How Things Work

Dear Workers:

Every once in a while, we get a clear lesson in how things really work in DC. Over the past few weeks, we've been taught again that incompetence and failure are qualities that are rewarded in government work. You've read the newspaper stories about the mismanagement of the Summer Feeding Program for children by DC's State Education Office (SEO). The Capital Area Food Bank, a well respected nonprofit organization, testified to the city council's Committee on Education, Libraries, and Recreation on October 15 that its experience with the SEO was so bad last year that it would not participate in the Summer Feeding Program again “as long as the current leadership remains at the SEO” (http://www.dcpswatch.com/stateed/031015.htm#gist). But the State Education Office is the vehicle that Mayor Tony Williams and Councilmember Kevin Chavous intend to use to administer DC's public schools when they abolish the Board of Education (or when they leave it in place, but reduce its legal duties and responsibilities so much that it is irrelevant).

So Chavous made it plain at the hearing that the demonstrated incompetence of the office wasn't important to him, that he was determined to protect it and its current leadership, even at the expense of continued failure in the summer feeding program. Chavous then introduced a bill, the State Education Office Amendment Act of 2003, Bill 15-521 (http://www.dcwatch.com/council15/15-521.htm), to reward the SEO by giving it additional powers and areas of responsibility. And Mayor Williams responded to the summer feeding program fiasco by announcing that he would appoint a “blue ribbon commission” to investigate the problems with the SEO. The chief merit of a blue ribbon commission, of course, is that it takes months or years to issue a report that can then be easily ignored, thus avoiding the necessity of ever doing anything about the problem. (The mayor's blue ribbon commission on the Sports Commission, appointed in June, met once for an organizing session, and never met again.)

The SEO can't run a simple summer feeding program; within a year or two, if Chavous and Williams have their way, it will be running the schools. This is what is called going from the frying pan into the fire.

Gary Imhoff
themail@dcwatch.com

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New Book on DC Politics and Governance
Mike Fauntroy, Shaw, mike.fauntroy@verizon.net

My name is Michael K. Fauntroy, and I am an assistant professor of public policy at George Mason University. I am writing to let you know about a book I have recently written that will be of interest to you. The book, Home Rule or House Rule? Congress and the Erosion of Local Governance in the District of Columbia, is my analysis of the political relationship between Congress and the District government between 1975 and 1998. Among the topics covered in the book are: an overview of evolution of democracy in the District of Columbia; the role of partisanship in congressional intervention into local affairs; the suburban influence on District affairs; the changing governmental problems facing the District, the responses of local elected officials, and the resulting fiscal crisis; and the control board as response to fiscal crisis.

As you may know, December 24, 2003, marks the thirtieth anniversary of President Richard Nixon's signing the Home Rule Act of 1973 into law. Since then, the District of Columbia has undergone a great deal of political and governmental change. These changes include, but not limited to: the election of many civil rights-era African Americans in the early years of home rule; the changing demographics and deterioration of the public school system; the explosion of crack cocaine and the resulting drug-driven violence; a municipal fiscal crisis; and the congressional-imposition of a financial control board. This book fully explores these changes, among many others, and evaluates how those changes affected home rule in the District.

The book is been published by University Press of America, and will be available for purchase on December 1, 2003. Contact your favorite bookstore, or order on-line at any number of outlets. Please forgive my shameless self-promotion; I just thought you would be interested in the subject matter.

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Continued Secrecy at the Sports Commission
Dorothy Brizill, dorothy@dcwatch.com

Since the resignation of DC Sports and Entertainment Commission Chairman John Richardson, Mayor Williams has appointed an interim chairman for the commission, John Mahoney, and also nominated a replacement permanent chairman, Mark Tuohey. But, despite promises from both Tuohey and the administration that there would be changes at the Commission, the reality seems to be business at usual. On Friday, October 17, the Commission held a closed-door meeting at the law offices of Winston and Strawn to discuss public business that was before it — presentation and discussion of a proposal to build a new soccer stadium, and budget and finance committee business. Nothing was scheduled for the meeting that would justify closing it to the public under the District's sunshine laws — no personnel or litigation matters, for example. However, William Hall of Winston and Strawn, a member of the Commission, argued that the meeting could be closed because the Commission's by-laws permitted it and because it was being called a "briefing" rather than a meeting. Interim Chairman Mahoney refused to open the meeting. Ron Collins, director of the Office of Boards and Commissions, did not return my phone calls for over two weeks prior to the meeting. And the next chairman, Mark Tuohey, made it clear that he would not weigh in to open the meeting, then attended the meeting himself.

