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Montgomery Council OKs contracts for domestic staff
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WASHINGTON (Map, News) - The Montgomery County Council voted Tuesday to require residents to provide written contracts for nannies, housekeepers and others who do household work, but excluded the elderly and those with disabilities from the landmark legislation.
County leaders heralded the measure as the first of its kind in the country. Bill sponsors Councilmen Marc Elrich and George Leventhal said the move is necessary to protect some of the county’s most vulnerable workers, often including immigrants.
But other council members expressed trepidation at being the first to explore this territory.
“I am concerned about the reputation of our institutions, whether we would be considered to be the nanny government of all time,” Councilman Roger Berliner said, but he announced his support for the bill, saying it “ensures that our most vulnerable workers, many of whom are women, will be protected.”
Much of the debate, though, centered on who not to protect.
The bill applies to domestic workers who work more than 20 hours each week for a period of 30 days or more, but excludes registered and licensed practical nurses, certified nurse’s aides, and family members who care for their loved ones in addition to those who care for the elderly and disabled who do not work for an agency.
Councilman Phil Andrews successfully amended the measure to exclude those who care for the elderly and disabled, citing fears that the original bill would make it even harder to coordinate in-home care for those groups.
County Executive Ike Leggett’s spokesman Patrick Lacefield said Leggett would sign the bill into law.
The new policy, however, is not scheduled to take effect for six months.
The County’s Office of Consumer Protection is charged with creating model contracts, which will be available at its office and online, and doing public outreach to notify residents of the new policy.
Complaints also will be handled by the Office of Consumer Protection, which can fine people up to $1,000 for violation of the law.
Employers are required to offer contracts. Employees may decline, but must sign waivers.
The measure also requires employers to provide a separate bedroom with a locked door and reasonable access to kitchen, bathroom and laundry facilities for domestic employees who live where they work.
kmiller@dcexaminer.com
Comments from Examiner Readers
10:40 PM MST on Sun., Sep. 14, 2008 re: "MontCo referendum seen as guide to nixing transgender laws in U.S."
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Maryanne A. Arnow said:
Just good for the general public to know: I am still waiting to hear the opposition's response to the evidence that the petition gatherers in this case had resorted to every possible unethical tactic that could be used. I witnessed petition gatherers telling members of the public that there had been no public hearings on this matter. There were. I testified at them alongside of one of the opposition leaders - a woman i have a civil dialogue with, even though we disagree strongly - Dr. Ruth Jacobs. I witnessed opposition members telling voters that the county council intentionally underpublicized these hearings so that they could "slip one right under the noses of the county residents" Well - let's see - between the fully packed public county council hearings, lots of local media coverage including the gazette, the exmainer, the sentinel, and newschannels, plus a full page Sunday Washington Post Article that i was interviewed for, i'd say that could not possibly qualify.
2 agree | 1 disagree
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Examiner Reader said:
You can only push a person so far. If the conservative christian totalitarians continue their fear tactics I feel we should vote on putting an end to them. My wife falls into the identity issue and has in the past been assaulted by these christians. I am not alone in my feelings on this matter. I just don't want to end up becoming violent towards these so called christians, but if pushed too far I just may.
3 agree | 1 disagree
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Examiner Reader said:
I can't imagine how difficult it must be to have the courage to be transgender.I think they should be respected for their intended gender.I a 46 yr old female and would not mind sharing a restroom or locker room with a transgender.
4 agree | 1 disagree
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Jason in MN said:
As someone else pointed out, if someone wants to go into a public bathroom and assault someone, they can do that now. As usual with those who oppose GLBT rights, they use scare tactics that sadly work on people without critical thinking skills. For example, the prayer, “May efforts to impose sexual identity confusion upon our children through law fail at the federal, state and local levels.” makes no sense. How does protecting transgender people from discrimination, job loss, housing refusal, etc. impose anything on our children? They make these ridiculous claims and some of their followers believe it without giving it any actual thought. Children are not taught to be transgendered any more that they are taught to have green eyes. FOF and similar groups should stop wasting money opposing GLBT rights and use it to help the poor and needy in our world as Jesus directs us to do.
