June Job Applicant Fairness Act 2011

By: Melissa Angeline - Cohen, Seglias, Pallas, Greenhall and Furman, P.C.

The “Job Applicant Fairness Act,” (the Act) signed into law on April 12, 2011, prohibits most 3 Like A Pro Maryland employers from using credit reports and credit histories as a means of determining hiring and retention. Generally, employers are prohibited from using an applicant’s or employee’s 4 Annual credit report or credit history for the purpose of denying employment, discharging an employee, Performance or determining compensation or other terms, conditions or privileges of employment. 6 Member Importantly, the Act does not affect employers that do not obtain credit information on employees Profile and applicants. Employers may continue to conduct background checks, criminal record checks and obtain consumer reports that do not include credit information, subject to the requirements of 8 Project Profile the Fair Credit Reporting Act and other laws. 10 Member The Act exempts several positions where the use of credit information has been deemed News “substantially job-related.” Specifically, the Act exempts the following positions: 12 Nominating • Managerial positions involving direction or control of part or all of the business; Committee • Positions provided expense accounts or corporate credit or debit cards; • Positions involving access to personal information of employees, customers or the 13 BIM employer; Education • Positions involving access to the employer’s protected trade secrets and intellectual Program property, or confidential business information; or 14 Calendar • Positions involving money-handling (authority to issue payments, collect debts, transfer Of Events money, or enter into contracts).

Also, certain categories of employers are exempt from these restrictions. Financial institutions and affiliates, investment advisors registered with the U.S. Securities & Exchange Commission, and employers legally required to obtain credit checks or histories for employment purposes, are not subject to the above restrictions.

Maryland employers must conform their employment policies to these requirements, which are effective as of October 1, 2011. Employees have no private cause of action for violations of the Act, but may file complaints with the Commissioner of Labor & Industry. Employers may be subject to monetary fines for violating the Act.

Please contact Building Congress Exchange members and attorneys, Edward Seglias or Jennifer Horn at 443-986-9421 with questions.

Vol. 11 No.6 SBT27928_7.5x10 1c.qxd:Layout 1 11/17/09 9:53 AM Page 1

Job no: SBT-27928 Publication: Building Congress Live size: — Trim size: Fraction/ Vertical 7.5"W x 10"H Bleed size: — Colors: 1C Materials: PDF Prep by: Alexander Mktg Svcs, Inc. —11/09

Siemens makes buildings comfortable, safe, secure and less costly to operate.

Visit us on the web at: usa.siemens.com/buildingtechnologies

Baltimore, Maryland 2520 Lord Baltimore Dr. Baltimore, MD 21244 Tel. (410)-645-1600 Fax (410)-645-1616 s Answers for infrastructure.

2 NETWORK LIKE A

Executive Director Building Congress & ExchangePRO Verna L. Regler Network Hour Thursday, July 21, 2011 SPONSORS: Officers 5:00-7:00 P.M. James A. Quick, Inc. President Robert H. Stratemeyer Held in the Member’s Only Bruce Grau & Associates, Inc. CAM Construction Company, Inc. President Elect Overlook Lounge at Melvin C. Taylor, Jr. Hillendale Country Club Johnson Controls, Inc.

Vice President 13700 Blenheim Road North N.H. Yates & Company, Inc. Brian R. Ott Phoenix, MD 21131 Northeastern Supply Treasurer Douglas W. Eder Member Firms: $37 per attendee Secretary Cash/Check/Prepaid Price: $35 Sharon M. Justice

Directors

2011 Jaime K. Brennan Dominick J. Dunnigan Paul L. Hume John P. Kraus, Jr. GOLF LIKE A

2012 Amy S. Bulcavage Jeffrey L. Hargrave Edward M. Joffe Jeffrey B. Loveless

2013 Joseph C. Logue 4:00-5:00 P.M. Joel J. Meredith, Sr. Richard D. Romagnoli Come early and participate in a group lesson from the 37th President of

The PGA of America, Allen Wronowski, who is also the PGA Director of Golf at Hillendale Country Club. Allen will demonstrate proper swing techniques, putting tips, and common mistakes. Cost is included with Network Hour registration, but space is LIMITED to the first 50 registrants. When Bulletin Editor: Verna L. Regler registering for the Network Hour, please indicate if you will be attending the golf demonstration.

