Fraternal Order of Police, Montgomery County Lodge 35 v. Montgomery County

“Proximity to power deludes some into thinking they wield it,” observed the character Francis Underwood, portrayed by Kevin Spacey, in the U.S.-version of the television series “House of Cards.” Petitioner here, the Fraternal Order of the Police, Montgomery County Lodge 35 (“FOP”), fell under such a spell in maintaining this litigation. The Police Labor Relations Act (“PLRA”) of the Montgomery County Code grants the FOP a proximity to power in requiring the County Executive to negotiate certain employee benefits with a representative of the FOP. Despite this proximity, the FOP lacks actual…