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January 7, 2004

Gotcha

Dear Victims:

The government is playing gotcha with us again this week. The Friday after New Year's Day was a holiday for most of us, but not an official holiday for the District government. The regular listing of holiday closings in the Washington Post, which is where most of us get our information about what will be open and closed, published the information — which it said it got from the District government — that on January 2, 2004, parking restrictions and meter charges would be the same as on Sundays and holidays. And to the suckers who believed that one, the District government said, “gotcha, here's your parking ticket.” How does the government propose to make good the injustice? Quite frankly, it doesn't. The mayor or the Department of Motor Vehicles could quite easily and simply have waived any of the undeserved parking tickets. They didn't, of course. Instead, citizens are being put through the inconvenience of appealing their tickets. If the government actually intended to honor these appeals it wouldn't make its citizens go through this procedure, since everyone who appeals will have the same excuse. But officials know that making it inconvenient for citizens to attempt to get our tickets waived will discourage most of us from trying, and that denying the remaining appeals individually will escape the glare of bad publicity.

Another example of gotcha is the city council's delay of its vote on reducing the cap on property tax increases from 25 percent a year to 10 percent a year. Councilmembers are still framing the issue upside down — arguing that if your property taxes are a thousand dollars this year, and if they rise to only $1100 next year, instead of to $1250, the government will lose $150, rather than gaining an additional $100. Councilmember Kathy Patterson, who introduced an amendment to the property tax cap bill to delay the lowering of the cap for one year, argues below that this delay is necessary. What she demonstrates is that allowing the excessive and extortionate 25 percent increase to go through this year will cost taxpayers an additional $23.7 million —- not only in this year, but in every subsequent year, since this new rate will be established as the floor. Again, let's get the language straight. Capping tax increases doesn't mean the government will get less money from taxpayers — it only means the government will get less additional money. If the council wanted to budget for less of an increase, it could, but it would rather sock home owners and taxpayers with higher bills.

The executive summary of a draft proposal for the “DCPS High School Reform Initiative” has been posted at http://www.dcpswatch.com/dcps/0312b.htm. It has a link to DCPS's online response questionnaire for commenting on the draft.

Gary Imhoff
themail@dcwatch.com

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Housing Inspections
Tolu Tolu, tolu2books@aol.com

I am seeking stories and investigations of DC housing inspectors not doing their job. I am filing a DC Civil Personal injury lawsuit that involves a DC real estate property investor, broker, and architect who are completing a major rehab on a row house without any permits or license. This rehab work resulted in my breaking my ankle in my own back yard. This was in 2001, and the row house is a 100-year-old property that had not been rehabbed before.

Even though I complained to the DC housing inspectors at least five times, there never was a stoppage of this illegal and dangerous work. I ended up having an accident and injury from tripping and falling in my back yard from their construction debris. Why wouldn't the inspectors address this major DC housing violation?

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Rude and Inconsiderate
Ed T. Barron, edtb@aoldotcom

As a fairly frequent rider on the Metrobus system in DC, I have had lots of time to observe the misbehavior of Metrobus riders. Specifically I'd like to focus on those who get off the bus using only the front exit. In New York that is a cardinal sin. Only those who are disabled or infirm in the Big Apple would ever leave by the front door of a city bus. Here in DC, it is almost the only way people will exit the bus. On my trip downtown Monday morning at about 9 a.m., I rode the N bus from 48th Street, NW down to K Street and Connecticut Avenue.

During that ride almost one hundred folks boarded the bus and that same number exited. Of that one hundred or so folks (none infirm or disabled) only seven exited the bus using the rear exit doors (and I was one of those seven). More than half of those exiting the front door were much closer to the rear exit doors. Some folks all the way at the back of the bus would signal for a stop, wait for the bus to stop, and then leisurely walk all the way to the front of the bus to deboard. This folks, is both rude and inconsiderate. It probably adds about twenty percent additional time for making the bus run downtown and creates some unpleasantness between those trying to board and those exiting the bus.