3 Annual Performance Evaluations - Creating Partnerships

By: Melissa McDaniel, Director of Human Resources Consulting - MKS&H

Ask managers how they feel about annual employee performance reviews, and most of them will tell you it’s a responsibility that’s not on their favorites list. For some, the delivery of the annual performance discussion has “stand alone status” as the one task most would choose to avoid. As a result, some of us tend to delay the process, waiting for the right time to address a year’s worth of employee performance feedback. What if there was a way to shift the appraisal process from performance measurement to performance partnership - based on a meeting of like minds?

• During a traditional performance evaluation, employees are often concerned that the outcome of the meeting determines their performance rating for the entire year. They worry that their career track with the company hinges solely on annual evaluation results. • On the supervisory side of the equation, managers may also worry about the possible workplace fallout from a less than positive employee performance review. • Managers sometimes feel they must engineer and deliver performance feedback, improvement guidelines, goal setting and individual training agendas all in one formal evaluation package that is conducted once a year. Tough criteria to meet, whether you have supervisory responsibilities for one employee or twenty. • The element of surprise complicates the process even further. Employees who are evaluated once a year are often taken aback at the feedback they receive. They’re surprised because they’re hearing it for the first time.

BAUMGARTNER, INC. Further polarizing the process, many organizations continue to BAUMGARTNER, INC. pair performance evaluations with once-a-year compensation Committed to excellence… adjustments. This contributes to the likelihood of employees being BAUMGARTNER,Testing, Committed Balancing, to excellence… Commissioning INC. distracted by practical thoughts of how the evaluation will impact their livelihood. BAUMGARTNER,Testing, Balancing, Commissioning INC. Committed113 Lakefront to excellence… Drive These are all good reasons to take another look at the traditional

Testing, Hunt113 Valley,Balancing, Lakefront Maryland Commissioning Drive 21030 employee evaluation process. More effective is to view the Committed to excellence… Hunt Valley, Maryland 21030 performance evaluation as a way to invest in sustainable employee Testing, Balancing, Commissioning development while ensuring dynamic organizational growth. While Phone113 Lakefront 410-785-1720 Drive that may sound like an overwhelming undertaking, in reality, it is a HuntPhoneFax Valley, 410-785-1725 410-785-1720 Maryland 21030 113 Lakefront Drive cultural shift that will ensure improved people management, higher Fax 410-785-1725 efficiency and measurable bottom line results. Hunt Valley, Maryland 21030 Phone 410-785-1720

Fax 410-785-1725 Partnering with employees to map out their developmental goals, Phone 410-785-1720 while designing up-front agreements on how to achieve those goals creates effective performance partnerships with accountability on Fax 410-785-1725 both sides. The supervisor/manager moves from judge-evaluator Certified Member to advocate-mentor and the employee takes active responsibility

Certified Member for his/her own development mapping.

Certified Member Here are some best practices to ensure that the evaluation process

in your organization stays focused on employee development.

Certified Member (Continued On Page 5)

44

Annual Performance Evaluations - Creating Partnerships

(Continued From Page 4) Remove the emphasis from the evaluation and spotlight the developmental goals of each employee.

First, review, evaluate and clarify all job descriptions. Complete this procedure for each position in your business. Make sure every job description is an accurate documentation of the duties and required competencies for individual jobs.

Collaborate with employees to establish the key responsibilities and standards of performance for each job. These employee agreements will serve as the performance benchmarks for each job description.

Develop time specific goals for each employee. The employee should participate in the goal development process and will need to agree to the goals and the timeline for completion. Discuss how the goals support the organization’s strategic plan.

