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Federation of Citizens Associations of the District of Columbia

Federation News

Volume 3, Issue 9, June 1998

Year-end Report Card for the City Schools:
Have a year’s reforms changed the future for D. C. kids?

And what will the next year bring?

It has been a tumultuous year for city schools. At this transition time — end of the school year for some, start of summer school for others — it is fitting to have an assessment from the person who recently stepped into the Chairman’s role on the Emergency Transitional Education Board of Trustees that was appointed by the Control Board.

The questions that surround public schools are many; the issues they center on include

• resource allocation
• student discipline
• promotion thresholds
• remedial education
• class size
• course offerings
• parental involvement
• recruitment and retention of quality leaders
• needs of special populations
• disposition of school properties
• role and future of charter schools

And of course the question of the relationship between the appointed and elected school boards, and their relationships with the Council, the Mayor, and the Control Board.

Maudine R Cooper previously served as vice chair of the appointed board. Her “other job” is as president and chief executive officer of the Greater Washington Urban League, the local affiliate of the national civil rights and community service organization, where she oversees a staff of 100 and a budget of $5.4 million.

Previously Ms. Cooper served as chief of staff for Mayor Marion Barry, and held other significant appointive offices in the District Administration.

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Regulatory reforms:
Good news and bad for citizens’ agenda

A large package of “regulatory reforms’ were enacted in what appeared to be the last days of the outgoing Control Board, which was cast by the press as a pro-business coup. Unquestionably there are major undertakings that will require very close monitoring by citizens and their associations, and others that will make it much more difficult to resist large development projects that harm residential neighborhoods.

But the package also includes a raft of provisions that fulfill residents’ long sought goals for a better DCRA: tough enforcement standards; increased financial, human, and technological resources; integration of information systems; reformed administrative procedures; and timely decision making.

However, if the Mayor and/or Council do not act within 90 days, the Control Board is authorized to order implementation of the remaining elements of its reform agenda. provisions about environmental reviews and street vendors were fairly well covered by the media.

What follows is a thumb-nail version of orders from the Control Board to the agencies it controls, and “recommendations” to the Mayor and Council that will have particular resonance in residential neighborhoods.

CODE ENFORCEMENT

Recognizing that the District has provided no incentive to comply with existing regulations, the Control Board endorsed: (1) establishing a code enforcement program for routine inspections and inspections in response to consumer complaints, (2) enacting measures allowing inspectors to cite violations of any of the numerous applicable housing codes, (3) amending the regulations to provide stiffer penalties for code violations (including increased daily penalties), (4) enacting measures that establish deadlines for decisions by administrative law judges in code violation hearings, (5) providing for recording orders relating to code violations in the land records, (6) allowing for revocation of a property owner's housing business license if the owner is found to be in violation of certain housing code requirements, (7) providing for increased imposition and recording of liens on properties subject to code violations, and (8) strengthening the process for civil enforcement of code violations.

In furtherance of these goals, the authority ordered its staff, with DCRA, Corporation Counsel, other departments and agencies to:

• implement legislation authorizing housing inspectors to cite violations relating to housing, building, fire, electrical, plumbing, mechanical, gas, licensing, zoning, public space, vacant property, garbage and trash, and abandoned vehicles
• provide for notice of violations to be promptly provided to owners of property not in compliance with the housing code
• implement legislation authorizing the assessment of fines against property owners for each day the property is not in compliance with the housing code and authorizing liens against the property if the fine is not paid
• implement legislation providing that the housing code violation hearing is to be conducted as a quasi-judicial process before an Administrative Law Judge or Attorney Examiner.

The Board directed DCRA to.

• establish multidisciplinary enforcement teams to perform both routine housing inspections and housing inspections in response to complaints
• investigate whether the District’s civil infraction system should be expanded to include the code enforcement process

and directed the Chief Management Officer to

• investigate incentive-based housing inspection programs in other cities and adopt these procedures in the District if appropriate
• provide funding to carry out the foregoing orders.