Since the rude and inconsiderate behavior of DC Metrobus riders is unlikely to change, then the transportation folks in DC should modify their specs for new buses in DC. They should be specifying buses that are hybrid powered buses (using a combination of fossil fuel engine and electric motor, a la the Toyota Prius, and without the rear exit doors). Leaving off a rear exit door on the bus would save about five percent of the procurement price.

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Parking Ticket Snafu
Brian Vogel, vogelbp@mail.com

Tim Cline writes (themail, January 4) about an announcement in The Washington Post regarding parking regulations for Friday, January 2, being the same as Sunday regulations. The city parking enforcers appear to have believed otherwise. I was also the victim of the same sort of snafu on Friday, November 28, 2003. I simply presumed that Friday of Thanksgiving weekend would not include standard rush hour restrictions. I also was sure I'd heard that these had been lifted on all the area HOV lanes. Does anyone know how to confirm when and whether restrictions have been lifted? I'd love to be able to find out after the fact, but have not been successful. I wrote to the DC Government via their web site to get further details, and this is the non-helpful reply I got:

“This is in response to your e-mail requesting detailed information about RUSH HOUR PARKING restrictions. Detailed information concerning all PARKING restrictions can be found in the District of Columbia Municipal Regulations (DCMR), Title 18, Vehicles and Traffic, Chapter 24 STOPPING, STANDING, PARKING AND OTHER NON-MOVING VIOLATIONS. Also, definitions can be located in the back of the DCMR. The DCMR can be obtained from the D.C. Office of Documents and Administrative Issuances, 441 4th Street, NW, Room 520. Just for your information, we do not have an official listing of locations where the RUSH HOUR PARKING restrictions exist. However, if you are inquiring about a specific location I will be happy to assist you.”

It's really sad when these restrictions cannot be accessed online and when those in charge don't maintain any official listing of locations where these restrictions are in force.

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Parking Enforcement on January 2
Mary L. Myers, DPW, mary.myers@dc.gov

The Washington Post, like all other conduits of mass communication, is prone to an occasional error. However, DPW does not confine its public outreach to the print media alone. DPW sends news releases regarding scheduled services changes, holiday trash collection, and other announcements — via E-mail and/or fax — to Councilmembers, government agencies, and several thousand residents on twelve community listservs, in addition to print, broadcast, and electronic media. The DPW holiday services schedule was disseminated three times — before Thanksgiving, Christmas, and New Year's Day — to the entire distribution list. In addition to coverage in the print media, I noted that the listservs published the services schedule before all three holidays. themail also published the holiday services release at least once (on December 24). Each time in each outlet, the release stated that January 2, 2004, would be a regular business day. The same information can be found on the DPW website.

Personally, I am very sorry that some Washingtonians started the new year with a parking ticket. However, there is a remedy. If Mr. Cline and others believe they received parking tickets in error, he/they should simply follow the mail-in adjudication instructions on the back of the ticket. The adjudication officer at DMV will review the ticket, and any correspondence included, before making a decision to uphold or rescind the ticket. The process is no more onerous than writing a note, stuffing an envelope and affixing a stamp.

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Property Tax Cap Legislation
Kathy Patterson, kpattdc3@aol.com

Here is the record on my role in the Council’s consideration of Bill 15-303, the “Owner-Occupant Residential Tax Credit Act of 2003,” to lower the 10 percent the cap on annual property tax increases for owner-occupied housing, which I cosponsored and continue to support. At the committee markup of the bill on November 25 I voted for the bill, while noting, as stated in the Finance and Revenue Committee report on the legislation, that I “would recommend changing the effective date of the legislation to FY 2005 should we be unable to identify funds in the current fiscal year.” The most recent estimate is that the tax cap will result in a $23.7 revenue reduction for fiscal year 2004. At the December legislative session I moved an amendment to delay the effective date, accepted as “friendly” by Councilmember Evans because, like other supporters, he knew it would be ruled out of order without the amendment. Council Rule 443, which governs fiscal impact statements, requires “an identification of the revenues and funds currently available to implement the measure, if it is to be implemented within the current fiscal year.” As reported out of committee Bill 15-303 did not meet this requirement and would not have been sent forward for final approval.