Increase the frequency of progress discussions. Managers need to make time to discuss developmental goals and progress with employees on a quarterly basis at a minimum. Managers need to 2205 York Road • Suite 102 • Timonium, MD 21093 hear how their employees are doing, and employees need to hear (410) 308-8778 Fax (410) 308-4987 Email: [email protected] their managers ask.

Separate performance feedback from compensation discussions. Build a boundary around performance feedback. It is a subject devoted to employee development. Conversations regarding Take your work to new heights compensation can be conducted at a different time and place.

Maintain a procedure for tracking employee progress. Keep and file notes from feedback sessions with employees. Take time to record the challenges, requested improvements and successes. Management diligence in this area will provide an accurate gauge for tracking employee development. It will also establish relevance for future goal discussions.

Practice the art of availability. Be available to your direct reports. Make it easy for them to seek you out for discussions. This can be as easy as establishing Friday afternoons as a “what’s on your mind” • Largest inventory of telescopic and articulating time. Encourage your employees to share their victories as well as booms, scissor lifts, forklifts and more their concerns. • Outstanding customer service and expert advice when you need it When performance feedback and developmental planning occurs • Equipment and safety training regularly for all employees, individual performance goals then • Delivery to your job site support the overall goals of the entire organization. This shift in United Rentals focus to a developmental based performance management system 305 Arundel Corporation Rd. will result in partnerships with long range benefits for all. Glen Burnie, Md. 21060 410-242-7780

TM For more information on how our human capital experts can create Consider it done. powerful performance drivers for your people and your business, please contact Melissa at 301-662-2400 or via email at melissam@ 800-UR-RENTS mksh.com. Rentals • Sales • Service • Supplies unitedrentals.com

5 Member Profile Place Logo Here

Kahn, Smith & Collins is a Baltimore based law firm. We fight efficiently and tenaciously for our clients. Our attorneys have successfully handled complex cases before State and Federal courts, and State and Federal administrative agencies. Firm members have been recognized as outstanding among their peers in The Best Lawyers in America and Super Lawyers (2010), and have achieved the highest AV peer review rating in Martindale-Hubbell.

Procurement and Government Contract Litigation

Of particular interest to members of the Building Congress & Exchange is our firm’s Procurement and Government Contract Litigation practice. Government contracts involve and are governed by unique and particular laws, legal principles, and legal procedures. We understand the nuances of procurement and government contract law. Our attorneys know that doing business with government agencies is very different from working in the commercial sector.

We can assist you with:

• Submissions of bids and proposals • Bid protests • Contract counseling • Contract claims • Claims litigation

We take pride in the firm’s many accomplishments before State and local government, at the bargaining table, and in the courts. We are equally proud of our ability to provide individual clients comprehensive and effective legal representation. Few firms in Maryland have the experience of Kahn, Smith & Collins in successfully litigating cases against the government.

If you are concerned about a government contract related issue, you should not hesitate to contact us. To learn more about our government contracts practice and to access our newly unveiled Maryland procurement blog, go to www.marylandprocurementlawyer.com.

Kahn Smith & Collins, P.A. Contact: Christopher R. Ryon 201 North Charles Street, 10th Floor Baltimore, Maryland 21201 Phone: 410-244-1010, Fax: 410-244-8001 www.marylandprocurementlawyer.com

6 A BUILDING IS MORE THAN JUST A PRETTY FACE

The Mechanical System is the Heart of Your Building. COUNT - Contractors & Unions Together assures your best value in mechanical systems for your building. Backed by a Pledge of Trust between the Mechanical Contractors Association of Maryland and Plumbers & Steamfitters Local 486, the COUNT Program guarantees quality mechanical construction, work site stability and continuity of operation. Don’t take chances with your project.

Hire a COUNTCOUNTCOUNT® mechanical contractor. Phone: 410-321-5715 or go to: www.countprogram.org

7 Project Profile

CAM Construction completes New Psalmist Baptist Church

Following months of intense drawing review, scope and program evaluation, meetings with the Church leadership and reduction of the original bid price by more than five million dollars without change in the structure’s size or splendor, CAM was selected as Construction Manager at Risk to build the first and largest of the buildings for New Psalmist Baptist Church’s new ministry campus. The objective of the Holy City of Zion, as it has been named by one of Baltimore’s largest Churches, is to provide an enduring and well planned ministry campus for its more than 8,000 members and others who will be joining them. One of Baltimore’s largest privately funded projects, located in the Seton Business Park, New Psalmist Baptist Church now brings people to the business park seven days each week.