Tony Bullock, the mayor's director of communications, when asked whether the mayor approved of the Sports Commission's conducting the public's business in closed-door meetings, wrote, “Are you aware of specific DC law, mayor's order, or other law that would require the sports commission to open up their meetings if they are not taking 'official action?' A quick look at the DC code does not necessarily require that they do so unless they are taking some 'official action.'” This, of course, turns the sunshine law on its head, creating and endorsing a loophole that allows not only the Sports Commission, but also all DC government agencies and commissions, to conduct all their substantive discussions of public business in secret, so long as they convene public meetings to take their final votes and confirm the decisions they reached in private.

The secrecy is especially important at the Sports Commission because it has hidden its business operations over the past few years in order to engage in some highly dubious deals that were failures. The DC Auditor released two devastating reports on the Sports Commission on October 17 detailing some of its practices. One telling quote among many: “An examination of DCSEC's procurement of goods and services during fiscal years 1999 through 2003, as of January 31st, revealed that a lack of effective Board and management oversight, inadequate or nonexistent internal controls, in addition to a flaws procurement and contracting process facilitated circumvention of applicable laws, regulations and rules; costly noncompetitive procurement practices; and a lack of management accountability. The Auditor found that management awarded contracts without Board knowledge, scrutiny, or prior approval. The Auditor also found the following deficiencies with regard to DCSEC's procurement activities: 1) the DCSEC Chief Financial Officer also acted as the Commission's in-house legal counsel and contracting officer for certain transactions; 2) DCSEC's management executed a contract above $1 million without obtaining prior approval from the Council of the District of Columbia; 3) the competitive bidding process used by DCSEC management did not appear to promote fair and open competition; 4) $1.3 million in contracts in excess of $50,000 were awarded without prior Board approval; 5) $931,151 in contracts for consulting services were awarded on a sole source noncompetitive basis or without prior Board scrutiny and approval; and 6) sole source contracts were awarded without adequate, documented justification or support.” (The Auditor's reports are available in PDF format at http://64.49.68.206/frames/index.asp?ban=0&sandbox=reports.asp. They are large and may be difficult to download, DCWatch will post them in HTML format by Tuesday.)

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Protect Uncompensated Care
Sam Jordan, samunomas@msn.com

Health Care Now! thanks the subscribers to themail who have inquired about the need to protect uncompensated care. The following are notes meant to help those who want more information about the issue and will join us in this campaign. On October 29, at 10:00 a.m., the city council Committee on Human services will hold a hearing on Bill 15 - 388, the “Health Services Planning and Development Amendment Act of 2003.”

This proposed legislation is supported by Health Care Now! because it 1) commits to a stable and permanent State Health Planning and Development Agency (SHPDA), which faced extinction just a few months ago, by creating a State Health Planning and Development Fund to finance SHPDA operations from fees charged to Certificate Of Need (CON) holders. (Note: the Certificate Of Need, or CON, is a permit issued by SHPDA to health care providers who wish to purchase capital equipment, like expensive MRI machines, or who seek to make capital improvements including adding new hospital beds. CON regulations require hospitals to a) train their staffs in the administration of and familiarity with the uncompensated care policy; and b) to provide accurate information about the uncompensated care policy to patients in appropriate language(s) and visible signage (in ERs, acute care and ambulatory care centers) without discrimination as to race, ethnicity, family or household status, immigration status or prior income earning capacity, etc.

2) Confirms the obligation of CON holders to provide uncompensated care in an amount equivalent to 3 percent of annual operating costs of the certificate holder; and 3) requires SHPDA to develop and maintain a Health Planning Data System (HPDS) to keep track of the costs, charges, patient demographics and whether health care providers are meeting the “annual compliance level” of 3 percent of annual operating costs.