The Council will consider the tax-cap legislation, as well as a substitute proposal offered by Councilmember Mendelson, at a special session on January 20th. Prior to that date, Chief Financial Officer Natwar Gandhi is expected to officially certify a revised FY 2004 revenue estimate more than $90 million higher than prior estimates. This would enable the Council to enact the property tax cap this year while keeping the budget in balance, and is a step that I recommended and support. The Council appears fairly evenly split between the two measures of tax relief — the cap and the Mendelson amendment, which includes a 20 percent cap and an expansion of the homestead deduction. The Finance and Revenue Committee has scheduled a hearing Tuesday at 10 a.m. on the homestead bill and other tax measures, and those supporting the 10 percent cap might want to testify on the need for relief from higher assessments as a more urgent priority than changing the homestead benefit.

As to my adherence to budget rules, criticized in themail, the District’s current budget rules were written during and after the city’s financial crisis. I joined the Council as the crisis became evident, and had a role in moving the city to a surer financial footing. Budget discipline was hard to achieve and is difficult to maintain, and is not something I am likely to abandon.

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Public-Private Initiatives and DCPS
Sue Hemberger, Friendship Heights, smithhemb@aol.com

Unlike Matthew Gilmore [themail, January 4], I don't see self-congratulatory press releases from the 21st Century Fund and LCOR as necessary context for addressing the questions I'm raising about whether public-private initiatives should be allowed to override DCPS's system-wide prioritization of capital improvement needs. I do agree, however, that Oyster School is a case worth studying. I haven't ferreted out all of the relevant details yet, but clearly the claim that public-private initiatives can be used to provide us with new schools that will cost taxpayers nothing is bogus. In the Oyster case, DCPS gave up a $3 million parcel of land it owned, issued an $11 million dollar bond to be repaid (at least in part) out of money the developer would otherwise have owed the city in taxes, and pledged a $250,000 "success fee" to the nonprofit organization that brokered the deal. Transferring assets, taking on debt, and foregoing future income all involve costs to the city and thus to its taxpayers. Oyster wasn't a school that we got for free.

At a minimum, the city will end up paying a total of about $13 million dollars for the construction of Oyster over the 35-year life of the bond. ($9,744,000 in lost property taxes plus $3 million in land plus the $250,000 fee). The cost could be substantially higher if DC waived more than just LCOR's property taxes (e.g. if it waived taxes it otherwise could have collected on rental income for the building), if the city had to service the debt during construction, if the apartment building appreciates over the next 35 years, if the tax rate on multifamily property increases during that period, or if there were other costs associated with building the school that weren't reported in the articles I've read. These are the kinds of details that would be needed to determine whether the Oyster public-private initiative was a good deal for the city. I share Harold Foster's skepticism [themail, January 4] that desperate/cash-strapped public institutions making these deals are likely to drive good bargains when negotiating with private profit-making entities like LCOR who are repeat players in the public-private initiative game and who can afford to take or leave any particular project offered to them. I'd love to see someone do a full accounting on the Oyster project, rather than just a puff piece. But we've certainly got enough information already to know that the city/school district paid a substantial amount of money to build Oyster.

And even if a full accounting would lead to the conclusion that the money the city spent on Oyster was money well spent and that the public-private partnership was the most advantageous way of financing the construction of a new school, that doesn't mean that Janney's public-private initiative is a good idea. Oyster does not appear to have presented the same equity issues that Janney does. As far as I can determine, there was no comprehensive prioritization of DCPS's capital improvement needs at the time that the Oyster deal was made. I've also gotten the impression that, had there been such a prioritization, Oyster might well have been near the front of the line. It was a highly successful program being housed in a building that the school district was talking about tearing down. So, arguably (again, I may not have all of the details and I'm eager to learn more), the queue-jumping issue that Janney presents was not present in the Oyster case. And the rationale for queue-jumping, remember, is that Janney's gain does not represent any other school's loss because Janney would be getting this new wing at no cost. That's clearly not the case. The public-private partnership proposals that the Janney committee describes would involve the sale of DCPS-owned land and, perhaps, the earmarking of tax revenues generated by future development on that land to fund capital improvements for the school. I think that we should question whether the sale of this land and its designation as a special tax district would be in the city's/school district's best interests, but even assuming that they are, then, in both cases, the income produced could be spent on other schools whose needs have been determined to be greater/more urgent than Janney's. This is not inherently a situation where if Janney isn't allowed to benefit from such a transaction, then the opportunity for revenue-generation must be lost entirely.