LAND USE

The Mayor and/or Council are “asked” to do, by administrative order or legislation, the following:

• enact amendments to the D.C. Code combining the separate provisions regarding notice requirements for public meetings before the Zoning Commission.
• enact legislation to expand the composition of the Zoning Commission and to authorize the use of alternates.
• enact legislation to permit sitting members of the Zoning Commission to continue, for one year past the end of their terms, to participate in cases commencing during their terms.
• enact legislation to expand the composition of the Board of Zoning Adjustment and authorize the use of alternates
• enact legislation to codify the proper use of covenants
• institute a process for initiating the appointment and confirmation process of Zoning Commission members sufficiently far in advance of the end of the term of an outgoing member so that the new member will be ready to take his or her seat as soon as it is vacated
• appoint members of the Zoning Review Task Force constituted under the Regulatory Reform Act

The Control Board staff, with DCRA, the Corporation Counsel, and other departments or agencies, are ordered to:

• provide a process for expedited review of alterations to owner-occupied residential structures and small, uncomplicated commercial projects
• establish time frames for review; provide that resubmittals do not require full reviews
• add a section to the administrative portion of the construction codes to recognize the role of the zoning regulations in the construction permitting process
• clarify which rezoning applications are to be processed as contested case proceedings and which are to be processed as rule making
• provide for the promulgation of a Zoning Commission hearing schedule with cutoff dates by which a complete application must be fled in order to be heard
• provide for the scheduling of additional hearing dates for the Zoning Commission to review all applications filed in a timely manner
• provide that continued or postponed applications before the Zoning Commission should be heard within 30 days unless the parties agree to a different time.
• providing strict time limits for the presentation of cases and oppositions before the Zoning Commission
• provide for the issuance of bench decisions by the Zoning Commission
• establish a consent agenda for the processing of non-contested applications by the Zoning Commission
• combine the separate provisions regarding notice requirements for public meetings before the Zoning Commission
• give decision-making authority over noncontroversial requests such as time extensions for building permits for PUDS, minor modifications and the like, to the staff of the Office of Zoning where possible.
• implement legislation to expand the composition of the Zoning Commission and authorize the use of alternates
• encourage parties to a Zoning Commission hearing to submit proposed findings of fact and conclusions of law, including the preparation of standard order forms and checklist orders for potential use by the parties and the Commission
• authorize the Zoning Commission Chair to sign orders when the application is unopposed or the parties have agreed to the order
• institute a procedure for the Zoning Commission and the BZA to issue explicit directions at the decision meeting as to conditions they are imposing on any decision to approve, particularly the acceptance, addition, or deletion of proposed conditions already within the record of the case
• adopt procedures whereby full orders will be prepared within 45 days of a decision by the Zoning Commission
• require that a request for reconsideration of a Zoning Commission order be made within 10 days after the decision of the Commission, rather than 10 days after formal adoption of the order or other timing schedule which provides reasonable time frames for closure
• provide for the promulgation of a BZA hearing schedule with cut-off dates by which a complete application must be filed in order to be heard
• provide for the scheduling of additional hearing dates for the BZA to review al applications filed in a timely manner
• provide that continued or postponed applications before the BZA should he heard within 30 days unless the parties agree to a different time
• provide criteria for expedited hearings
• provide that full orders of the BZA must be prepared within 60 days of a decision
• grant the Zoning Administrator the flexibility to approve, where good cause is shown (1) discrepancies in survey or foundation placement that do not exceed 2% of the required area standards or (2) linear requirements by up to 6 inches, whichever is greater
• grant authority to and direct the CMO to coordinate all governmental department and agencies with responsibility for processing and granting permits and approvals in the Land Use and Development area, to resolve disputes between or among such departments and agencies, and to facilitate interdepartmental and interagency communication so that permits and approvals are not unreasonably delayed by the involvement of different departments and agencies in the review and approval process.

DCRA is directed to:

• provide the necessary resources to increase the size of the staff reviewing bulking permit applications and add computer and communications technology to facilitate the review process

The Zoning Commission is to:

• provide the necessary resources to add staff and computer and communications technology to accelerate the process of adopting map changes and regulations to conform to the District's comprehensive plan
• adopt procedures whereby full orders will be prepared within 45 days of a decisions
• enforce the requirement that all parties in opposition to a BZA application file written submissions in advance of the hearing

The BZA is to.

• direct the Office of Zoning to accept BZA applications without certification by the zoning administrator

PARKING

The Authority cites the competing demands for on-street parking the District as important to both residents and retail businesses It advocates allowing DPW to make changes in parking and traffic directives that “do not raise substantial parking issues” without a full-scale administrative rule making process.

