Leggett: Disability rules need revision Leggett: Disability rules need revision

Recommendations come in advance of inspector's report on fraud in system

Several former county police officers fired for double-dipping are receiving disability retirement benefits under a system that County Executive Isiah Leggett called an "anomaly" compared to other jurisdictions in the region.

A task force commissioned by Leggett (D) released seven recommendations Monday designed to discontinue these types of payments — currently legal under county law — as well as improve the county's processes and management associated with retirement disability payouts when county employees suffer on-the-job injuries.

The task force also recommends the county:

-Create a two-tiered "disabled" qualification, in which an employee would be determined "fully disabled" or "partially disabled."

-deny benefits to employees fired for wrongdoing and

-restrict employees from being able to file for disability retirement after they retire.

"These are things we should be doing to work on a problem that has increased costs in the county," Leggett said. "It's a serious issue when you see the anomaly in where we are and where other jurisdictions are."

In fiscal 2008 the county paid out $147 million in retirement benefits for county employees. During the same time, almost $35 million was paid out for service-related disability benefits. Over the past eight years, 292 retired employees received those types of benefits, with 77.4 percent being public safety employees.

In Prince George's County 25 percent of public safety officials received the service related disability over eight years; 23 percent in Anne Arundel County, 4 percent in Howard County and 3 percent in Fairfax County, according to Montgomery County officials.

From 2005 to 2007, 73 employees retired from the county police department; 40 of those were service-connected disability retirements. The average annual service connected police disability payout was $53,937. Service-related retirements can occur before retirement age, and the benefits do not reduce future Social Security benefits and are exempt from federal income taxes.

County spokesman Patrick K. Lacefield could not characterize the number of double-dipping police officers receiving disability benefits other than to say it was "several."

The task force report comes just after a preliminary report by the county's inspector general of disability issues distributed to county administrators last month. Leggett's group was assembled to study the issue last December, and was not conducted in conjunction with the Inspector General, Leggett said.

That office began its review in March after receiving allegations of possible fraud, waste or abuse, according to a statement released Monday by Inspector General Thomas J. Dagley. The review includes an analysis of retirements approved over the past three years, and the management processes used to approved the service-connected disability retirements. Dagley's final report is due in September. He is awaiting a response — due next week — from the Leggett administration before publishing the final report.

"This is a very important subject and the information that I've seen leads me to conclude that there is a serious problem in the system, particularly in the police department, which is the focus of the IG's report," said Councilman Philip M. Andrews, chairman of the council's Public Safety Committee.

Dagley declined to discuss his report before its formal release date.

"We expect a great deal from police officers as they put themselves in harm's way to keep our community safe.  We need to take good care of those who have suffered disabling injuries in the line of duty," said Police Chief J. Thomas Manger, also in a statement. "A good disability retirement system fairly compensates those who deserve it, and protects from any abuse by those who don't."

After evaluating the task force recommendations, Leggett plans to discuss the plans with union officials, who this week said they were "blindsided" by the task force's recommendations.

"Despite the official-sounding name, this ‘task force' is nothing more than the county executive's staff making recommendations to the county executive," said Jane Milne, secretary of the county's police union, said in a statement. "The county executive and the [Fraternal Order of Police] concluded retirement negotiations on November 29, 2007, with the agreed changes effective only 42 days ago.  These new issues, which are subject to collective bargaining, were not raised by the county executive at that time."

Gino Renne, president of Local 1994 MCGEO, the county's largest union, agreed.

"Any aspects of disability retirement to include criteria amounts, as far as we are concerned, to an unequivocal mandatory subject for bargaining," Renne said. "For [Leggett] to operate outside that is an unfair labor practice."

Some of the recommendations proposed by the task force could be accomplished by the county executive changing procedures; others would require changes to the county code; and some would require changes through collective bargaining with the county's employee unions.

"I question the validity of the information that was gathered by a task for that as far as I know was a secret task force," said John Sparks, president of the county's firefighters' union. "We just signed a three-year agreement with the county and are in the second month of the agreement, and they just brought it to the table. Generally the way you treat people and organizations who represent employees who put their lives on the line, you speak with them first before you issue any public press release. I find it quite upsetting … this blindsided us."

Leggett stressed that the task force recommendations are not his recommendations for action, as he will evaluate the issue — including union input — further before issuing action items for consideration.

While Dagley's report resulted from fraud allegations, Leggett said the task force is not suggesting that "anything is fraud related."

Leggett said he had received several questions regarding former county assistant police Chief John A. King, who receives service-related disability retirement benefits from the county.  King left the county force last year, and was hired as Gaithersburg police chief in June 2007.

"It's kind of shocking that I'm the poster child for the issue," King said Tuesday.

When he applied for disability as a police officer from the county, it was because of numerous injuries, including three herniated discs in his back, which made it impossible to do the work of an officer.

"I can't run, I can't stand up for a certain period," King said.

His new role in Gaithersburg is a strictly administrative job. Both his disability pension and his status as a police chief were vetted by medical and legal authorities, he said.

Even as assistant chief of Montgomery County Police, he was still expected to do the work of a police officer. Under Maryland law, police chiefs are treated differently than sworn uniformed officers, he said.

"I'm a paper pusher now," King said.

His injuries with Montgomery County occurred from wrestling a suspect and from four vehicle crashes, including twice having his cruiser struck by drivers who ran red lights.

"Every morning I go to the gym at 5 o'clock, but if I don't I wouldn't be able to walk," King said.

In advance of a joint council meeting on the issue in early September, Andrews (D-Dist. 3) of Gaithersburg is devising his own proposed legislation to handle service-related retirement disabilities. His proposals include increased accountability to ensure legitimate disability cases, effective monitoring through an independent review of medical claims and immediate action "so that abuse doesn't continue in the meantime," he said.

Staff Writer C. Benjamin Ford contributed to this report.