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New Year’s Notion for Commuters to DC
Harold Goldstein, mdbiker@aol.com

[Len Sullivan, themail, January 4, wrote:] "Instead of pressing for handouts from the suburbs, wouldn't it make more sense for DC residents to belly up to their own costs of living in the nation's capital, while those living in its suburbs belly up to paying the real costs of alleviating regional traffic gridlock?" I hate the DC government, and the attendant hassles of living with it was a contributing reason for my recent departure for the countryside. But I hate even more this absurd notion that, in asking for the right to tax the users of its services, the city is asking for a handout. Are other cities with commuter taxes asking for handouts?

And as for traffic gridlock, which the writer implies is not being solved because of DC's unwillingness to pay, there are various complex formulas in use to pay for transportation costs based on proportionate usage of the various nodes so the jurisdictions are already attempting to allocate those costs fairly.

Finally, for now, the fiction that you can alleviate traffic gridlock by throwing money at capital projects is just that, a fiction. You can not point to a single situation in this country where spending money on new highways, or, for that matter, traditional transit systems, have alleviated traffic congestion. Quite the opposite. New transportation supply just generates new transportation demands, which further exacerbates gridlock. An entire new approach to planning, which attacks both the supply and demand sides, is needed. Consider that, at effectively no cost, one can reduce peak demands tremendously by going to a four-day work week., expanding telecommuting, and flextime, and compare that with spending billions and achieving little.

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Commuter Tax
Marc Kevin Battle, Thomas Circle, Mkbattle1@alum.howard.edu

I am sick and tired of the self-righteous lecturing of DC's suburbanites who have become accustomed to robbing the District's treasury through their failure to pay taxes on their income where it is earned. Because Congress, at the behest of Maryland and Virginia, unfairly prohibits the District from utilizing the same local taxing mechanism available to every state in the country, suburbanites such as Len Sullivan [themail, "New Year's Notion for Commuters to DC," January 4] feel as though ceasing to receive their ill-gotten gains would amount to "handouts from the suburbs." Taxes on income where it is earned are not handouts nor an anomaly. What is an anomaly is the continuing disgraceful meddling of Congress in its efforts to abuse the unrepresented citizens of the District to the benefit of those in Maryland and Virginia. Len Sullivan and other "aggrieved" commuters should take a moment to honestly contemplate the unwarranted greed-based unfairness of Congress, rather than arrogantly deriding every fiscal policy within the District that they determine to be unwise.

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Automated Traffic Enforcement
Jacqueline Dupree, jacdupree at yahoo dot com

[Re: Candace L. Davison, "Automated Traffic Enforcement," themail, January 4:] Would Candace like to tell us how she knows for a fact that the other cars around her didn't get tickets, too? And how is going 61 in a 50 mph zone not against the law?

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CLASSIFIEDS — EVENTS

UDC-DCSL Panel on Guantanamo Bay Prisoners, January 9
Joe Libertelli, jlibertelli@udc.edu

Save the Date! UDC David A. Clarke School of Law Professors James Gray and Will McLain and Virginia attorney, professor, and political commentator Elaine Cassel will discuss the American-held prisoners at Guantanamo Bay. Are they being held in violation of the US Constitution? How will the Supreme Court decide this case? Join the UDC-DCSL American Constitution Society for the first in a series on events in the news. Friday, January 9, 12:00 p.m., Room 205, Building 39, UDC David A. Clarke School of Law, 4200 Connecticut Ave., NW (Red Line, UDC/Van Ness Metro), free. For further information: Debbie Anderson, dcande01@syr.edu.