Following are a few issues that we would like to see addressed about which the legislation is silent, vague, or inadequate: 1) the definition of uncompensated care: a) Uncompensated care should not be care for which the provider does not receive payment, but care for which the provider should not expect payment; therefore b) “uncompensated care” should not include “bad debt care.” Hospitals do not report how much of the “bad debt” care has been paid by the patient before the account is designated a “bad debt.” Bad debt care should not be counted against a hospital’s uncompensated care obligation.

2) The hospitals do not report “uncompensated care.” Instead, they report “unsponsored care,” a term whose meaning is known only to the reporting hospital‘s accountants and management. Therefore, Health Care Now! wants the legislation to require hospitals to report uncompensated care in language and accounting methods that anyone can understand.

3) Hospitals do not report uncompensated care as a percentage of annual operating costs. Instead, they report “unsponsored care” as a percentage of “total hospital care given.” This is another term that has meaning only to the individual hospital and cannot be easily translated into language meaningful to the consumer. 4) SHPDA should aggressively enforce the law and allow for public notice and commentary in the CON review process. Call Health Care Now! for more information and our report, “Safety Net In Tatters,” 388-6661.

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What’s New with Chime
Dorothy Marschak, dmarschak@chim-dc.org

1) New Board members: CHIME (Community Help in Music Education) is happy to announce that it has a new Treasurer, Cristino Arocho, Jr., the Controller of the Washington Opera. He is the fourth member we have recently added to our Board, the others being Benjamin Hall (Music Content Specialist of DCPS), Alice Patterson (Community Relations Officer, Clark Construction Group), and Eugene Johnson, Jr. (President, ERJ and Associates). 2) New programs in DC Public Schools: our Music Around the World Programs have been offered to all DC Public Schools this year, under the sponsorship of the DCPS Director of International Programs and the Music Content Specialist. We have already received twenty-five requests for these programs since they were announced to all DCPS Principals and Music teachers a week ago, and are hoping to raise the funds to present at least fifty of them this year. We are grateful for partial funding recently received from the Humanities Council of Washington for these programs, which require matching funds. We just heard that we will also be receiving a donation from Riggs National Bank. Last year we offered twenty-two of these programs in eleven DC public libraries: we hope to resume these offerings in the spring and add them in the parks in the summer.

3) Instrument drive and advocacy campaign: we are planning to intensify our advocacy efforts this year to have music education included in the core required curriculum (as it is supposed to be under the No Child Behind Act!) and also to have a citywide campaign to get donated new and used (in good repair) instruments for our schools. There is zero money in the school budget for instruments, or their repair, and instruments in most high schools are in short supply and in need of replacement. Of course, few schools below the high school level even offer instrumental music . . . a shameful situation. 4) Other instructional programs: we have been asked to help with starting a strings program at Amidon School, and to find instructional assistance for other schools. Kay Jones continues to train teachers in many schools how to incorporate music into their curricula through use of recorders. We are offering many programs for students and professional development workshops for teachers through the DC Arts and Humanities Education Collaborative again this year.

5) Strengthening Partners Initiative: CHIME was chosen as one of an initial group of "emerging" DC non-profits for the Strengthening Partners Initiative of the Mayor’s Office of Partnerships and Grants Development. Our executive directors just finished a year of training in various aspects of nonprofit management and benefited from the networking opportunities offered. 6) DCPS task force appointment: I have been appointed by DCPS Superintendent Vance to a volunteer task force to recommend an improved system for recruiting, matching to needs, and efficiently using the volunteers and other resources in DC that would like to help the schools. Many (including CHIME) have found it difficult to do so in the past, and the Superintendent is to be congratulated for this initiative that will hopefully enable many more community resources to be channeled into our under-funded school system. We have plans for other new programs as well that we will announce later. We hope this is the year we finally can fund a paid staff to help us realize our dreams for bringing the opportunity for music education to every DC child, and having every school with bands and choruses that it can be proud of. We welcome your help! Visit our web site, http://www.chime-dc.org, to volunteer or donate, or contact us at info@chime-dc.org.