8 agree | 3 disagree
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Examiner Reader said:
It’s really sad. Focus on the Family has made positive contributions to the nation in many ways. But in the area of individual rights, they are acting as just like any other anti-Christian, hate organization.
3 agree | 3 disagree
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Examiner Reader said:
I think there should be a law against the religious right zealots who are trying to recruit my children into their like minded "establishments" they call churches! That brain washing BS they call religion scares me more than the thought that someone using the bathroom may not have the same "plumbing" as me! We have actually had people who try to recruit us into their churches, we have never had someone try to recruit us to a different gender. Their fear and ignorance, and possible power is what should be repealed!
10 agree | 3 disagree
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Examiner Reader said:
We are just people. People who pee. As long as I can remember. Please stop the hate.
7 agree | 2 disagree
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Examiner Reader said:
When I use the women's room, I look like every other woman using it. Unless you strip search me (until I can afford the final surgery) you will not see any difference. The same is true for transsexual men. In the mens room, you will see no difference. We are not trying to get into the wrong restroom, just the one that is right for the bodies we are re-building to make them right with who and what we are, inside, where it counts. Would you rather I use the mens room? Besides the possibility I may face violence and rape, I scared the men out the last time I went in. I am a woman, and look, act, and talk like one. Would you ask a transsexual man to use the womans room? He was born female, but many have beards, look, act and talk like men! Deny our GOD given right to be who we are inside, where it counts, and you WILL have men in the womens room - Women that have become men to match the inside man to the outside body. Jesus preached tolerance, but conservatives want none.
12 agree | 3 disagree
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Examiner Reader said:
Yuck. Prejudiced (scared) bigoted people (who use the bible as a sword) are ridiculous. Supports of such a repeal are hatemongers and have nothing in common with Christ or the values he taught. I hate to break it to you, but God does not have a luxury suite waiting for you in heaven because you discriminated against those you fear and don't understand. These people aren't a threat to you, but you are to them. Repent (not repeal), before it is too late!
11 agree | 2 disagree
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Jeri N DC said:
n CA, the courts rule that all deserve the right to marriage. in MD, elected officials pass legislation to end discrimination. in both cases, "moral" opposition seeks to overturn and reverse progress to realize equal rights with a voter referendum. this is a no brainer, the strategy is obvious...having failed to support their position with reasoned argument, they are counting on the prejudice, ignorance, and bigotry that exists within our society to carry the day by the sheer weight of numbers. minorities are being oppressed...the majority will vote in their favor. the task at hand is simple but daunting - we must convince the majority to embrace basic American values. freedom and equality are meant for all Americans. discrimination against one is discrimination against all. our fathers and forefathers fought and died for these principles. will this generation of Americans finally find the courage to live by them? time will tell...
6 agree | 3 disagree
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Jason Storm said:
The law says nothing about bathrooms. It simply says that trans people cannot be discriminated against re employment, and in buying or renting non-owner occupied housing. There are trans people, they do use public restrooms. What do these bigots behind the referendum want - to put trans people behind so wall, or in concentration camps? And this is all being led by some churches, no less. Great country we live in, isn't it? Are we, to use another commenter's idea, becoming another monstrosity like some of the Arab states. And if we are, just wait until the shoe is on the other foot, and women can't leave the home without a male escort, and women who get raped are whipped - it must have been their fault, while the perpetrator goes free. Vote against this referendum, and those who would turn our conservative mainstream religions into a Christian Taliban church of hate.
