Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!americast.com!americast.com!americast-post Newsgroups: americast.twt.metro From: americast-post@AmeriCast.Com Organization: American Cybercasting Approved: americast-post@AmeriCast.com Subject: Ficker upset foes won't be prosecuted Date: Fri, 30 Oct 92 15:33:28 EST Message-ID: \SE B;METROPOLITAN \HD Ficker upset foes won't be prosecuted \BY Arlo Wagner \CR THE WASHINGTON TIMES Montgomery County school officials and union leaders violated the law when they used county schools to distribute a letter opposing the county tax cap proposal on next week's ballot, Maryland's state prosecutor has ruled. But State Prosecutor Stephen Montanarelli also told the tax referendum's author that his office would not recommend prosecution of what he called an isolated, inadvertent incident. "It is a very bad precedent to set," said Robin Ficker of the decision not to prosecute. Mr. Ficker is the Bethesda lawyer who collected 16,000 petition signatures to put Question A, often called the Ficker Amendment, on the ballot. The letter opposing Question A was signed by school board President Catherine E. Hobbs and the presidents of the four school unions and circulated in school newsletters and at back-to-school meetings with parents. Mr. Ficker asked Mr. Montanarelli to investigate Sept. 29 when he learned of the letters. "We have determined that the publication of this document appears to have been in violation of the Fair Election Practices Act," Mr. Montanarelli wrote to Mr. Ficker. "We have, however, also determined that we will not recommend criminal prosecution." The violation was inadvertent, "was the only action of this kind taken by them" and there was "no corrupt motive or evil intent," the prosecutor explained. The investigation by Assistant State Prosecutor Dolores O. Ridgell confirmed that Mrs. Hobbs and the union presidents had not filed as "a partisan committee" with the Board of Election Supervisors, which requires reports of donations collected and spent. Also, the letter should have contained an "authority line," listing the partisan committee and at least one officer. "Catherine Hobbs, she should know better. They [the school board] have got a big legal staff over there," Mr. Ficker said. He also said he was "somewhat disappointed" that the prosecutor's office did not learn the costs of writing and distributing the letters and who had donated. This article is copyright 1992 The Washington Times. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM