Duncan wants to remove Augustus Alzona of Bethesda from the commission because Alzona distributed the controversial leaflets before a House committee meeting on gun control March 14 in Annapolis.

Duncan cited an inability on the part of Alzona, a member of the county's Republican central committee and a pro-gun advocate, to perform his commission duties. But council attorneys said Alzona's actions do not justify a dismissal.

In a closed session April 2, the County Council voted 8-1 to keep Alzona on the commission. Some council members contended that the action would raise free speech issues and could spark a costly civil rights suit. Howard A. Denis (R-Dist. 1) of Chevy Chase was the only one who voted to remove Alzona.

In a statement Monday, Duncan urged the council to reconsider. But Council President Steven A. Silverman (D-At large) of Silver Spring said the council's decision is final.

"The fact that the county executive wants us to reconsider is fine, but there's nothing left to do here," Silverman said. "Our lawyers are saying that there's a high likelihood of litigation had we done this. And there's a pretty good chance that a judge would reappoint him to the commission."

The fliers show Sens. Brian E. Frosh (D-Dist. 16) of Chevy Chase and Christopher Van Hollen (D-Dist. 18) of Kensington and Del. Mark K. Shriver (D-Dist. 15) of Bethesda in Nazi uniforms with the words: "Montgomery County Democrats have a FINAL solution for ALL of Maryland's gun owners."

Republican leaders, including U.S. Rep. Constance A. Morella (Dist. 8) of Bethesda, also have sought Alzona's resignation from the party's central committee.

Alzona has defended his leaflet as a "Mel Brooks-type parody" and characterized the criticism leveled at him as a smear campaign. He has refused to resign from the commission or the central committee.

Property tax rates

In a largely symbolic move, the County Council on Tuesday tentatively voted 5-4 to cut the property tax rate in the face of soaring property values and a strong real estate market.

Some lawmakers said the move was a testing of the waters because the vote was preliminary and not likely to stand.

A top council official suggested that lawmakers voted for the cut on Tuesday to highlight the county's tough budget situation and drum up support for an increase in the income tax. Still, the vote surprised some lawmakers who expected the tax cut to be voted down easily. The council must approve a budget and set tax rates by May.

Under a 1990 law, the council is required to cut the property tax rate if revenue growth from property taxes exceeds the rate of inflation. However, the council may bypass the law with a seven-vote supermajority. Since then, lawmakers have never voted to circumvent the law. In 1999, the council cut the property tax rate to comply with the law.

Cutting the property tax rate could cost the county $8.3 million this year even as growth in future tax revenues is projected to slow as a side-effect of the recession. What's more, state lawmakers dealt the county another blow this week when they approved a measure prohibiting the county from reassessing property values outside of the state's three-year cycle. That legislation is expected to cost the county about $5 million this year in revenue.

"We would be compounding the agony [if we cut the rate]," Silverman said.

Denis, Marilyn J. Praisner (D-Dist. 4) of Silver Spring, Isiah Leggett (D-At large) of Burtonsville, Blair G. Ewing (D-At large) of Silver Spring and Nancy H. Dacek (R-Dist. 2) of Darnestown voted to cut the property tax rate.

Silverman, Michael L. Subin (D-At large) of Gaithersburg, Derick P. Berlage (D-Dist. 5) of Silver Spring and Philip M. Andrews (D-Dist. 3) of Gaithersburg voted to maintain the current rate.

After the vote, Denis, who supported the cut, said he would be willing to change his mind if the budget outlook remains grim.