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Judicial Watch • Montgomery College Complaint 01192011

Montgomery College Complaint 01192011

Montgomery College Complaint 01192011

Page 1: Montgomery College Complaint 01192011

Category:General

Number of Pages:16

Date Created:January 20, 2011

Date Uploaded to the Library:February 20, 2014

Tags:01192011, declaeatory, venue, INJUNCTIVE, Violation, Relief, jurisdiction, MONTGOMERY, maryland, parties, complaint, college, court


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THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND 
MICHAEL LEE PHILIPS,  
and  Case  No.:  V3L/;) R8"  
PATRICIA FENATI,  
and  
DAVID DRAKE,  
Plaintiffs,  
vs.  
BOARD TRUSTEES  
MONTGOMERY COLLEGE,  
Suite 35q  
900 Hungerford Drive  
Rockville, 208  
Defendant.  

COMPLAINT FOR INJUNCTIVE ANO DECLA:RATORY RELIEF 
Plaintiffs Michael Lee Philips, Patricia Fenati, and David 
Drake hereby sue Defendant Board Trustees Montgomery 
College for declaratory and injunctive relief, and, for their Complaint, allege follows: 
RECEIVED 

JAN 2011" 
Clerk Circuit Court Montgomery County, Md. 
PARTIES Plaintiff Michael Lee Philips 28-year resident Montgomery County and citizen the State Maryland. Plaintiff has paid and will continue pay taxes Montgomery County and the State Maryland. 
Plaintiff Patricia Fenati 38-year resident Montgomery County and citizen the State Maryland. Plaintiff has paid and will continue pay taxes Montgomery County and the State Maryland. 
Plaintiff David Drake 69-year resident Montgomery County and citizen the State Maryland. Plaintiff has paid and will continue pay taxes Montgomery County and the State Maryland. 
Defendant Board Trustees Montgomery College ("Defendant Board") entity organized under the laws the State Maryland and serves the governing body Montgomery College, public community college located Montgomery County, Maryland. the governing body Montgomery College, Defendant Board empowered exercise general control over Montgomery College and adopt reasonable and lawful rules, regulations, and policies for the operation the college. Defendant Board carries out its duties and responsibilities from its principal offices the City Rockville, Montgomery 

County, Maryland. law, Defendant Board has the capacity sue and sued. 
JURISDICTION AND VENUE Jurisdiction proper pursuant Sections 1-501, 3403, and 6-102 the Courts and Judicial Proceedings Article 
the Maryland Code Annotated, among other applicable provisions. Venue proper this judicial circuit pursuant 
Section 6-201 the Courts and Judicial Proceedings Article the Maryland Code Annotated, among other applicable provisions. 
FACTUAL BACKGROUND public community college, Montgomery College 
relies primarily appropriations state and county tax 
dollars, well student tuition and fees, for its revenue. 
Appropriations county tax dollars comprise the largest 
portion Montgomery College's revenue. Combined, 
appropriations state and county tax dollars account for 
approximately one half the college's revenue. contrast, 
tuition and fees paid students constitute less than quarter the college's revenue. law, the tuition charged student who attends corrununity college Maryland determined the student's 
place residence. Students who are residents the county 
counties supporting the community college they attend are 
charged in-county rate. Students who are residents the 
State Maryland, but reside outside the county counties supporting the community college they attend are charged
state rate. Students who reside outside the State Maryland 
are charged out-of-state rate. Contrary Maryland law, however, has been the long-standing policy Defendant Board provide reduced, incounty tuition all recent graduates Montgomery County ublic high schools regardless their place residence Students who have graduated from Montgomery County public high 
school within three years enrolling Montgomery College are not required prove residency status receive the reduced, in-county tuition rate. Until recently, this policy had never 
been put writing. 
10. November 2010, Defendant Board adopted resolution incorporating its long-standing, unwritten policy into College Policy 45003. Specifically, November 15, 2010, Defendant 
Board adopted Resolution No. 10-11-086, "to clarify and confirm 
tuition and fees practices previously authorized the Board 
but not contained the present public policies tuition." 
11. College Policy 45003 now states, "[I]t the policy the Board Trustees provide quality education the 
least cost for residents Montgomery County and recent 
graduates Montgomery County public schools 
(Emphasis added.) 
12. College Policy 45003 sets forth three categories 
tuition rates: Rate," Rate," and "OS Rate.11 
specifically provides, relevant part: 	Applicability Tuition Rates 
Students attending Montgomery College will pay the Rate any the following determined applicable the President designee, the following orde 	Residence Montgomery County; graduate from Montgomery County Public School within the past three years. 
Students attending Montgomery College that not qualify for the Rate" shall pay the "OS Rate unless determined the President for designee that the student Maryland resident from outside Montgomery County which case the student shall pay the Rate." 	
Determination Residence and Domicile qualify resident Montgomery County the State Maryland for purposes determining the applicable tuition rate applied, legal domicile must have been maintained for period not less than three months pri the first regularly scheduled class for the semester. 
For student considered resident Montgomery County the State Maryland for purposes determining the 