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Democratic Presidential Candidates’ Events, January 9
Sean Tenner, DC Democracy Fund, stenner@mrss.com

With the January 13th DC primary barely a week away, I hope you'll take the time to attend some great local events to support your favorite presidential candidate. If you are a fan of Governor Howard Dean, or of DC's great local music scene, please attend a benefit concert at the Black Cat on Friday, January 9. Doors open at 9:30 p.m., and tickets are just $8 at the door. Funds raised will support efforts to get out the vote for Howard Dean in the DC primary. The Black Cat is at 1811 14th Street, NW (U Street-Cardozo Metro). The show features an amazing and diverse lineup: Citizen Cope, recently returned from touring Europe with Santana, will lead things off. Then comes No Skilz vs. King Bass of 302 Acid, a DC-based collective of artists who combine their music with real-time audio and video sources to create multimedia events. They are big supporters of the local arts scene, and are described by the Washington City Paper as a band that “is in the right place at the right time . . . that can certainly deliver.” Finishing off the show will be one of the DC voting rights movement's biggest allies in the local music scene: Los Hermanos Rodriguez. They are described by the Washington Post as, “making some of the most interesting rock in this town since Fugazi” and as “one of DC's best . . . a brilliantly rocking trio.” Come out Friday to this great event!

Congressman Dennis Kucinich, a longtime DC voting rights supporter in Congress and progressive leader, will be meeting for lunch with voting rights activists and citizens at Mimi’s Bistro on Friday, January 9, from noon to 1 p.m. Mimi’s is located at 2120 P Street, NW. The nearest Metro is DuPont Circle South. All are invited. The Congressman has been unwavering in his support of the DC primary and the drive for equality in DC. Come have some great food and talk to him about the issues facing our city. Please contact his DC campaign coordinator, Yu-Lan Tu at 240-888-4871 or yu-lan@kucinich.us, for more information. If you are backing former Senator and Ambassador Carol Moseley-Braun, please join her at the wildly popular hot spot Bar Rouge in the Hotel Rouge at 1315 16th Street, NW, on Friday, January 9. The event is tentatively scheduled for 7 p.m. Please contact her DC campaign coordinator Peb Ali at 256-9129 for information. Reverend Al Sharpton has raised the DC voting rights issue for the entire country at recent nationally televised Democratic debates and forums, and has made DC statehood a focal point of his campaign. He was the first candidate to open a campaign office in DC and has been a fixture at local events. To join the Reverend at an upcoming campaign appearance in DC or to volunteer, call 581-5439 or stop by his office at 2526 Pennsylvania Avenue, SE (Minnesota Avenue/Benning Road Metro).

Finally, don't miss the DC Primary Presidential Candidates debate on WTOP radio at 10:00 a.m. on Friday, January 9. Voting rights proponent and radio personality Mark Plotkin will discuss DC issues with presidential candidates in what is certain to be a lively discussion! Listen to the debate on WTOP radio at 1500 AM, 820 AM or 107.7 FM, see the web cast at http://www.wtop.com, or watch it in person in the Crossfire studio at 21st and H Streets, NW, at George Washington University (across from the Marvin Center). Whomever you support, remember to vote in the Tuesday, January 13 DC primary for the candidate you believe will stand up for DC in the White House! Polls are open 7 a.m. to 8 p.m. and you can call 727-2525 for voting and polling place information.

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Dean for President Rally, January 10
Jeffrey Norman, jeffrey.norman@att.net

Everyone is cordially invited to a Howard Dean for President rally at the First Congregational Church, 10th and G Streets, NW, next to the MLK Library) on Saturday, January 10 from 2-4 p.m. For further information, contact Jeff Norman, Precinct Captain for Precinct 32 in the DC for Dean campaign.

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Home Rule Book Talk, January 13
Mychalene Giampaoli, mgiampaoli@citymuseumdc.org

Visit the City Museum on Tuesday, January 13, 6:30 p.m.-8:00 p.m. to hear Dr. Michael Fauntroy discuss his new book, Home Rule or House Rule? Congress and the Erosion of Local Governance in the District of Columbia (University Press of America), which looks at the erosion of home rule in the District between 1975 and 1998. Books will be available for purchase in the museum shop. The City Museum is located at 801 K Street, NW, across the street from the new Convention Center. Admission: $5-members; $8-non-members. Reservations are required. 383-1809.

