Keep It Secret
Dear Truth Seekers:
There’s one common thread that unites Sue Hemberger’s, Marc
Borbely’s, Jonetta Rose Barras’s, Cherita Whiting’s, and Dorothy’s
messages in this issue of themail — the enormous difficulty of getting
information out of the District government under the Fenty
administration. Indeed, the administration seems to take pride in its
ability to withhold information and keep secrets from the public and
even from the city council. I spoke with a councilmember today who
brought up, without my urging, the frustration of trying to pry public
information from city departments and agencies.
Here’s one more example: the city council wants to make some
changes to its facilities in the Wilson Building, and to do that it
needs to get a copy of the architectural plans of the building from the
Office of Property Management. It has been trying to get those plans for
over six months now, and it has run into a series of delays and excuses.
If the administration will stonewall the city council for six months on
an item as neutral, inconsequential, and public as the plans for the
very building in which councilmembers have their offices, can you
imagine the difficulties and denials it places in the way of citizens
and reporters who request information that may reflect badly on its
plans and claims? Well, if you’re reading themail, you probably can
imagine it.
On Monday morning at 11:30 a.m., the Statehood, Republican, and
Democratic state committees for DC, Maryland, and Virginia, Mayor Fenty,
Maryland Governor O’Malley, Delegate Norton, and Virginia
Representative Moran will all gather on the steps of the Wilson Building
to encourage people to vote in Tuesday’s presidential primary
election. This is an election that in DC is only for a national office,
but it is taking place locally in DC, so I guess that it qualifies for
mention in themail. In addition, anything that brings this diverse a
group together at one place for one common purpose is worth noting.
Gary Imhoff
themail@dcwatch.com
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Something Rotten in the State of DC
Dorothy Brizill, dorothy@dcwatch.com
On Tuesday, DC voters will go to the polls to vote in the
presidential primary. The election will be overseen by the District’s
Board of Elections and Ethics. Over the past fifteen years, I have
regularly attended the monthly meetings of the BOEE and have on occasion
brought issues to the Board’s attention, including the massive forgery
on Mayor William’s reelection petitions in 2002 and the violations of
District and federal laws with regards to the 2004 and 2006 slots
initiatives. But I wasn’t prepared for what occurred at the Board’s
monthly meeting on February 6. Rather than approve of the minutes of its
previous meeting on January 9, Board members Charles Lowery and Lenora
Cole adopted a resolution to alter the public records of the meeting,
including the stenographer’s transcript of the meeting and the written
minutes, to delete any reference to issues and concerns that I had
raised at the January meeting regarding the operations of the Board.
At last week’s meeting, I told the Board that I did not believe
they had the legal authority to alter the official transcript of a
public meeting of a government agency. After the Board meeting, I
reviewed the District’s Municipal Regulations governing the operations
of the Board (Volume 3) and found that “regular meetings of the Board
shall be open to the public” (Section 102.3); “the minutes of Board
meetings and hearings are a matter of public record” (Section 405.1);
“the transcript . . . shall be the sole official transcript of the
hearing” (Sec. 405.4); and “changes in the official transcript may
be made only when they involve errors affecting substance. . .” (Sec.
405.7).
I also went to the District’s Office of Boards and Commissions (OBC)
to review the instructions about official meeting records in the
handbook for board and commission members that the office has regularly
provided to the public and had previously published online. The handbook
had been removed from the OBC’s web site. The receptionist indicated
that the handbook was being revised and that no copies — old or new
— were available. When I said that I simply wanted to see a copy, old
or new, she said she would try to locate one. When I returned to the
office two days later, and someone working in an office with the name
tag Shomari Wade, Esq., but who refused to tell me his name or position,
said that in order to secure a copy of the handbook I would have to file
a written Freedom of Information Request to the mayor’s general
counsel, Andrew Richardson, who is the interim replacement for Peter
Nickles. OBC’s director, Bridget Davis, told me that she could not
tell me when the new handbook would be available, other than to say it
would be “less than a year.” The mayor’s general counsel, Andrew
Richardson, said that that the Fenty administration could decide that
“all DC government documents may be the subject of FOIA,” and stated
that, “We can’t allow folks to just walk in and for people to give
away government records or documents.” This interpretation directly
contravenes District law, which provides that individuals have a right
to inspect any public record (Sec. 2-532), except where disclosure is
exempt under Sec. 2-534, and that a FOIA request needs to be made only
when there is some question as to whether information in the record
would fall under these limited exemptions. Richardson effectively
announced to me that his policy as the mayor’s general counsel will be
to require a FOIA request for all public documents, thereby deliberately
misinterpreting and abusing the FOIA law to limit the public’s access
to information from its government.
