So, that's me and this case. I wonder how many more there are out there?
ERS of Baltimore County vs Brown
https://caselaw.findlaw.com/md-court-of-special-appeals/1476585.html
"Honorable and Faithful service". I know when I retired the Chief had to certify that I had performed "Honorable and Faithful service. Serious criminal violations could and did disqualify the complainant in this case.
Yes, thank you. I read the case and it concerned a longtime police official that the MSP Superintendent testified had failed drug tests and used drugs for more than half of his career.
Quite a bit different from JHsmith, who posted here yesterday that "an arrest, or even the threat of arrest" while engaging in 2A political activity would cost him his Railroad Employees Retirement pension.
When I said I had never seen or heard of any such thing, JHsmith challenged me to agree to sign off MDS forever if he proved me wrong, and that he would self-ban from MDS if he was wrong.
I tell ya what. I'll make a small gentleman's bet. If I'm right, you leave MDS and never come back. If I'm lying to you, I'll leave and I'll never come back. DEAL? ...
...You don't believe me, you look it up. If I have to show you it will be because we made that gentleman's bet. I'm so sure of it, because it says if I'm arrested. It doesn't even say if I'm convicted. Just arrested...
In closing, stop trying to make a point when you don't know the facts. You sure have shown your true colors over the last few hours. I'm very disappointed in you.
Wanna take that bet Jeff?
I modified the bet in Jim's favor: I said, yes, I would exit MDS for good if Jim could show me pension language stating "an arrest, or even the threat of an arrest" would cost him his pension, but that if Jim were mistaken, he didn't have to self-ban, just help out on one Patriot Picket event.
As it turns out, Fabsroman got interested in the "bet" and dug up the Railroad Retirement pension paperwork himself and sent it to me within a couple of minutes of JHsmith sending me the exact same pension paperwork. Here is is:
This is the what I could find at this hour.
https://rrb.gov/sites/default/files/2017-06/FOM1_150.pdf
I'll try to find a less lawyereze explanation later today.
Fabs is a lawyer. He likes Jim more than he likes me, no problem. Fabs said there is no language in that pension paperwork that would cause Jim to lose his pension just by being arrested or being threatened with arrest. The paperwork shows Jim would have to be convicted of a SERIOUS crime and spend a long stretch in prison to lose some, or all, of a Railroad Employees Pension. I'm not a lawyer, but Fabs is.
But that wasn't the bet that JHsmith advanced. The bet was that just "an arrest" alone would strip him of his retirement.
So there you have it. JHsmith is staying put, and he is free to be politically active. Congrats!