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Primary Election, January 13
Janet W. Brown, janetwbrown@igc.org

Please make sure that voting on the 13th -- just next week -- is on your calendar. This time, it's not so much whom you vote for, but that you vote. This exercise is about making the Democratic Party, which always seems to take DC for granted, pay attention to the unfairness and injustice of withholding our basic right to full congressional voting representation. Please rally all your neighbors and friends and make sure they get to the polls. We need to make a good showing. You won't be allowed to vote for the five cowardly candidates who won't stand up to the party (wouldn't it be nice if they had all gotten together and all agreed to be on this ballot even if the DNC doesn't recognize our primary?), but go out anyway and vote for one of the ones that does stand up for DC.

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Anacostia Waterfront Initiative at National Building Museum, January 14
Briana Hensold, bhensold@nbm.org

To open the National Building Museum's first exhibition of 2004, D.C. Builds: The Anacostia Waterfront, architect Lord Richard Rogers will join Mayor Anthony Williams and Andrew Altman, director of the D.C. Office of Planning, at the Museum from 7:30-8:30 p.m. for a free, special program on Wednesday, January 14. Mayor Williams and Altman will present the Anacostia Waterfront Initiative (AWI), a partnership among various D.C. and federal agencies that will create a new, vibrant river front for an area that historically has been neglected and misused. The initiative seeks to unify the waterfront into a diverse but cohesive mixture of commercial, residential, recreational, and open-space uses through coordinated development and conservation. The D.C. Builds exhibition explores the initiative in detail by examining the Anacostia's ecology, history, and future, and looking at case studies of other river front reclamation efforts in cities like Boston and Providence.

Lord Richard Rogers will expand the content of the program by discussing London's waterfront projects. Known for his design of buildings such as the Centre Pompidou in Paris and the Lloyd's Building in London, Rogers is also active in developing the planning and urban renewal strategies for London. As a member of the Mayor of London's Advisory Cabinet and chief advisor on architecture and urban design to the Greater London Authority, Rogers faces some of the same challenges in London that Altman and Mayor Williams are addressing with the AWI.

D.C. Builds will be open to the public from January 17 through May 23. The opening lecture and exhibition preview is free. Advance registration is required. Register online at http://www.nbm.org or call 272-2448.

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An Evening for Iran, January 24
Ramesh Sepehrrad, ncwdi@igc.org

The Iranian-American Organizations and communities, along with the American Red Cross, are hosting an event at the Washington, DC, Convention Center on January 24, at 5:00 p.m. All the proceeds of this event will go the American Red Cross fund for the Bam earthquake victims. "An Evening for Iran" event is the first international gala that will host distinguished speakers from US, Europe, along with international artists and musicians in honoring all the victims in Iran. This is an evening for the people of Iran. This is an evening to remember the victims of earthquake along with the victims of human rights in Iran. This is an evening of solidarity with Iranians and their struggle for democracy and peace. For more information please visit http://www.iran-solidarity.org

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CLASSIFIEDS — HELP WANTED

Legal Secretary, Full Time, Immediate Opening
Jon Katz, jon@markskatz.com

Silver Spring, Maryland. Marks & Katz, LLC, is a growing law firm fighting for justice, individual rights, and the underdog . We have an immediate opening for a legal secretary with a minimum of one year of legal experience to assist in work including criminal defense and Constitutional defense. Top pay and benefits. Pluses include at least two years of private law firm experience and experience in a fast-paced workplace. Please send, only via E-mail, a text version of your resume, a persuasive cover letter (designating "Legal Secretary"), salary history, and relevant references, to Jon Katz, justice@markskatz.com, Marks & Katz, LLC. Please refrain from E-mail attachments and phone calls. For more information, visit http://www.markskatz.com.

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CLASSIFIEDS — FREE

Gas Stove to Columbia Heights Nonprofit
Tom Carmody, thomascarmody@rediffmail.com

I have a gas stove available immediately for donation to a nonprofit organization in the Columbia Heights neighborhood. It is a Tappan, self-cleaning stove in good working order and appearance. You will only need to provide the labor to come to my house, disconnect the gas line and remove the stove. Please call to discuss: 301-657-2934, evenings and weekends.

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