination against women and mothers, and to build a nation where both businesses and families can thrive. “Although Moms Rising never interferes in elections, it works to support or oppose proposed legislation on the federal level and has a political effect throughout the year. It’s reassuring that several Moms and Grandmoms groups formed in opposition to Moms for Liberty and equally, that Moms Rising was formed to opposed the liberty-minded individuals. In this context, 'liberty' tends to describe a struggle for liberty for themselves but not for others and 'freedom' represents a struggle for the rights of all, and formally recognized by governments. Politically these groups are at loggerheads. Professor Shames continues: “Others see them as well-organized , publicity-savvy anti-government conspiracists . By 'parental rights' they mean limiting certain content in schools and having local councils and boards run only by ' liberty-minded individuals ' — which sounds like rhetoric from the American Revolution. There’s historical precedent in this. Change the clothes and hairdos and these ladies could look like the conservative white women who opposed busing in 1970s Boston , supported McCarthy anti-communism or blocked integration in Southern schools . Those women also formed mom-based groups to protest what they saw as government overreach into their families’ way of life. “But as a scholar of American politics with a focus on gender and race, I also see differences. Moms for Liberty skillfully leverages social media, drawing on a population activated by the 2009-2010 rise of the Tea Party followed by the Trumpian MAGA movement . Mask mandates were the trigger for the group’s formation, but opposition to gender fluidity and queerness has become its bread and butter — more 21st century than 20th. “How racial equality is talked about animates its work also, in a distinctly new way. The conservative position on race and government’s role in the past century has pivoted from enforcement of segregation and hierarchy to a kind of social “ laissez-faire ” — hands off — position to match the Reaganite view that government is bad. “The extreme, hyper-male form of this anti-government, pro-traditional gender-roles ideology took shape as the Proud Boys , a number of whose leaders are now under indictment and sentence for their part in the Jan. 6 Capitol attacks. Moms for Liberty, while not going this far, shares similar beliefs and apparently has ties to the Proud Boys organization and leaders . They don’t march with guns, but their actions undermine and impede local government. “Moms for Liberty soon found success with disruptive tactics a VICE News investigation called a ' pattern of harassment' of opponents that include online and in-person targeting of school board members, parents or even students who disagree with the group. “Members in many chapters generate ill will by turning up to school board and other meetings — sometimes to the homes of public officials or teachers — yelling insults like ' pedophile ' and ' groomer ' at opponents. “For a newcomer, Moms for Liberty has had real victories. It has disrupted countless meetings , forcing local governance bodies to focus on topics important to the group such as lifting mask mandates and, more recently, removing curricular content that they deem controversial, such as texts on gender identity and racial oppression. “The group’s success in getting talked about is perhaps its greatest strength so far, moving it from outside disruptor to political player, at least locally. It has successfully supported many local candidates and book bans .” She concludes: “The mom rhetoric may be real, but as a political scientist, I can say confidently that the framers of the Constitution would not endorse this brand of liberty. Book bans are weapons of autocrats, and democracy ends where political figures call each other 'pedophiles' in public.” Shames’s analysis of 21st century conservative women’s groups shows an American pattern of how conservative women may respond to rapid changes by pushing for smaller governmental control while the other Mom’s groups demonstrate a firmer foundation in democratic principles when they oppose them. Ironically these often-labeled liberal principles are also deeply conservative in the sense of keeping faith with the intentions of the founders of our nation, which of course, does not recommend destroying the government! Jeanette E. Sherbondy is a retired anthropology professor from Washington College and has lived here since 1986. In retirement she has been active with the Kent County Historical Society and Sumner Hall, one of the organizers of Legacy Day, and helped get highway /historical markers recognizing Henry Highland Garnet. She published an article on her ethnohistorical research of the free Black village, Morgnec.