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The District Budget Process Made Easy
Susie Cambria, scambria@dckids.org

DC Action for Children, the District's only multi-issue children's advocacy organization, has developed a colorful and easy-to-read-and-understand map to the District's budget process. “The District Budget Process — A Step-by-Step Guide,” is available for free to District residents, service providers, advocates, and others. This tool will make learning about the budget process more palatable. The District’s budget is the single-most important piece of legislation the city passes every year. And yet resident participation is wanting.

Frankeena Wright, health policy coordinator, commented, “Those who have used the map love it. This presentation is important — it makes learning fun. That makes budget advocacy more accessible to young people and their parents, advocates, providers, and others.” The map is available for free by mail or E-mail. Those interested in receiving a copy should contact DC ACT at 234-9404 or at dcaction@dckids.org.

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Those Street Trees
Star Lawrence, jkellaw@aol.com

I liked the letter about taking better care of our feral trees. One of my favorite shows is “Animal Precinct,” about animal abuse cops in New York. People say, “Yes, but what about children who are abused?” What about them? That's bad, too. Does it have to be either/or — the children or the animals, the street people or the street trees?

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Forums on Charter Schools
A. Marsh, anitangela@hotmail.com

It's so very, very interesting that FOCUS would host all of their community forums at libraries located in Ward 3. Why? When the majority of students attending DC's current charter schools reside in every other ward? This is ridiculous and bogus. FOCUS is bogus. That should be your new slogan!

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Cost of DC Government Services
Len Sullivan, lsnarpac@bellatlantic.net

Ref Ron Eberhardt's search for comparative costs of government services, NARPAC's web site has been stressing this issue for five years. For those hardy enough to wade through the statistics they can find useful information at:

http://www.narpac.org/NCI.HTM re other jurisdictions across the US
http://www.narpac.org/RCA.HTM#rcare re state and local revenues and expenditures
http://www.narpac.org/REXSCAPE.HTM#rexjobs re government employment in this metro area
http://www.narpac.org/REXGAO.HTM#apply re inappropriate GAO estimates on police levels
http://www.narpac.org/REXSTRUX.HTM#recovery re analysis of DC's 'structural imbalance'
http://www.narpac.org/PEI.HTM#pecomjur re comparative school personnel levels
http://www.narpac.org/HSI.HTM#hshc re hospital personnel
http://www.narpac.org/FOI.HTM#fopl comparative local personnel levels
http://www.narpac.org/BUDI.HTM#bud1anal re personnel levels in DC's FY01 budget
http://www.narpac.org/OSI.HTM#mckinrpt McKinsey Report comments re DC's government inefficiencies

All these comparisons are from a variety of available government data, although I have found few if any concise comparisons across all areas. But the fact that DC local government personnel levels are excessive seems irrefutable, even when correlated against the administrative costs associated with DC's very high poverty levels.

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Number of DC Employees
Randi Blank, DC Office of Personnel, randi.blank@starpower.net

Please note that the number of DC government employees cited by folks in the October 23 issue includes more than 12,000 employees who work for the DC Public Schools, the University of the District of Columbia, and another various independent agencies, such as the DC Lottery. This figure also includes hundreds of employees who work in agencies with state functions, such as the Department of Motor Vehicles and Department of Insurance and Securities Regulation. It makes comparing the size of the DC government to other city or county governments difficult.

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CLASSIFIEDS — EVENTS

Protest Against Terry McAuliffe, October 27
Timothy Cooper, worldright@aol.com

After months of aggressive behind-the-scenes maneuvering by Democratic National Committee Chairman Terry McAuliffe to suppress, if not extinguish, the DC first-in-the-nation presidential primary, backers of the DC primary are striking back by protesting his egregious tactics of intimidation. The chairman of the Democratic National Party should be spending his valuable time fighting George W. Bush and elevating DC voting rights to a national issue, not trying to stifle our message by suppressing presidential candidates' participation in the DC first-in-the-nation primary.

