HPRB July 29, 2019 Meeting Thread

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  • CypherPunk

    Opinions Are My Own
    Apr 6, 2012
    3,907
    I asked why all 5 members are not invited
    Got a lame answer about summertime, being busy, and large backlog. That didn't seem to bother the previous board. They had offered to do more cases, but MSP said no.


    How does the MSP control the HPRB?

    The same way the Asst AG controls the MSP and Gov. Hogan?


    Sent from my iPhone using Tapatalk Pro
     

    Hattie

    Active Member
    Sep 18, 2012
    179
    I asked why all 5 members are not invited
    Got a lame answer about summertime, being busy, and large backlog. That didn't seem to bother the previous board. They had offered to do more cases, but MSP said no.

    If there is coordination regarding which members will/will not attend, when and how is it being done? Because it seems like it should be done in the open meeting itself, not in some kind of backroom deal off the record.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    28,271
    Cuba on the Chesapeake
    If there is coordination regarding which members will/will not attend, when and how is it being done? Because it seems like it should be done in the open meeting itself, not in some kind of backroom deal off the record.

    I rode up in the elevator with a member and he advised that the Judge sent out a schedule of meetings that they were to attend.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,424
    Underground Bunker
    I ask a dumb question , why 3 out of 5 board members . Is it about control of the agenda , easier to rein in 3 members then 5 ??? The judge is gaming all of us make no mistake about that .
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    Applicant up. A/C business reason 1. Reason 2 was that he was shot at. Hit the van. Happened in Frederick. First responders took awhile to arrive and he had to wait in the street.
    MSP said applied as victim of shooting and business. MSP said a projectile hit the vehicle. I guess they don't want to mention it was a gun. MSP thinks juveniles using a BB or pellet gun. Not contact with anyone seeking to do him harm. Not sufficient threat. (My words)

    .
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    Board member talking about MSP about disseminating information to other LE agencies. Says they have been notified.
    Motion to change permit. Motion to remove restrictions. This is a new development. MSP says restrictions for doing business, Paros wants that to be as long as he owns the business.
    MSP prevails. So much for Paros's opinion.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    New applicant. Swearing in attorney as well. This is not SOP in the court of law.
    Represented by a fine lawyer, Mr Ed. Hershon.
    Applicant manages real estate properties. Works no traditional hours. Performs site visits during all hours of the day. Often is the only contact to a tenant. Soft spoken, can't hear.
     

    Deep Lurker

    Ultimate Member
    Patriot Picket
    Mar 22, 2019
    2,365
    Where is it in Smalkin’s prerogative to tell other Board members, all of whom are independently appointed by the Governor, to NOT APPEAR to fulfill their citizen oversight duties on behalf of the law-abiding citizens of Maryland?

    Where is it in Smalkin’s prerogative to “stet” cases brought before the HPRB?

    When will Smalkin agree to abide by the HPRB and Open Meetings Act law?

    When will the other four Board members check in their trousers for their balls and in their wallets for their man cards?

    Is it not past time for the other four Board members to tell Brigadier Judge Smalkin that they don’t take their HPRB attendance orders from him?
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    Applicant has vacant properties in inventory. Sometimes 1 to 2 units vacant. Most ate foreclosures. Sometimes gets called to vacant properties to do work. Most properties are in Baltimore county. Said he knows about realtor being killed and is worried about threats. Applicant when not on clock, is still conducting business. Considers restrictions vague. Does not have a uniform or marked truck. People do know he is a property manager. Concerned about police officer no knowing. If exercise fifth, would be concerned about going to jail, hiring an attorney, and losing your job. Can only use firearm when life is threatened, but not property and money.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    MSP. Bla bla bla. Verified business and provided a permit with new restrictions. No examples of specific threats given.

    Cross by Esquire Ed. No "conducting business" defined in COMAR and law.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    MSP understands what business is.

    Attorney asking how restrictions ate determined. Did meet G and S.

    Some confusing issues about purpose of permit - protection of life.

    Permit based on My MSP SOP.

    Language on permit is not in SOP. SOP created by MSP. SOP not reviewed by public. No legislative input. Not iaw with law process.

    MSP did make determination based on a criteria - application and licensed real estate agent.

    Where in statute is a business restricted listed. Not in COMAR or law. Missed a couple of things.
     

    Hattie

    Active Member
    Sep 18, 2012
    179
    Where is it in Smalkin’s prerogative to tell other Board members, all of whom are independently appointed by the Governor, to NOT APPEAR to fulfill their citizen oversight duties on behalf of the law-abiding citizens of Maryland?

    Where is it in Smalkin’s prerogative to “stet” cases brought before the HPRB?

    When will Smalkin agree to abide by the HPRB and Open Meetings Act law?

    When will the other four Board members check in their trousers for their balls and in their wallets for their man cards?

    Is it not past time for the other four Board members to tell Brigadier Judge Smalkin that they don’t take their HPRB attendance orders from him?

    Board procedures, including any rules providing for the Chair to control attendance by members would properly be the subject of rules proposed, discussed in an open meeting.

    What is being referred to as "stet" seems functionally a continuance to allow the parties to take additional steps like exchange of information. This seems something within the inherent power of the Board, but for good order should be governed by published rules adopted in an open meeting.

    It is quite surprising that Board members, appointed to a personal duty by the Governor and having personally taken an oath to perform that duty, should now blithely be acceding to the dictates of the Chair, particularly without having participated in the adoption of appropriate procedural rules.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    Statute says may impose. How does the statute get applied. 5-307b guidance from who? Guidance or no guidance. (No answer).

    Does MSP believe he could be at risk beyond his work activities?
    MSP "anything is possible"

    Deadly force to protect life. Purpose of permit to protect life. Why is a Maryland citizen only allowed to protect life while conducting business?
    Does applicant stop being at risk?
    MSP says does not know if anyone has ever been arrested for outside of permit.
    Advisory issued by intelligence center.
     

    Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    Board member blowing off case. Said time place and manner restrictions are ok.

    Attorney says board can overturn. Board says oath to uphold law, so can't do.

    MSP was supposed to be reviewed in 2016.
     

    Hattie

    Active Member
    Sep 18, 2012
    179
    "Reasonable" time, place and manner restrictions, not arbitrary and capricious restrictions imposed with no coherent standard or individualized findings.

    The Board's review is plenary. MSP's decision is entitled to no deference.

    "Upholding" the law does not require restrictions.
     

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