The Mayor and Council are to:

• enact legislation to amend the Administrative Procedure Act to eliminate regulatory obstacles to the implementation of traffic and parking rules

DPW is to:

• identify neighborhoods with severe parking problems and report to the CMO within 90 days with a list of such neighborhoods and an action plan for these problems
• implement the action plan under the direction of the CMO so as to increase the number of parking spaces in those neighborhoods and balance the needs of residents and merchants

The CMO is to provide funding to carry out the foregoing orders.

Other areas in which the Control Board issued orders are: Street and Alley Closings, Environmental Regulations, Sale and Conversion of Rental Housing, Rent Control, Adoption of Updated Construction Codes.

Also, Self Certification in the Construction and Development Process, Business Licenses, Street Vending Regulations, Unemployment Insurance and Workers Compensation, Privatization, Out-sourcing and Managed Competition, Regulations of Professions and Occupations.

The full text of all the “regulatory reform,” orders issued by the Control Board can be found on the web site: dcfra.gov/reform.

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Council nixes election reform bill

Efforts to correct the District’s election process suffered a setback this week. In response to a request from the D.C. Court of Appeals, Council’s Government Operations Committee held hearings about the right of citizens to challenge voters they believed were unqualified to vote in local elections. The Federation, the American Civil Liberties Union, local party officials, and citizens who have had experiences in election challenges all testified in favor of a strong reform bill that would allow such challenges to be heard in public evidentiary hearings, as the Court recommended

Government Operations prepared a bill, however, that merely transferred decision-making from the polls to the Board, with no requirement for public scrutiny and no appearances by challenger or voter, with no further production of evidence. The limitations were pointed out to Council members, with the aim of amending the bill so that its reforms would be applicable to this fall’s elections.

Unfortunately, Governmental Operations chose instead to pull the bill and do further research on other states’ practices. This means that candidates and citizens will literally have to take cases to court as the only means of challenging a Precinct Captain’s election day decision.

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Federation mentioned in Washington Post editorial

In a May 19 editorial, the Washington Post called upon the White House to get its act together for the appointment of new members of the Control Board. Under the theme “No Way to Treat the City”" the editors quoted the words of Franklin Raines at the Federation’s April 9 banquet: “We are committed to a smooth transition as the [D. C. financial control board] enters a new phase of its work.”

The White House, said the Post, had muffed its chance for any smooth transition by being so tardy in selecting potential Board members end executing their security clearances. Since that time, the White House has confirmed its intention to appoint last year’s Federation banquet speaker, Alice Rivlin, as the new Control Board chairman. A mix of holdover and new Control Board members will guide activities until additional replacement members can be appointed.

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Federation presidents join to protest transportation plan

The Potomac Conference managed to do something that has not been accomplished in living memory. It brought together the presidents of the seven umbrella organizations that represent citizens’ groups throughout the region to protest the adoption of transportation policy without citizen input.

The Potomac Conference, a gathering of some 70 elected leaders and corporate executives endorsed a regional transportation authority to speak for transportation needs for the Washington/Virginia/Maryland capital area capital region. Virginia Congressional representatives introduced legislation to create such an authority, empowered to issue bonds for large road projects.

Federation leaders from Fairfax, Arlington, Alexandria, Prince Georges, Montgomery — and the District of Columbia — wrote to express dismay that, once again, citizens were not considered necessary participants in the Conference.

How sad that this was the one time that District residents had equity with their suburban neighbors.

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Officers and Board

Patrick Allen, Citizens Association of Georgetown, 337-8760
Gracie Baten, Shepherd Park Citizens Association, 882-6162
John Batham, West End Citizens Association, 628-3527
Allen Beach, Chevy Chase Citizens Association, 362-2239
John Brown, Southwest Community Council, 479-4658
Larry Chatman, 16th Street Heights, 291-7381
Dino Drudi, Michigan Park, 526-0891
Kay Eckles, Residential Action Coalition, 265-5961
Guy Gwynne, Burleith Citizens Association, 338-5164
William Scheirer, Kalorama Citizens Association, 232-8827
M. R. Peggy Snyder, Chancery Court, 338-1972
Miles Steele III, Hillcrest Citizens Association, 582-7832
Alice Stewart, Palisades Citizens Association, 364-1505
Al Wheeler, Oldest Inhabitants of DC, 337-00340
Barbara Zartman, Cloisters in Georgetown, 337-6505

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President’s Message

Control Board Chairman Andrew Brimmer continues his role as scold-in-chief for local government during his carry-over phase.

