The governor of Maryland is considered one of the most constitutionally powerful in the country, but even for a new Democratic governor with a heavily Democratic legislature, there are limits to that power.
One example is a relatively obscure bill that would grant state employee unions the authority to negotiate fees they would charge nonunion employees for representing them.
The bill (SB 111) is the top priority for the American Federation of State County and Municipal Employees, whose green-shirted members have lobbied the legislature by the hundreds. The measure is opposed by its competing union, the Maryland Classified Employees Association, which would get none of the dues.
Gov. Martin O?Malley, who had strong political backing from AFSCME, made the so-called agency fee part of his legislative agenda, and even mentioned it in his Jan. 31 State of the State address.
But the bill has yet to get a hearing in the Senate Finance Committee to which it was assigned more than two months ago. It?s not clear exactly why. The House Appropriations Committee held its hearing in early February but has not moved the bill out of committee, clearly with an eye on the Senate?s inaction.
“That?s the chairman?s prerogative,” Finance Chairman Thomas Mac Middleton told The Examiner about the failure to schedule a hearing.
And why is that, Mr. Chairman?
“No comment,” said the normally loquacious Southern Marylander.
Senate President Thomas Mike Miller, who is not averse to openly giving instructions from the rostrum to the committee chairmen he appoints, implied he had no hand in the delay. “I generally allow the chairmen to manage their own committees,” Miller said.
Miller suggested he supported the dues in concept: “I think there?s a feeling that once you have collective bargaining, everyone needs to pay their fair share.”
But then he went on to list the other costs state employees getting a 2 percent pay hike are absorbing this year, including higher health insurance and increased pension deductions.
But isn?t it unusual for a bill introduced by the Senate president at the request of the administration not to even get a hearing? “That is somewhat unique,” Miller conceded, “but these are unique times.”
House Appropriations members, including the vice chairman and two subcommittee chairs, were asked the status of the bill in their committee.
After looking at each other, one asked: “What?s happening in the Senate?”
Told there was still no hearing set, Del. John Bohanan, D-St. Mary?s, observed, “That?ll probably slow things down over here.”
The governor?s two lobbyists were even less forthcoming. In response to an Examiner reporter?s question, Chief Legislative Officer Joseph Bryce asked what Middleton had to say.
“It appears the Senate is not inclined to look at it this year,” admitted Sue Esty, AFSCME?s interim executive director and chief lobbyist.
But, she said, “This session is not over till it?s over,” and a lot can happen in the final days. “We?re not giving up. Our members are actively calling legislators.”