Relocating from their former Catonsville location, New Psalmist Baptist Church’s campus is situated in both Baltimore City and Baltimore County; a circumstance rarely found in new construction projects. Phase One work for the campus included improvements to the 26 acre property including new utilities for the entire master plan, new roadways and parking areas for more than 1,100 vehicles and construction of the new Sanctuary/ Administrative/Educational building which is the cornerstone of the master plan.

This 185,000 square foot ministry structure includes a sanctuary with seating for nearly 4,000, with a clear span width of more than 200’ and a ceiling height exceeding 60’; a chancel with seating for a choir of nearly 200 members and room for multiple complementary ministries, without disturbing the service being led by Bishop Walter S. Thomas, his deacons and even visiting ministers who participate in the services. The main sanctuary is supplemented by a chapel capable of seating 320 parishioners, a full commercial kitchen which supports the commercial catering ministry, dining space for more than 650 members or meeting space for nearly 1,200, a three-story administrative wing and large gathering spaces throughout. Additionally, the new ministry building is home to a fully finished elementary school facility, libraries, two bookstores, a health center and even medical offices – all designed to provide healthy spiritual and physical growth.

The main sanctuary is truly a performing arts center – from its tiered seating, unobstructed views from the main floor and the balcony above, to its complex lighting, sound systems and broadcast capability. Services are broadcast live from New Psalmist’s on site production studio and aired on both radio and television throughout the region. Construction challenges included installation of multi- story temporary columns which were later removed only after the complex clear span structural steel roof framing was completed. Equally challenging is the complex sanctuary ceiling which hides the multiple catwalks for lighting and broadcasting work, which was constructed from a platform scaffold some 50’ above the floor and required exceptional craftsmanship to mitigate sound distortion. The expansive entry foyer is highlighted by drywall bulkheads which enclose the structural framing without diminishing the natural light.

With the concerted efforts of the Church leadership, CAM and all of the trade contractors, the project was completed more than one month ahead of schedule; in time to coincide with the 100th anniversary of New Psalmist Baptist Church and the celebration of the beginning of Bishop Thomas’ third decade of leadership to this congregation - despite some of Baltimore’s worst recorded weather.

CAM is most proud of the complements we have received from the Church leadership with whom we worked. Anthony Vaughn, owner’s representative, recently said “CAM’s enthusiasm and commitment to quality was well demonstrated as this was a very intensive tight budget project in the worst economy since the great depression” and he rated CAM’s performance as “exceptional” when he was asked to recommend the firm. Similarly, Bishop Walter S. Thomas recognized CAM by saying “We were expecting a very painful process, but CAM took time to understand our program and our vision and then worked with us to make sure we maintained that integral commitment...this is a firm run by honorable men”.

8 9 Member News

Cathy Purple Cherry has been honored by the Governor’s Office of the State of Maryland for Service and Volunteerism. Cathy Cherry has been named an Honorable Mention in the 2011 Governor’s Service Awards for her continued support and advocacy of the special needs community in Maryland. Recipients of the Governor’s Service Awards must demonstrate sustained commitment to meeting Maryland’s most pressing human and/or environmental community needs; engage in meaningful service that makes a measurable difference in the community; represent extraordinary acts of generosity and kindness; and have an impact on the greater community.

Purple Cherry Architects is a wholly-integrated design firm located in Annapolis, MD specializing in custom waterfront homes, commercial buildings and restaurants, and facilities for individuals with special needs. Completed work includes the new 60,000SF headquarters complex for Long Fence in Odenton, MD, a 42,000 SF facility for Opportunity Builders, Inc. in Millersville, MD and Arundel Lodge, Inc. in Edgewater, MD. Purple Cherry Architects is certified as a Woman- Owned Business Enterprise/Minority Business Enterprise and a member of the U.S. Green Building Council. The firm also provides a full range of architectural services including programming and conceptual design, feasibility studies, master planning, interior design and 3-D services. For further information, contact Heather Matheu at 410.990.1700.