applicable tuition rate applied, the 
student must possess the legal capacity under State and Federal law establish 
Maryland domicile. 
13. 1982, the U.S. Supreme Court ruled Plyler Doe 
that all children, including children who are unlawfully present 
aliens, are entitled free, primary and secondary public 
school education. The ruling Plyler Doe does not apply 
post-secondary education, including post-secondary education 
corrununity colleges such Montgomery College. 
14. Under federal law, unlawfully present aliens generally 
are ineligible for state local public benefits, including 
post-secondary education benefits such reduced tuition, 
unless state has enacted law affirmatively providing for 
such eligibility. 
15. The State Maryland has never enacted law 
affirmatively providing that unlawfully present aliens are 
eligible receive reduced, in-county tuition public 
institutions higher education, including community colleges 
such Montgomery College. The Maryland General Assembly 
passed bill 2003 that would have provided for such 
eligibility, but then-Governor Robert Erlich vetoed the 
measure. 
16. Defendant Board's longstanding policy has the effect providing local benefit --reduced, in-county tuition --to 
unlawfully present aliens who graduate from Montgomery County public high school. 
17. information and belief, was and the intent Defendant Board provide this local benefit unlawfully present aliens who graduate from Montgomery County public high schools. 

18. 
Montgomery College has admitted repeatedly that Defendant Board's long-standing policy enables unlawfully present aliens pay in-county tuition rates. its audited financial statements for Fiscal Years 2007, 2008, and 2009, Montgomery College stated: "[T]he Montgomery College policy applicable all persons, equally, and includes all citizens 

...
well undocumented aliens 
19. 
Moreover, Montgomery College spokesperson Brett Eaton was quoted the October 29, 2010 edition the Montgomery County Gazette stating, "We not give in-state tuition illegal immigrants, with the exception recent [Montgomery County Public Schools] graduates." 

20. 
Defendant Board's long-standing policy causing substantial, pecuniary loss taxpayers Montgomery County and the State Maryland. providing reduced, in-county tuition all students who graduate from Montgomery County public high schools, regardless their residence status 