In a Judicial Conference in Washington this week, Brimmer recommended that all local government be permanently placed in the hands of a Chief Management Officer, all financial power in a Chief Financial Officer, and all enforcement in the Inspector General. What would be left for democratically elected representatives would appear to be very limited ceremonial functions.

Even the sharpest critics of the performance of local officials find Brimmer’s suggestions demoralizing. What would make people of talent and commitment run for local office? What reasons would citizens have to participate in elections? Why would we spend the $9 million for a City Council with no powers at all? What would motivate local government employees to pay attention to citizens’ complaints?

The Federation will join with other organizations and local leadership to persuade the new Control Board and Congressional leaders to reject Brimmer’s unforgiving recommendations.

Federation members are urged, as well, to review the Control Board orders thumbnailed above to become aware of the changes they are likely to face unless some combination of Council, citizens, and courts are able to effect changes.

It is critically important that, as needed reforms are adopted, citizens’ rights are not further limited. The best managed governmental operations in the world are not a substitute for democracy.

Barbara Zartman

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Federation Elections

All associations that are paid members in good standing are entitled to three delegates’ votes in Federation elections, which will be held during the business portion of our June Assembly meeting.

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Election-year Basics: A scorecard for the potential players

The increasing interest in this year’s elections — at all levels gives citizens— groups a rich opportunity to put their agendas before candidates.

Toward that end, the list below identifies everyone who had picked up petitions for the September primary, as of the date of publication of this newsletter.

Additional candidates will undoubtedly file; Tony Williams, for instance, had not yet begun the petition process, yet is clearly a candidate for Mayor.

This is also an opportunity for citizen leaders to serve on Advisory Neighborhood Commissions. This grass-roots political office requires that a candidate file at least 25 signatures from residents of a single-member district, each of which contains approximately 2,000 persons.

If only one candidate files valid petitions, that person is automatically elected. Since ANC elections are nonpartisan, there is no primary election.

The key dates for the ANC election process are:

August 5 / First day nominating petitions are available; also last date to challenge voter rolls
September 4 / Deadline for filing nominating petitions and declarations of candidacy
September 7 / first day for challenging nominating petitions (through September 16)
October 5 / Close of voter registration
October 20 / Revised voter list published; last day to petition for pollwatcher credentials
November 4 / Election Day

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Election Candidates

Additions and updates can be obtained from the Board of Elections and Ethics (727-2525), from the Board’s web site (dcboee.org), or from DCWatch.

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Primary Election Calendar

May 15 / First day to pick up petitions
June 15 / First day to file petitions at BOEE (through July 8)
July 11 / Challenge period opens (through July 20)
July 17 / Lottery for ballot positions
August 17 / Voter registration deadline
August 31 / In-person absentee voting at BOEE opens (through September 14)
September 1 / Deadline to petition for poll watchers
September 8 / Deadline to request absentee ballot for primary
September 15 / Primary election day
September 25 / Final count of absentee ballots; special ballot hearings; counting of accepted special ballots

Stay on top of forums and candidate nights planned around the community through the Make Our Vote Count coalition.

Contact them through the League of Women Voters Education Fund, 2025 I Street NW (#917), Washington 20006. E-mail to voters1@capaccess.org

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Bicentennial activities continue to build

The Nation’s Capital Bicentennial Commission, a nonprofit and nonpartisan organization of which the Federation is a part, continues to make real the promise of a wonderful year-long celebration of the 200th anniversary of the founding of our nation’s government in Washington, D.C. during year 2000.

NCBC now holds the franchise for First Night in Washington, the family oriented arts and culture festival that will celebrate the arrival of the new year 2000, and all subsequent New Year’s Eves.

Plans for the renovation of Langston Golf Course will be helped through a partnership between NCBC, the National Park Service, and PGA’s First Tee program, which will assist in raising funds for the building of the new family-oriented clubhouse and museum to commemorate the role of Langston in the development of black men's and women’s golf programs.

The Anacostia Garden Club will work with NCBC to create the Frederick Douglass Garden along the river.

How about your community? Is there a historic or discovery program in your area that could be part of the NCBC efforts? Call NCBC at 338- 6222 for information.

See you in September!

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