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Tenleytown RFP
Sue Hemberger, Friendship Heights, smithhemb@aol.com
On Friday, February 1, nearly a month after the deadline for
submissions had passed and three proposals had been received, the Office
of the Deputy Mayor for Planning and Economic Development (DMPED) has
chosen to revise the terms of the Tenleytown Request for Proposals (RFP)
radically. The rebuilding of the Tenley-Friendship branch library (fully
funded and already underway) will proceed independently from any
public-private partnership involving the expansion and modernization of
Janney Elementary School and the construction of affordable and
market-rate housing at this location.
On the one hand, I’m happy to see that our much-delayed library
project won’t be derailed once again. On the on the other hand, I’m
amazed at the incompetent way DMPED has handled this whole project. Two
of the three developers who submitted proposals relied heavily on the
component of the project that now seems to have been prohibited (a
mixed-use library/residential building). One wasn’t even notified of
the amendments to the RFP or of the new deadlines (two weeks to create a
proposal for doubling the capacity of an elementary school and finding a
new location for the more than one hundred residential units each
developer had proposed!). No word yet from Roadside Development, whose
unsolicited proposal prompted the issuance of the RFP, and who may have
been the only contestant to anticipate this turn of events.
This is a project that has been mishandled from Day 1, which, judging
from recently FOIA’d documents, was sometime in January 2007, when
ex-Roadside employee and DMPED’s new Director of Development David
Jannarone and ex-DMPED employee and Roadside’s new Vice President
Susan Linsky began developing a strategy to get Roadside’s proposal
for a public-private partnership at the Janney School/Tenley-Friendship
Library site approved. Jannarone’s conflict of interest, coupled with
DMPED’s failure to seek council approval for the project or even to do
the site planning necessary to determine whether there would be any land
left over once Janney’s facilities needs were met, has tainted this
process from the beginning. And if competitive bidding looked like a
sham when every other developer was given two months over the holidays
to develop a school/library/housing project that Roadside had been
working on for at least a year, imagine how it looks now when the rules
of the competition are changed retroactively and applicants are given
only two weeks to rethink the project without the library in the mix.
It’s time for Mayor Fenty to tell DMPED to start over and do this
right. Don’t put this campus on the auction block unless and until it
is determined that there will be excess land on the site after Janney’s
facilities needs have been met. Then take the project to the council and
ask for the land to be surplussed. Draft an RFP that clearly and
accurately lays out what the project is and what the selection criteria
will be. Provide enough time to enable developers to write realistic and
detailed proposals. Make their submissions public and give the school
and the ANCs representation on the selection committee. Meanwhile, I
hope the concerned citizens will urge the council to provide the DC
Auditor with the resources necessary to investigate DMPED’s handling
of public land sales and leases. The problems we’ve had in Tenleytown
are happening in neighborhoods citywide. Last week, an ANC 3E special
committee (of which I am a member) requested an investigation into DMPED’s
decision-making in issuing the Tenleytown RFP. While the DC Auditor
acknowledged the importance of the issues we raised, she also indicated
that other priorities kept her from pursuing this particular case but
added that public land may be a focus in future audit work. Deputy Mayor
Neil Albert seems way too eager to play Let’s Make a Deal (without
making sure it’s a good deal) and the council grumbles but ultimately
goes along. We need a more systemic look at what’s going wrong and
why, otherwise DC government will keep making the same costly mistakes
over and over again.