unlawfully present aliens, Montgomery College failing 
collect revenue that, state and federal law, required collect. Because taxpayers Montgomery County and the 
State Maryland subsidize the cost attending Montgomery 
College, Montgomery County and Maryland taxpayers have been 
required and are being required make the resulting lost 
revenue through greater appropriations tax dollars and, 
particular, greater appropriations county tax dollars. 
21. During the 2006-2007 academic year, which corresponds 
approximately Fiscal Year 2007, Montgomery College charged 
the following rates for tuition: $93.00 per course hour students 
classified Montgomery County residents; 
$191.00 per course hour students classified out-of-county, Maryland 
residents; and 
$257.00 per course hour students classified out-of-state residents. 
22. During the 2006-2007 academic year, the number 
course hours charged students who graduated from Montgomery 
County public high school within three years enrolling 
Montgomery College and were unable demonstrate, failed 
demonstrate, that they were lawful residents Montgomery 
County, totaled 11,168. Montgomery College had charged these 
students the highest, out-of-state rates instead the lowest, 
in-county rates, would have collected additional 
$1,831,552 revenue Fiscal Year 2007. This additional 
revenue could have been used off set appropriations state 
and county taxpayer dollars. 
23. During the 2007-2008 academic year, which corresponds 
approximately Fiscal Year 2008, Montgomery College charged 
the following rates for tuition: 
$96.00 per course hour students classified Montgomery County residents; 
$197.00 per course hour students classified out-of-county, Maryland 
residents; and 
$266.00 per course hour students classified out-of-state residents. 
24. During the 2007-2008 academic year, the number 
course hours charged students who graduated from Montgomery 
County public high school within three years enrolling 
Montgomery College and were unable demonstrate, failed 
demonstrate, that they were lawful residents Montgomery County, totaled 11,406. Montgomery College had charged these 
students the highest, out-of-state rates instead the lowest, 
in-county rates would have collected additional 
$1,939,020 revenue Fiscal Year 2008. This additional 
revenue could have been used off set appropriations state 
and county taxpayer dollars. 
25. During the 2008-2009 academic year, which corresponds 
approximately Fisc Year 2009, Montgomery College charged 
the following rates for tuition: 
$99.00 per course hour students classified Montgomery County residents; 
$203.00  per  course  hour  students  classified  out-of-county,  Maryland  
residents;  and  

$275.00 per course hour students classified out-of-state residents. 
26. 
During the 2008-2009 academic year, the number course hours charged students who graduated from Montgomery County public high school within three years enrolling Montgomery College and were unable demonstrate, failed demonstrate, that they were lawful residents Montgomery County, totaled 11,540. Montgomery College had charged these students the highest, out-of-state rates instead the lowest, in-county rates, would have collected additional $2,100,280 revenue Fiscal Year 2009. This additional revenue could have been used offset appropriations state and county taxpayer dollars. 

27. 
During the 2009-2010 academic year, which corresponds approximately Fiscal Year 2010, Montgomery College charged the following rates for tuition: 