According to McAuliffe's own statement, as reported in the Washington Post, Mr. McAuliffe steadfastly demanded that each presidential campaign not participate in the DC presidential primary, threatening unspecified but ominous consequences. While Mr. McAuliffe perceives the DC primary as a threat to his vision of the Democratic presidential campaign, DC democracy activists claim the DC First-in-the-Nation presidential primary is an extraordinary vehicle by which to highlight and protest their continuing political disenfranchisement at the national level, underscoring the marked differences between Democrats and President Bush on a seminal civil and human rights issue, largely affecting African-Americans. The DC primary also provides a first-ever forum for an in-depth debate by presidential candidates on the topic of urban and diversity issues — an important break from the mostly rural issues debated in the traditional Iowa Caucuses and New Hampshire primary. Seventy percent of all Americans now live in urban/metropolitan environments.

The protest will be held at the Dream Nightclub, 1350 Okie Street, NE, at 7:00-10:00 p.m., Monday, October 27. DC Councilmember Jack Evans and DC democracy advocates will participate. Mr. McAuliffe's covert campaign to suppress the DC first-in-the-nation presidential primary deserves to be repudiated. Rather than maneuver behind the scenes to frustrate our cause of obtaining equal political rights, Mr. McAuliffe should stand with us and invite every Democratic candidate to actively participate in the DC primary. It is time for Mr. McAuliffe join with us to fight injustice, not compound the injustice.

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Public Hearing on New Anacostia Transit System, October 28
Bill Rice, DDOT, bill.rice@dc.gov

The Washington Metropolitan Area Transit Authority (WMATA) will hold a public hearing at 7:30 p.m. on October 28 at Birney Elementary School, 2501 Martin Luther King, Jr., Avenue, SE, to discuss the environmental assessment of the Anacostia Corridor Demonstration Project, a proposed new transit system in the Anacostia neighborhood of the District. The DC Department of Transportation will receive testimony along with members of the WMATA Board. There will be an open house preceding the hearing from 6 to 7:30 p.m., at which staff will be available to answer questions about the Demonstration Project and to showcase other community development initiatives in the area being sponsored by the District of Columbia Office of Planning and the District Department of Transportation.

The Anacostia Corridor Demonstration Project proposes new transit technologies within the District of Columbia on the CSX railroad right-of-way between the Bolling Air Force Base security gate and Pennsylvania Avenue. The transit technologies under study include rail vehicles powered by overhead electric sources and diesel engines. The study also includes two alignments starting from Bolling Air Force Base extending to the Anacostia Metrorail Station, or extending to an end of line station south of Pennsylvania Avenue. After initiating service, the Demonstration Project would have a three-year evaluation period after which a decision would be made whether to continue service.

The environmental assessment identifies the relative impacts the alternatives would have on the surrounding human and natural environments. The environmental assessment has been developed and is being presented at a public hearing in accordance with the National Environmental Policy Act (NEPA) and the WMATA compact. All members of the public are invited to attend the hearing to submit comments on the environmental assessment. Written comments may be submitted throughout the public comment period that ends on November 14. Comments received will be considered by the WMATA Board of Directors. The Board will take action on the proposed Demonstration Project at its meeting in January 2004. Written statements and exhibits may be submitted until close of business, Friday, November 14th to Mr. Harold Bartlett, Secretary and Chief of Staff, WMATA, 600 Fifth Street, NW, Washington, DC 20001. The Executive Summary of the General Plans and Environmental Assessment for the Anacostia Demonstration Project may be examined on the project web site, http://www.dctransitfuture.com.