12 agree | 2 disagree
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Steve Kay said:
Those trying to use hatred and fear against a minority to disenfranchise them, in the name of God, are the true abomination. The people who are supporting them are the same people who believe in Satan, the Devil, and all kinds of superstitions. The people driving this agenda are little different then those who gave us slavery, segregation, opposed women voting, supported bans on inter-racial marriage, etc. etc. Hate and fear are their only currency, for that is all they have to offer. In the name of God and Jesus, no less. And all done because they can see the handwriting on the wall that gay people are becoming accepted in our society by so many, so they need a new victim. Just as Hitler needed a victim to rally up the people with hatred to consolidate power, the Jews. And those pushing this referendum would find much comfort, and similar ideas in Saudia Arabia, who gave us 9/11
10 agree | 2 disagree
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Examiner Reader said:
Problem is, no one has pointed out a flaw in their thinking. If trans folk were not allowed to use the restroom that coincides with their appearance, then that means they'll have to use one that coincides with their birth sex. This means a woman, who has transitioned into a man (transman) would have to use the women's restroom. I don't know too many people who would be comfortable seeing a man walk into the ladies room, especially if they are following someone's female relative. I can see husbands and fathers running into a ladies room to confront someone who looks like a man, resulting in physical altercations. This opens the door for men born men to use the ladies room, and all they need do is say, I was born female, and the law requires me to use this restroom. People need to open their eyes to this possibility, which is a greater possiblity than men dressing as women to assault someone in the ladies room.
15 agree | 2 disagree
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Robin Ficker Broker Robin Realty said:
We got a 14% property tax increase this year and a 10% energy tax increase. This after the largest tax increase in state history with increases in income, sales, car and corporate taxes. Look for another huge property tax increase next year. The council exceeded the charter property tax limit this year by more money than all the other years that it had exceeded the charter property tax limit since 1990 put together. But help is on the way. Support our November ballot question which makes it more difficult for the council to exceed the charter property tax limit. Also oppose the council's charter amendment which seeks to do away with voter-aproved prohibitions against garbage duimps and trenching sewage sludge in residential zones. SAVE OUR HOMES!
9 agree | 2 disagree
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Examiner Reader said:
They obviously want a dump site in Montgomery County because Virginia won't renew their contract for taking Montgomery County's trash.
5 agree | 2 disagree
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ZoeB said:
The wording of the referendum is exactly the same, word for word, as the wording of the law. They may claim that "We are not advocating that anybody be denied a taxicab", but that is exactly what they are doing. Deliberately? Well, since there's been zero problems in other states an counties that have had legislation like this, sometimes for 30 years, then I'd have to say yes. They know this, they've been told this many times, they just ignore it.
6 agree | 2 disagree
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Robin Ficker Broker Robin Realty said:
County officials want the option to open up a new landfill in Montgomery County in a few years, just as they tried to put one at Avenel in Potomac where the golf course is years ago. And they want the option to trench sewage sludge again. Reject these attempts to ignore the will of the voters. These amendments passed overwhelmingly. Reject these efforts to repeal them.
18 agree | 2 disagree
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I still remember... said:
I still remember the days of segregation, when the EXACT same arguments were made about black men even using MEN'S restrooms that were sited next to restrooms used by white women. Honestly, this tactic isn't about being transgender as much as it is about the systematic presentation of ALL people born with a penis as being out of control sex crazed maniacs who would rape anything they saw if it weren't for being segregated from decent, innocent females and children. What is absolutely ludicrous about these kinds of claims is the notion that men who would dress up as women to lay in wait to harass and RAPE women and kids are waiting until a law passes allowing them to go into women's restrooms by claiming to be transgendered... yeah, predatory rapists are all really cognizant of the law like that, and have been holding off for years awaiting this kind of legislation. Get real.
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Amy said:
“They make it sound like we are trying to deny these individuals basic everyday rights,” said Ms. Turner Is not the ability to use a restroom a pretty basic right? As a mother of two boys, if Ms. Turner could show me a few instances from a verifiable source where "men in dresses" were breaking into a restroom harassing women and children, she might convince me of this need bar tranvestite individuals from using our restroom. Otherwise it seems like a witch-hunt. My understanding is that these people have a medical condition and as such must function in the world as directed by their doctor. This all seems very silly to me. Let these people pee.
15 agree | 2 disagree
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Why is DC getting FREE ambulance rides from MoCo? said:
Why isn't anyone reporting the free ambulance rides MD and MoCo is giving to ward 3 and 4 of DC? The MOU has been around since 95, saving DC over 2 million a year. This service is coming out of our taxes. Why hasn't Leggett stopped this fleecing of our citizens?
