Local delegates fight for a say in Montgomery

THE BALTIMORE SUN

Two Howard County Republican legislators have found an unusual ally in what they view as a partisan fight over their voting rights -- Democratic House of Delegates Speaker Casper R. Taylor Jr.

Howard Dels. Robert L. Flanagan and Robert H. Kittleman, who represent a small portion of Montgomery County in addition to Ellicott City and western Howard, have been barred by the Democrat-dominated Montgomery County delegation from voting on that county's local bills during delegation meetings.

But in response to the controversy, the House speaker wrote a memo last week to all local delegation chairmen cautioning that rules must be "blind to party affiliations" and must "not disenfranchise any of our citizens."

Debate on the issue, which may be settled by the House Rules Committee, should start with the policy used by most delegations in instances where legislative districts cross county lines, the speaker wrote.

Traditionally, a legislator is included as a voting member of any county delegation if he or she represents constituents within that county, the memo said.

Such a policy helps "break down parochial barriers and create a more regional and statewide perspective," the memo said.

But the Montgomery delegation won't voluntarily change its decision, even though the speaker has expressed his disapproval, said Democratic Del. Kumar P. Barve, acting chairman of Montgomery's House delegation.

"We feel very strongly in the correctness of our action," Mr. Barve said. "If you look at the numbers, there's no other conclusion you can come to."

The Montgomery Democrats say the Howard Republicans represent such a small portion of Montgomery County that allowing them to vote in county delegation meetings on local matters would unfairly dilute the votes of Montgomery's 22 other delegates.

Dels. Flanagan and Kittleman, who live in Howard, represent about 5,400 Montgomery residents, while Montgomery's other delegates represent an average of 35,000 residents.

County delegations vote on whether to approve or reject bills that apply to their counties. Once a delegation approves a local bill, it often passes the legislature as a matter of courtesy.

The Montgomery delegation's 16-to-8 vote to exclude the Howard Republican delegates, who previously voted on Montgomery bills, broke along party lines.

Mr. Kittleman, the House minority whip, said the increase from four to eight Republicans in Montgomery's 24-member House delegation "is beginning to be a threat" and that it influenced the decision.

"I think it's just a knee-jerk reaction to the election" in which Republicans increased their numbers from 25 to 40 in the House, Mr. Kittleman said. "It takes people a while to settle into reality."

The 1992 legislative redistricting created a similar situation for the Howard delegation.

Two Baltimore County residents and newly elected delegates -- Democrat James E. Malone Jr. and Republican Donald E. Murphy -- will be joining the Howard delegation. Their District 12A is composed largely of southwestern Baltimore County and also includes Elkridge in Howard County.

"We're following the rule that's been historically followed throughout the state," said Mr. Flanagan, chairman of Howard's House delegation. "It makes the delegation stronger and gives broader perspective to understand the problems of adjoining jurisdictions."

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