Kaitlin M. Murphy has been promoted to the position of Marketing Coordinator at GWWO Architects.

In this role, Kaitlin’s primary responsibilities involve all aspects of proposal and interview presentation development, including team selection, proposal writing and coordination, presentation design, and content development and coaching. She will also lead the implementation of GWWO’s public relations and outreach plan, and will assist with the firm’s business development efforts, special events and other promotional activities.

Kaitlin joined GWWO in 2009 as Office Administrator and Marketing Assistant with a background that included work as an event planner and public relations assistant. She holds a Bachelor of Arts in Communications from Loyola University Maryland.

GWWO is a full service architectural firm that specializes in the planning and design of cultural and educational facilities, with emphasis on quality design that is both evocative and inspirational. Current projects include the new in Columbia, MD; the new West Village Commons Building at Towson University in Towson, MD; and the new Dundalk/Sollers Point High School Complex in Dundalk, MD. (Continued On Page 11)

10 Member News

(Continued From Page 10)

Michael Martin, President of Live Green Landscape Associates, recently shared his BC&E experiences with us. We thought what Michael had to say might be of interest to you.

“I would like to take this opportunity to talk about what a great and beneficial experience we have had in the Building Congress & Exchange. From the very beginning, the Live Green team took notice of how well attended all of the functions were. Not only were they well attended - but, well attended by decision makers and company owners. The open and friendly atmosphere has been a great experience for me and my team to meet and talk with many people. The venues are ever changing, allowing members to feel like each networking function is a fresh, new experience. I believe this is the key to the attendance always being high.”

“Live Green has jumped in to the association with both feet, believing that our energy is well spent with the BC&E. Live Green has become a sponsor for several events including the Holiday Network Hour which has several hundred attendees. We could not be more pleased with being members of the BC&E and, the staff has just been spectacular to us as a new member three years ago.”

Penza Bailey Architects is pleased to announce Jeffrey A. Penza, AIA has been named President of the Board of Directors for Preservation Maryland. Jeff has served as a board member for 5 years. Jeff has been a long supporter of this organization and attended the annual Conference May 19th – 20th in Annapolis, Maryland. In years past, he has been a presenter at this Conference on the topic of Sustainable/Green resources and Historic Buildings.

Founded in 1931 as the Society for the Preservation of Maryland Antiquities, Preservation Maryland is dedicated to preserving Maryland’s historic buildings, neighborhoods, landscapes, and archaeological sites through outreach, funding, and advocacy.

Fairfield Inn – Baltimore’s First Green Hotel - Permeable Pavers - Retaining Walls - Green Roofs & Rooms

Landscape Associates, LLC

Helping People to See What They Cannot See

- Irrigation - Landscape Management - Landscape Construction

410.833.9640

www.livegreenlandscapes.com

11 2011 Nominating Committee

Building Congress & Exchange President, Bob Stratemeyer, is pleased to present the 2011 Nominating Committee. The following seven (7) members agreed to serve, as per the Association’s Bylaws:

Mel Taylor BC&E President-Elect Chesapeake Industrial Leasing Company, Inc.

Sandy Douglass Barton Malow Company

John Knauff Johns Hopkins University Applied Physics Laboratory

Wayne Matheu Enterprise Electric Company

Brian Ott The Whiting-Turner Contracting Company

Andy Smith John Hancock

Jimmy Stewart Legacy Builders & Construction Services, Inc.

The Nominating Committee met on May 24th to select nominees for possible election to the Association’s Board of Directors.

The July issue of our monthly Bulletin will include detailed biographical information on this year’s nominees. Election ballots will be distributed to key individuals from all member firms no later than Friday, August 5th. This year, the Annual Election will be held on Friday, September 16th.