7 agree | 3 disagree
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Examiner Reader said:
Can you say soft billing? I thought that was on the top of the fraud list from CMS the last time I looked.
6 agree | 4 disagree
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Collections said:
I'd like to know how the county expects to collect from non-Montgomery residents. It's not worth the cost of suing non-Montgomery residents to collect. And the non-Montgomery residents won't be signing any contract when they call for service. This is just political posturing by Leggett.
5 agree | 5 disagree
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Examiner Reader said:
It is a residential area not a business district. If you can afford $2700 mortgage become a real company and get a storage spot or a business location to park your truck. If you business can not afford a business address and unit then you should close the business. It is residentially zoned. THAT IS WHY WE HAVE ZONING. SAFETY AND RESPECT FOR NEIGHBORS.
4 agree | 4 disagree
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Robin Ficker Broker Robin Realty said:
Mike Knapp just voted to raise property taxes 14%, exceedig the charter property tax limit by more than the other 3 times he voted to exceed the charter property tax limit put together. Now he wants to ban parking of work vehicles in high density neighborhoods. Another bad idea. It is tough enoug to make a living in a recession as it is. Stop this overregulation of the lives of citizens, Mr. Knapp. Start spendng your time finding waste in the budget instead.
8 agree | 9 disagree
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Robin Ficker, Broker Robin Realty said:
Enough hand wringing by spineless elected officials. If there is any member of their employers(the public) who can't find $118 million to cut in thisd budget so that we do not have to exceed the charter property tax limit for the fourth time since 1990, call me and I will give you $10. If there is any member of the public who cannot find an additional $11 million to cut so that we do not have to increase taxes on fuel oil and natural gas while gasoline is $4 a gallon, call me and I will give you $15. If shouting is what it takes to get dollars in Rockville, are we going to have to hire people with electronic bullhorns to get homeowners a break? I'm willing to call Idol winner David Cook to see if he can bring ZZ Top and all their sound equipment!
8 agree | 6 disagree
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Examiner Reader said:
Who are the other 2 Council members that left?
6 agree | 6 disagree
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Examiner Reader said:
How many Cluster meetings did she attend at a BoE member? Attendance at Ed Committee meetings?
6 agree | 5 disagree
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Examiner reader said:
Last week Valerie Ervin showed her union card, and this week she's showing the race card. Just who does she represent?
6 agree | 6 disagree
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Robin Ficker, Broker Robin Realty said:
I agree with Valerie Ervin that race is still a factor in Montgomery County--especially in foreclosures. I look at every foreclosure case in Montgomery County every week and most involve minorities. And Valerie Ervin's District has more foreclosures that any other district. So why did Valerie Ervin vote for a 14% increase in property tax bills? Why did she vote to exceed the charter property tax limit? Did she think such a huge tax increase would slow or stop foreclosures?
8 agree | 5 disagree
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Robin Ficker Broker Robin Realty said:
Help is on the way. Mark Fennel, a slow growth candidate, is running in the special election of April 15 and May 13. And, unlike Don Praisner, Mark Fennel is opposed to the largest property tax n 20 years which has been proposed by the County Executive. Mark Fennel is opposed to exceeding the charter property tax limit. Don Praisner said at the Peoples Community Church on Saturday that he would vote to exceed the charter property tax limit.
6 agree | 5 disagree
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Mark D. Fennel, County Council Candidate said:
According to this article, Berliner who proposed this package of seven bills in November, said constituent concerns were causing the council to be more, "reflective and responsive" about measures which impose a financial burden. More likely, it's the advent of a special election and my entry into the race. Because Berliner and the entire council know very well, that I will shine a White Hot Spotlight on any council action, which contributes to a lack of affordable housing, adds to an already outrageous $400 Million county deficit, or places an undue financial burden on Montgomery's struggling and shrinking Middle Class. Mark D. Fennel, Republican Candidate for County Council in the Special Election
34 agree | 32 disagree
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Examiner Reader said:
This is overdue and desperately needed. They need to move ahead with it ASAP.
114 agree | 109 disagree
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Grumpy Old Examiner Reader said:
Maybe this will keep those dang Blair students off my lawn!
141 agree | 133 disagree
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