By Thomas Timberman 14 May, 2024
Fifth-grade teacher Melissa Carpenter works a 10-hour day on average during the week, and her job sometimes requires her to put in hours on weekends, too. “I feel like teaching is one of those jobs where we go to work to do more work — to do work after work,” said Carpenter, who teaches at William B. Wade Elementary School in Waldorf, in Charles County. Carpenter’s long hours are far from unique among Maryland’s educators, as the state and nation grapple with a teacher shortage. The U.S. Department of Education keeps a Teacher Shortage Areas database — and it found that for the current school year, Maryland was short of teachers in 28 subjects, which the state defines as “areas of certification.” That’s up from 17 five years earlier. Some teacher certification areas — such as English as a second language, health science and special education — are short on teachers from pre-K through the 12th grade. The Blueprint for Maryland’s Future – a landmark state law reforming public education — aims to fix that problem by “elevating the stature of the teaching profession” through higher pay, better training and stronger recruitment efforts. However, experts and educators have mixed views about whether that will successfully address the root causes of the shortage. “Money is a huge help, but it's not everything,” said Simon Birenbaum, director of grading, assessment and scheduling at Baltimore City Public Schools. “Human capital is the biggest issue, and money can help with that problem, but recruiting, training and retaining high-quality teachers and staff has to be the primary focus. No amount of money can compensate for a lack of highly-skilled educators.” Documenting the shortage Maryland’s teacher woes follow national trends. The National Center for Education Statistics reported 86% of U.S. K-12 public schools faced challenges in hiring teachers for the current school year. Amid the shortage, the Blueprint calls for hiring an unspecified number of additional teachers to ease the workload of classroom veterans. “You hear a lot about the teacher shortage — and how are we going to implement all these Blueprint programs, which require additional staffing, when we have a teacher shortage?” asked Addie Kaufman, executive director of the Maryland Association of Secondary School Principals. Shortages stem, in part, from the fact that teachers are leaving the profession. In Prince George’s County, 1,126 teachers resigned between July 2022 and July 2023 — up from 989 the previous year, The Washington Post reported. Meanwhile, 625 resigned in Montgomery County Public Schools, up from 576 a year earlier. Dorchester County experienced the highest attrition rate in Maryland during the 2021-22 school year at 18%, according to a Department of Education report. “I used to never have people just quit in the middle of the year,” said Dorchester County Superintendent Dave Bromwell, who recently retired. “The pandemic told some people, you know what? If you're not happy, move on.” All those factors end up impacting teachers like Carpenter. She said her grade level saw an influx of students, with around 30 students in her own fifth grade class this year. “Our class sizes are growing, and we don't have the support in place to help some of our struggling learners,” she said. ‘Teaching isn’t approved’  Schools are suffering from a long-term decline in the number of people interested in becoming teachers. That decline has been ongoing since the mid-‘70s, “but it gets worse and worse and worse, year over year,” said Mike Hansen, an education policy expert at the Brookings Institution. According to the State Department of Education, 9,134 people were enrolled in teacher preparation programs in the state in 2012. That number plummeted by about half by 2017, but rose to 6,037 by 2020. Why is teaching becoming less appealing as a career? Zid Mancenido, a lecturer at the Harvard Graduate School of Education, has been studying that issue. “One of the major findings of my research has been that people are taught over time that teaching isn’t a great career,” he said in a 2022 interview on the school’s website. “There are all these tiny interactions they have over their lifetime that give them this feeling that teaching isn’t approved, that they should be aspiring to other careers that might be more prestigious or well-paid.” Amid the shortage, many schools hire less-credentialed “conditional” teachers — those who have not yet received their professional certifications. Maryland’s issuance of conditional certificates more than doubled between 2018 to 2022, a state Department of Education report said.