$102.00 per course hour students classified Montgomery County residents; 
$209.00 per course hour students classified out-of-county, Maryland state Residents; and 
$284.00 per course hour students classified out-of-state residents. 
28. The number course hours charged students who 
graduated from Montgomery County public high school within 
three years enrolling Montgomery College and were unable demonstrate, had failed demonstrate, that they were 
lawful residents Montgomery County, not presently available for the 2009-2010 academic year. Using the average 
the three prior academic years, which 11,371, Montgomery 
College had charged students the highest, out-of-state rates 
instead the lowest, in-county rates for these hours, would 
have collected additional $2,069,522 revenue Fiscal 
Year 2010. This additional revenue could have been used 
offset appropriations state and county taxpayer dollars. 
29. addition, Fiscal Years 2007 through 2009, state and county appropriations taxpayer dollars Montgomery College increased faster rate than tuition increased. 
30. Fiscal Year 2007, Montgomery College received 
$127,421,884 state and county appropriations taxpayer 
dollars, which constituted 52.93 percent the college's total 
revenue. This represented increase $17,058,937, 15.46 
percent, over Fiscal Year 2006. 
31. contrast, students Montgomery College paid $54,861,598 tuition and fees Fiscal Year 2007, which, net scholarship allowances, constituted 22.79 percent the 
college1s total revenue. This represented increase $1,313,587, 2.45 percent, over Fiscal Year 2006. 
32. Fiscal Year 2008, Montgomery College received $143,666,578 stat and local appropriations taxpayer 
dollars, which constituted 49.76 percent the college's total revenue. This represented increase $16,244,745, 12.75 percent, over Fiscal Year 2007. 
33. contrast, students Montgomery College paid 
$58,083,353 tuition and fees Fiscal Year 2008, which, net scholarship allowances, constituted 20.12 percent the 
college1s total revenue. This represented increase 
$3,221,755, 5.87 percent, over Fiscal Year 2007. 
34.  Fiscal Year 2009, Montgomery College received $152,153,404 state and local appropriations taxpayer 
dollars, which constituted 49.33 percent the college's total 
revenue. This represented increase $8,486.15, 5.91 
percent, over Fiscal Year 2008. 
35. contrast, students Montgomery College paid 
$60,257,629 tuition and fees Fiscal Year 2009, which, net scholarship allowances, made 19.54 percent the 
college's total revenue. This represented increase $2,174,276, 3.74 percent, over Fiscal Year 2008. 
36. Fiscal Year 2010, Montgomery College received 
$155,543,398 state and local appropriations taxpayer 
dollars, which constituted 49.45 percent the college's total 
revenue. This represented increase $3,389,994, 2.22 
percent, over Fiscal Year 2009. 
37. contrast, students Montgomery College paid 
$62,947,088 tuition and fees Fiscal Year 2010, which, net scholarship allowances, made 20.01 percent the 
college's total revenue. This represented increase 
$2,689,459, 4.46 percent, over Fiscal Year 2009. 
Count 
(Violation Maryland Law 
Md. Code Ann. Educ.  16-310, a1.) 
38. Plaintiffs reallege paragraphs through 
fully stated herein. 
Pursuant Section 16-310 the Education Article 
the Maryland Code Annotated and Code Maryland Regulations 
13B.07.02.03, and subject certain exceptions not relevant 
here, Montgomery College required charge out-of-state 
tuition any student who attends community college the 
State Maryland and not resident the State, and 
required charge out-of-county tuition any student who, 
although resident the State, attends community college 
not supported the county which the student resides. 
40. Defendant Board's longstanding policy allowing 
recent graduates Montgomery County public high schools pay 
reduced, in-county tuition regardless their place 
residence violates Maryland law, including but not limited 
Section 16-310 the Education Article the Maryland Code 
Annotated and Code Maryland Regulations 13B.07.02.03. 
41. proximate result Defendant Board's violation Maryland law, taxpayers Montgomery County and the State 
Maryland, including Plaintiffs, are suffering pecuniary injury 
and will continue suffer such inj ury unless and until 
Defendant Board policy enjoined. 
42. Plaintiffs have adequate remedy law. 
Count 
(Violation Federal Law U.S.C.  1621)
43. Plaintiffs realleges paragraphs through 
fully stated herein. 
44. Pursuant Title Section 1621(d) the United 
States Code, unlawfully present aliens are not eligible for 
state local public benefits, including postsecondary 
education benefits, unless state enacts law affirmatively 
providing for such eligibility. 
45. Payment reduced, in-county tuition rates public 
institutions higher learning, including conununity colleges 
such Montgomery College, constitutes "local public benefit" that term defined Title Section 1621(c} (1) (B) the 
United States Code 
46. The State Maryland has not enacted law affirmatively providing that unlawfully present aliens are eligible receive reduced, in-county tuition rates public 
institutions higher learning, including community colleges such Montgomery College. 
47. Defendant Board's longstanding policy allowing 
recent graduates Montgomery County public high schools, 
including unlawfully present aliens, pay reduced, in-county 
tuition violates federal law and, particular, violates 
Title Section 1621 the United States Code. 
48. proximate result Defendant Board's violation federal law, taxpayers Montgomery County and the State Maryland, including Plaintiffs, are suffering pecuniary injury 
and will continue suffer such injury unless and until 
Defendant Board's policy enjoined. 
49. Plaintiffs have adequate remedy law. 
PRAYER FOR RELIEF 
WHEREFORE, Plaintiffs respectfully request that the Court: 
(1) declare unlawful Defendant Board's long-standing policy allowing students who enroll Montgomery College within three 
years graduating from Montgomery County public high school pay reduced, in-county tuition rates regardless their 
place residence status unlawfully present aliens; (2) 
enjoin Defendant Board from continuing enforce otherwise 
carry out its unlawful policy; (3) the extent allowed law, 
grant Plaintiffs award attorney's fees and other litigation costs reasonably incurred this action; and (4) 
grant Plaintiffs such other relief the Court deems just and proper. 
JURY DEMAND 
Plaintiffs demand trial jury all issues triable. 
Dated: January 2011 Respectfully submitted, 
JUDICIAL WATCH, INC. 

Attorneys for Plaintiffs