Your participation in this election is extremely important. Thank you in advance for your continued support of our Association.

Disclaimer: The Building Congress & Exchange of Metropolitan Baltimore, Inc. (“BC&E”) very much appreciates all of the advertisements placed in and articles contributed to the Building Congress Bulletin. The statements made and the opinions expressed therein are those of the advertisers and/or authors and do not represent the statements and the opinions of BC&E. BC&E cannot and does not endorse any of the products and services advertised in the Building Congress Bulletin; and BC&E does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, service, product, or process in any advertisement placed in or article contributed to the Building Congress Bulletin.

12 The Building Congress & Exchange in partnership with The Maryland AGC presents BIM Technology

Your Resource for Successful BIM Implementation September 27, 2011 7:30 a.m. - 5:00 p.m. Towson University Marriott Conference Hotel $ 495 Per Member Attendee $ 595 Per Non-Member Attendee

For detailed registration information, please contact Laurie Beverly at 410.823.7200 or at [email protected].

AGC’s BIM Education Program, developed in conjunction with leading BIM practitioners, is designed to prepare construction professionals at all experience levels to successfully implement BIM on a construction project.

This highly “don’t miss” interactive program was designed to establish a solid process for selecting BIM tools and to investigate the significant impact models have for estimating, scheduling, and co-ordinating.

Class Is Limited To 25 Students! st Registration Deadline: September 21 at 5:00 p.m. First Come, First Served Don’t Miss Out!

13 7 Calendar of Build your future with confidence Events

Commercial and residential From financial statement construction is your passion; preparation and income tax services, to job cost analysis and unparalleled professional July assistance with bonding, there’s service is ours. a reason why KatzAbosch is a st leading provider of professional 21 Network Like A Pro - services to the construction Golf Like A Pro Network Hour industry: An uncompromising level of service coupled with one Hillendale Country Club of the most experienced staff in 5:00 - 7:00 P.M. the industry. Featuring PGA National President “Allen Wronowski” KatzAbosch Sponsors: Windesheim, Gershman & Freedman, P.A. Certified Public Accountants and Consultants James A. Quick, Inc. Bruce Grau & Associates, Inc. Corporate Headquarters CAM Construction Co., Inc. 9690 Deereco Road, Suite 500, Timonium, MD 21093 410.828.CPAS • 800.989.6432 Johnson Controls, Inc. www.kawgf.com • [email protected] N.H. Yates & Company, Inc. Columbia, MD • Bel Air, MD Northeastern Supply

August

24th Annual Picnic Network Hour Oregon Ridge Park 5:00 - 7:00 P.M. Sponsors: Allstate Leasing Belfast Valley Contractors, Inc. Bettinger West Interiors, Inc. Bobby’s Portable Restrooms IMAGINiT Technologies KatzAbosch Kinsley Construction, Inc.

September

21st “Play-On-Play - 4th Down” Network Hour Sponsor: The Whiting-Turner Contracting Company

14 “Our Greatest Asset . . . Your Goodwill” J. F. Fischer, Inc. 7909 Philadelphia Road Baltimore, MD 21237 410-866-4900 • Fax 410-866-4906 www.jffischer.com

Since 1973

Mechanical contractors specializing in:

• Heating/Ventilation • Workplace Safety Systems • Boiler/Chiller Services • Air Conditioning • Water/Wastewater • Refrigeration Treatment • Plumbing Systems • Service/Preventative Maintenance • Medical/Lab Gas Systems • Process Piping Systems

[email protected] 24 Hour Emergency Service Hotline: 888-866-4900 Periodicals Postage Paid Baltimore, MD USPS 485-090

The Building Congress Bulletin (ISSN 1528-2856) is published monthly by The Building Congress and Exchange of Metropolitan Baltimore, Inc., 1050 Cromwell Bridge Road, Baltimore, MD 21286 Periodicals Postage Paid at Baltimore, MD. POSTMASTER: Send address change to the Building Congress Bulletin. 1050 Cromwell Bridge Road, Baltimore, MD 21286

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