By Paul Kiefer, Capital News Service 14 May, 2024
Three years after state lawmakers celebrated the passage of the Maryland Police Accountability Act, the rollout of the new police oversight systems has proven slow, inconsistent and rife with disagreements about how to implement the new oversight process — challenges that frustrate critics and administrators alike. But the Maryland General Assembly has shown little appetite for revisiting the law, leaving many of the unresolved questions about the new police oversight systems in the hands of local governments. A Capital News Service investigation revealed that roughly a quarter of Maryland jurisdictions did not get their police oversight systems up and running before the July 2022 deadlines set by state lawmakers. The new oversight bodies in Baltimore City, along with Dorchester, Cecil and Kent Counties, did not meet until 2023. Even in jurisdictions that did meet the deadline, some administrators have struggled to navigate ambiguities in the law. In one county, three people who submitted misconduct complaints later had to defend themselves in court against counter-accusations that they had submitted false reports and wasted police resources. The 2021 Maryland Police Accountability Act outlined a three-tiered police oversight system that theoretically overhauled the state’s long-standing rules for police misconduct investigations and gave civilian bodies the authority to receive misconduct complaints, review police internal investigations and issue discipline. The reforms were the most prominent contribution by Maryland lawmakers to a wave of police oversight reforms nationwide in the wake of the murder of George Floyd by a Minneapolis police officer a year earlier. Maryland House Majority Leader David Moon, D-Montgomery County, was a member of the Maryland General Assembly’s police reform and accountability work group and a leading voice of support for the Police Accountability Act in 2021. He says state lawmakers generally expect local governments to be proactive in making the new police oversight systems work, though he doesn’t always endorse that approach. “If there are real issues, of course, the state can step in for clarification, but we are essentially still in the early stages of allowing the implementation to flow through local governments,” Moon said. Police Accountability Boards, or PABs, form the foundation of the new system. The boards are responsible for receiving civilian complaints and passing them to the appropriate law enforcement agency for an internal investigation. State lawmakers set an unenforced timeline for the creation of new county-level police oversight agencies: each jurisdiction, including Baltimore City, would establish a PAB by July 2022, and each PAB would release an annual report on its activities that year. But a half-dozen counties struggled to stand up their PABs and to refer complaints for investigation before that deadline, generally because of administrative barriers, a shortage of volunteers, or simply the scale of the task. Moon says that state lawmakers anticipated those setbacks, but opted to set a shorter timeline to establish the new oversight bodies rather than stalling the process on behalf of smaller jurisdictions. “We ultimately decided to force the implementation process along, even if there were delays and hiccups,” he said. In many counties, a lack of outreach and preparation meant that positions on the boards “often went to people who were already in the loop,” said Yanet Amanuel, the Director of Public Policy for the ACLU of Maryland. Those delays have come with consequences. Joshua Harris, the chair of Baltimore City’s PAB, says administrative red tape pushed back the board’s first meeting to February of last year, during which the city’s Office of Equity and Civil Rights accepted more than 300 complaints on the board’s behalf; the city did not form its ACC until July 2023. “[By the time of its first meeting], our ACC already had a backlog of cases,” Harris said. “If cases are not reviewed within a year and a day [after they are submitted], whatever the police department’s integrity bureau decides is basically final. That could mean there are problematic officers that remain on the streets.” Harris adds that the committee also continues to receive cases for review with little time to spare before the 366-day deadline, forcing them to rush their review or risk leaving the discipline to the discretion of the police department. Meanwhile, county attorneys and PAB administrators elsewhere in the state have raised concerns that the rules for reviewing police misconduct and issuing discipline are riddled with ambiguities. The Worcester County State’s Attorney’s Office’s decision to bring criminal charges against three people whose police misconduct complaints were deemed to be unfounded offers a prime example. “The law does not currently provide protections for people who