Judge postpones hearing in case to settle $39 million tug-of-war in Prince George’s County

The answer to the $39 million question in Prince George’s County will have to wait a little longer.

A Circuit Court judge has postponed next week’s hearings in a lawsuit to decide whether Prince George’s County officials violated state and local law by transferring $39 million in “project charges” from a state-supervised agency to county coffers.

The Maryland-National Capital Park and Planning Commission administers the parks and planning departments in Prince George’s and Montgomery counties and sued the county over the transfer.

The two sides were set to meet in court Monday and Tuesday. But attorneys for the county asked the judge to delay the hearing, citing, among other reasons, a resolution the County Council adopted Tuesday to change parts of the $39 million transfer.

Leaders on the council have contended that the resolution, introduced by Chair Krystal Oriadha, would “clarify” the budget transfer and “more precisely reflect the Council’s intent.”

Associate County Attorney Dwight Jackson, though, wrote in his request for a delay that the resolution “supersedes” part of the council’s previous action, and that the changes it outlines warrant “an opportunity to address their effect on the issues presented.”

The hearings are now scheduled for Nov. 16 and 17, according to a notice from the county circuit court.

Recent filings indicate that the commission is seeking to compel nonprofit organizations that are set to receive portions of the $39 million to appear in court.

But recent attempts to subpoena leaders of the organizations with the largest allotments have been unsuccessful, according to court documents. One nonprofit founder with close ties to Oriadha reportedly evaded her subpoena service.

Subpoena attempts

Since taking leadership roles on the County Council, Oriadha and council member Edward Burroughs have come under scrutiny for pushing to divert millions of dollars in project charges to their preferred organizations, including one run by Oriadha’s close friend and another that functions as an extension of Burroughs’ council office.

The council chair set aside $4.3 million in project charges for Community On The Frontline, an organization run by Janna Parker, Oriadha’s friend and the godmother of her son.

Burroughs secured $4 million for programs that were run through Joan’s House, an Oxon Hill-based nonprofit that connects young people to educational and professional development opportunities, and has taken groups of kids on domestic and international trips.

Burroughs said he has organized and attended several of the group’s outings, including one to Puerto Rico.

In preparation for Monday’s hearing, the commission tried to subpoena Parker, Joan’s House founder Romel Williams and two other organizations to which the council has tried to steer millions of dollars in project charges.

The person who tried to serve Parker notified the court that Parker was evading the subpoena.

On the fourth attempt, the server noted in a court filing, “Someone is home, but I am being ignored, Lights are on in the home, Vehicle(s) seen at the property” when they tried to contact Parker at a Temple Hills residence at 7:47 p.m. on Sept. 3.

When reached by phone Friday, Parker said she wasn’t aware of the subpoena and declined to comment.

The commission also subpoenaed the Edward Charles Foundation, a Beverly Hills, California-based fiscal sponsorship organization that provides nonprofit status and administrative support to a variety of organizations, including Community On The Frontline.

Four tries over the course of a week to serve Williams at his Suitland address were unsuccessful, according to a court filing.

Williams has also been in court this year for allegedly driving, or attempting to drive, while under the influence of alcohol. He was arrested in March after a police officer responded to a home where a Honda Accord had collided with the garage and a vehicle in the driveway, according to court documents.

Williams could not immediately be reached for comment Friday.

The commission also sent subpoenas to two leaders at The Excellence in Education Foundation for PGCPS Inc., a nonprofit that fundraises and establishes partnerships for the local school system. Executive Director Brenda Mitchell received her subpoena, but board chair Gregory Proctor did not, despite four attempts, according to court filings.

The council allocated $4.1 million in project charges for the organization this year.

The commission also subpoenaed the Boris Lawrence Henson Foundation, a health and wellness organization founded by famed actor and producer and Prince George’s native Taraji P. Henson and named for her late father.

Council members allocated $100,000 in project charges for the organization this year. But they have set aside larger allotments in the past, including $1.2 million in last year’s budget.

The commission also subpoenaed Bobby Enoch, who oversees financial management for the county’s parks and recreation department; Amy Fry, chief of staff for council member Jolene Ivey; and Eric Irving, a former legislative attorney for the council who now works for the Council of the District of Columbia.

What are project charges?

County residents may recognize the Maryland-National Capital Park and Planning Commission from their property tax bills. For every $100 in assessed value, taxpayers pay 29 cents to the commission.

The commission’s budget is made up of county property tax revenue, and the County Council approves the commission’s budget each year, though state law determines how the money can be spent.

The funding at issue in the ongoing lawsuit is part of a decades-old program through which organizations and municipal governments can seek expense reimbursements known as “project charges.”

Council members generally recommend organizations in their districts that they believe should receive reimbursements through the program. The council chair then typically decides which organizations to include in the budget.

To receive reimbursement, the organizations must submit invoices to the commission and receive approval.

The approval process has sometimes meant that organizations receive far less than the amounts council members set aside for them.

In this year’s budget, though, the council initially called for the commission to transfer more than $39 million to the county, effectively ending the practice of requiring approval from the commission.

The commission scored an initial win in June, when a circuit court judge temporarily blocked the $39 million transfer from the commission’s budget to the county.