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Cleveland Park Library Fiftieth Anniversary, November 1
Debra Truhart, debra.truhart@dc.gov

The Cleveland Park Neighborhood Library will celebrate its fiftieth anniversary through the combined efforts of DC Public Library staff, volunteers from the Friends of the Cleveland Park Library, Cleveland Park Citizens Association and Cleveland Park Historical Society. The celebration will be held at the Martin Luther King, Jr., Public Library, 901 G Street, NW, on Saturday, November 1, from 11:00 a.m. to 4:00 p.m. Political pundit Mark Russell, a Cleveland Park resident, will serve as Master of Ceremonies. Historic preservation consultants Paul K. Williams and Kelton C. Higgins, authors of the new book Images of America: Cleveland Park, will give a slide presentation on Cleveland Park. Local authors Susan Shreve and Ann Crittendon will sign copies of their books at the book fair. Throughout the afternoon, there will be children’s activities, story time and refreshments and door prizes. On sale to help fund library projects will be special anniversary umbrellas and coffee mugs featuring the art of local artist Eleanor Oliver. Volunteers will also take advance orders for a Cleveland Park community cookbook featuring neighborhood recipes. for more information, call 727-5535.

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Community Forum Against the Patriot Act, November 1
Katie Hodge, khodge@biglizard.net

The DC Coalition to Protect Civil Liberties is a grassroots effort by local residents and organizations, speaking out against the Patriot Act and similar legislation. We support the many other jurisdictions around the country (including Montgomery County, Takoma Park, Alaska, Vermont, and Hawaii) that have passed resolutions against aspects of the Patriot Act. We would ultimately like the District of Columbia to pass a similar resolution. To that end, we are holding a community forum about the Patriot Act on Saturday, November 1, from 2:00 to 5:00 p.m., at the Plymouth Congregational Church, 5301 North Capital Street, NE. Speakers will include: the Honorable Hassan El-Amin, District Court Judge, Prince George's County; Patrice Webb, ACLU, National Legislative Office; Joseph Onek, Constitution Project; Stephen Dwyer, Montgomery County Bill of Rights Coalition; and Anne Snowden, General Counsel, University of Maryland College Park. Full information is available at http://www.dccpcl.org.

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Thirtieth Annual Washington, DC, Historical Conference, November 7-8
Debra Truhart, debra.truhart@dc.gov

The thirtieth annual Washington, DC, Historical Conference will be held on Friday and Saturday, November 7 and 8, from 10:00 a.m. to 6:00 p.m., at The City Museum, 801 K Street, NW. Now in its thirtieth year, the Washington, DC, Historical Conference is sponsored by the Washingtoniana Division of the DC Public Library, The Historical Society of Washington, DC, The Center for Washington Area Studies, The George Washington University. and the Humanities Council of Washington, DC It will be held on The conference will feature lectures, tours and other activities. To find out more information, log on to http://www.citymuseumdc.org. Public contact: 383-1809.

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CLASSIFIEDS — HELP WANTED

East River Family Strengthening Collaborative, Community Services Director
Dona Jenkins, dfjenkins@cfsa-dc.org

ERFSC is seeking a Community Services Director to lead its Community Services Division. The incumbent is responsible for the day-to-day management and leadership of the Community Services Division. The incumbent performs all related activities connected with the administration of the program, which includes supervising staff; planning and implementing programs and internal systems; conducting outreach and engagement activities with key community stakeholders with a primary goal of identifying traditional and nontraditional neighborhood, community, and citywide resources; and developing strategies to help families become financially self-sufficient. The Community Services Division is responsible for, but not limited to, the following activities: housing, foster parent support, community engagement, parent caregiver, fatherhood initiatives, and financial asset management. Qualifications include at least a Master's or related degree with project management experience and knowledge of issues facing families and communities. Experience in asset management is a plus. Upon application, a detailed job description will be available. To apply, send cover letter and resume to Mae H. Best via fax at 397-7882, via E-mail to mbest@erfsc.org, or via mail to: Mae H. Best, ERFSC, 3732 Minnesota Avenue, NE, 20019. No phone calls please.

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CLASSIFIEDS — RECOMMENDATIONS

Seeking Contact for Artist Claudia McInerney
Joan Eisenstodt, jeisen@aol.com

Claudia used to live and work on the Hill, and did one of the “party animals.” She used to be at Eastern Market on Saturdays (and hasn't been), and lives now in WVA. If you have a contact phone or E-mail for her, please send to me.

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Tree Pest
Mary Chiantaretto, mariuccia@comcast.net

I have two trees in my back yard whose leaves are apparently infested by a pest. Who knows how I can get a treatment for them?

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