file complaints,” says Amanuel of the ACLU. Worcester County has charged three people — including the first person to submit a complaint through the county’s PAB in 2022 — with filing a false report after submitting complaints about Ocean City police officers. The Ocean City District Court has yet to side with the State’s Attorney’s Office on the matter; judges dismissed all three cases, arguing that while the complaints themselves were unfounded, they did not rise to the level of criminality. “I have never seen a case where police bring a criminal charge against a person that wanted to be heard on their view of police conduct,” said Judge Richard Collins, who presided over the first trial, during his closing remarks. “I believe that it would have the effect of telling people, ‘don’t complain against the police because they might decide to make a criminal investigation of your differing opinions as to the conduct of these officers.” Messiah Burrell, a Pennsylvania resident and the second person to face charges after filing a misconduct report in Worcester County, believes his experience calls into question the value of the new oversight system itself. “I might have known what I was getting into,” he said. “I never got to talk to anyone on that [Police Accountability] Board. I only spoke with Ocean City Police.” The Worcester County State’s Attorney’s Office did not respond to inquiries about the cases. Worcester County Attorney Roscoe Leslie, however, identified other glaring ambiguities in the Maryland Police Accountability Act, including the definition of “police misconduct” itself. The law defines misconduct as “depriving persons of rights protected by the Constitution, violation of criminal statute and violation of law enforcement agency standards or policies.” “The way that it’s written leaves it open to the interpretation that you need all three – depriving persons of constitutional rights, violating criminal statutes and violating agency policy – to constitute misconduct,” Leslie argues. “I haven’t taken that interpretation, but it’s still possible.” The Prince George’s County PAB raised similar concerns, and the Maryland Attorney General’s office stepped in last April to clarify that counties should use the broader definition of police misconduct. Lawmakers in Annapolis considered one proposed change to the new police oversight system this year: a bill introduced by Baltimore delegate Malcolm Ruff (D-41) that would have granted the boards subpoena powers to conduct investigations concurrently with law enforcement agencies’ internal reviews. Jim Gormley, a former member of Howard County’s PAB and a founder of the Howard County Police Accountability Task Force, argues that granting subpoena power would encourage boards to take a more active role in police oversight. At the moment, he said, most boards serve as a “mail box,” in part because of uncertainty about the extent of their role in recommending reforms. “The state law says the PABs should work to ‘improve matters of policing,’” Gormley said. “What does working to improve policing actually mean? It doesn't mean nothing, but until we have a statutory mandate to take an active role, we're going to have a lack of clarity, lack of energy, and lack of drive towards accountability.” Law enforcement advocates, however, countered that the ACCs already have subpoena power — whether or not they use it — and that adding another investigative step would over-complicate an already convoluted process. “Across the state, we're talking about hundreds of cases,” Maryland Fraternal Order of Police President Clyde Boatwright told the Maryland House Judiciary Committee. “We still have found the one case that says the internal investigation should have been done differently. How many bites on the apple do we need to have?” Ruff’s bill ultimately failed to advance beyond the state’s Judiciary Committee, ending consideration of changes to Maryland’s police accountability system this year. Without an appetite in the General Assembly for revisiting the Maryland Police Accountability Act — or, in some counties, confidence to expand upon the state law independent of the General Assembly — Howard County’s Gormley says that those seeking to improve the new system are “a little bit stuck.” But Moon maintains that state lawmakers designed the Maryland Police Accountability Act to leave much of the decision-making to the state’s 23 counties and Baltimore City. During the drafting of the bill, “I think everybody accepted that a lot of the decisions would be made locally,” Moon said. “We were standing up a framework, and local governments would have to fill in the gaps.” Tommy Tucker contributed to this report. Capital News Service is a student-powered news organization run by the University of Maryland Philip Merrill College of Journalism. For 26 years, they have provided deeply reported, award-winning coverage of issues of import to Marylanders. 
By George Shivers 14 May, 2024
It is especially apparent in the summer time why the Eastern Shore is often called “the Land of Pleasant Living.” Summer brings festivals and other special events throughout the nine counties of the Shore. It’s a time when people of all ages can have fun together. In this article. I will focus on the period from Memorial Day weekend through June 30. The Chestertown Tea Party takes place from Friday, May 24 through Sunday, May 26. It celebrates the tradition of Chestertown’s expression of solidarity with fellow patriots in Boston. The festivities begin on Friday evening 5pm-9pm with an old-fashioned block party at Wilmer Park on the waterfront. On Saturday morning at 10 am, there is a colonial parade on High St. in downtown Chestertown and at 2 pm a reenactment of the original event. Throughout the day there are food and craft vendors, music and activities for children. On Sunday, May 26 the Festival continues with a Beer Fest, live music, food and craft vendors in Wilmer Park. At 2:30 visitors will enjoy the annual Raft Race, a race of rafts made of non-nautical materials. Come and have a laugh! A Memorial Day Parade takes place on Flower St. in Berlin, Worcester County on May 27 from 11 am until noon. Also on May 26 from 12-4 pm in nearby Rock Hall there is “Porch Fest”, designed to bring local musicians and neighborhoods together. The music is all free! Then on Monday, May 27 at 10 am you may end your Memorial Day celebration with Chestertown’s annual Memorial Day Parade on High St, downtown. The Heart of Crisfield Festival in Somerset County is scheduled for May 25 in the Crisfield Arts and Entertainment District. There will be music, art, food and drinks at multiple locations throughout the day. On May 26 from noon until 4 pm at the Crisfield City Dock, attend the 32nd Annual Softshell Festival and Waterman’s Hall of Fame. The event features soft-shell crabs and crab cakes, music by the Going Coastal Band as well as local artisans and vendors. Other Kent County events in early June are the Antique Airplane Fly-In at Massey Aerodrome on Saturday, June 1, 10 am – 2 pm , Maryland Line Rd., Massey. On the same day at the Rock Hall Marina at 8 am there is the Rock Hall Triathlon beginning at 8 am. On June 7 – 9 fishermen may want to enjoy the Guardian of the Pearl Rock Fish Tournament at the Rock Hall Bulkhead. June 1 marks the second annual Janes Island Paddlefest at the Janes Island State Park in Crisfield. The event begins at 7:30 am. Events include guided paddles, a poker run paddle, a campfire on the water, food, music, pontoon boat rides, a coastal clean-up, as well as children’s activities and nature crafts. Chestertown’s National Music Festival begins on June 2 and continues through June 15. The concerts take place at various venues and times. Tickets are required for many events, but visitors may attend rehearsals free of charge. For a schedule, go to https://nationalmusic.us/ Thursday evening June 6 and June 13 at 7 pm from the Queen Anne’s County Dept. of Parks and Recreation sponsors “Thursdays in the Park.” On June 6th, Kiti Gartner & the Drifting Valentines (Western Swing, Rockabilly) perform at the Matapeake Beach Clubhouse. On June 13th the band is Philip Dutton & the Alligators / (Louisiana music from Satchmo to Chenier) at the Cascia Winery. For more classical music consider Easton’s Chesapeake Chamber Music Festival which runs from June 7 through June 15 at the historic Ebenezer Theatre on South Washington St. For a schedule of concerts and other information go to chesapeakemusic.org June 15 is also the date of Salisbury’s Eastern Shore Juneteenth celebration of the African American experience. Events are in downtown Salisbury, but no schedule available at the time of publication. Celebrate Father’s Day by attending the 36th Antique & Classic Boat Festival and Coastal Arts Fair at the Chesapeake Bay Maritime Museum in St. Michaels, Talbot County on June 14-16. The theme this year is “It’s all about fishing.” The event is sponsored by the Chesapeake Bay Chapter of the Antique & Classic Boat Society. There will be a wide-range of vessels on display. For more information and purchase of tickets go to https://cbmm.org/event/antique-classic-boat-festival-the-arts-at-navy-point/2023-06-16/ . On Saturday, June 29 Salisbury celebrates Salisbury Pride Parade and Festival, a celebration of diversity and unity. The event includes music, vendor booths, exhibits and food. For more information, go to https://www.salisburyprideparade.com/ This is by no means an exhaustive list of June events, but it does represent an exhaustive online search carried out in early May and covers the major festivals. See Common Sense in June for a listing of events covering July 1 through September 21. A native of Wicomico County, George Shivers holds a doctorate from the University of Maryland and taught in the Foreign Language Dept. of Washington College for 38 years before retiring in 2007. He is also very interested in the history and culture of the Eastern Shore, African American history in particular.
By Jane Jewell 14 May, 2024
A Biography and Appreciation
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