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Well, since December what has the Education Ombudsman done for the
residents of the District of Columbia, for parents, students, and
employees of DC Public Schools? On the first day of the out-of-boundary
process, I was flooded with questions from parents of students whose
schools remained on the school closure list. The DCPS web site was not
updated with the correct information for the open slots, and three
schools (Murch, Hyde, and Oyster) were not even listed as options for
parents to choose from. It seems to me that, since the reasoning behind
having an Ombudsman is to ensure fairness and to resolve conflict for
parents, students, and employees of DCPS, on the first day for the “out-of-boundary”
process, the Ombudsman should have made sure that DCPS presented
accurate information for parents to have a chance to make the best
decisions on where to send their children. This was not the case, since
the information on the web site still showed data from last year.
In reviewing the Ombudsman Report, I was horrified to see that she
listed twelve students who were in the eighth grade at age seventeen.
Seventeen! It should have been a priority to her office to seek and find
an educational avenue for the students and their parents to move these
students to a better learning environment for them. At the very minimum,
they should be given preparation to take the GED, given night school, or
offered something other than having to sit in class with eighth graders
and age seventeen. The report also lists the number of in-person visits
to the Ombudsman’s office in the month of December were only five.
With all the problems across this city, that can’t be right. If it is
right, then a high percentage of parents and students must not know
there is an Ombudsman who should be at their service.
In most cities, Ombudsmen work more hours than most because the
person in that position is the person to go to for results. In DC, it
seems to be just another six-figure job that doesn’t rock the boat.
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Open Letter Urges Rhee to Submit Schools
Budget in Time for Mayoral Hearing
Marc Borbely, borbely@FixOurSchools.net
DC Public Schools Chancellor Rhee is planning to submit the proposed
DCPS budget “at the end of this month or early in March.” This would
mean that the public will lose its main opportunity for commenting
formally on her budget. Every year, a mayoral hearing is held on the
proposed DCPS budget. “In no event shall this hearing be prior to the
annual submission by the Chancellor of its proposed budget to the Mayor.”
DC Code §38-917(2) (http://tinyurl.com/2kcebg).
Other provisions of this same law, passed through a citizen’s
initiative in 1987, require the schools budget this year to be submitted
to the mayor by February 13. If the budget is not released by February
19, the mayoral hearing will be pretty much a joke, and parents,
teachers, students, and neighbors would lose a significant opportunity
to ensure that the Chancellor and Mayor’s priorities are at least
somewhat aligned with the public’s priorities.
The budget this year will incorporate significant policy decisions.
It will likely include specific dollar proposals for items such as the
base levels of per-student funding, No Child Left Behind restructuring
at twenty-seven schools, “enhanced staffing” at certain schools, and
the more than forty new programs (such as high tech campuses, fine arts
programs, and Montessori) the Chancellor has promised to institute next
year.
Parents who value their legal right to comment on the proposed budget
have drafted an open letter to the Chancellor, to be sent to her tonight
(Monday). A copy of the letter and instructions for signing on (the
deadline is 8 p.m. tonight) are posted at http://fixourschools.net/Rheebudgetletter.shtml.
All are welcome to sign on.
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DPR: Who’s Got the Money
Jonetta Rose Barras, Rosebook1@aol.com
Who is Evelyn Woolston? Answer: one third of the Department of Parks
and Recreation’s financial accountability structure. The agency’s
director, Clark Ray, and its chief financial officer, Keith Fletcher,
represent the other two thirds of the DPR’s fiscal control system. A
former head of the Arts Club and long time patron of the theater and
dance communities, Woolston also is chair of the Recreation Assistance
Board. By law, she and her members help to oversee the DPR’s
Recreation Enterprise Fund, which is separate from the agency’s
operating budget.
Between 2005 and 2007, the DPR deposited a total of $5.3 million in
its Recreation Enterprise Fund. Those revenues were collected from a
variety of sources including senior citizens programs, daycare services,
permits, and general administrative fees, according to interviews with
agency officials and finance documents obtained under the Freedom of
Information Act.
While the Recreation Enterprise Fund may be minuscule when compared
with DPR’s general budget, it’s the perfect vehicle to measure the
agency’s financial management system. After conducting interviews and
reviewing reams of documents, I have found that the fund has been
improperly managed for several years. DPR has used its Recreation
Assistance Fund to pay basic, recurring expenses that should be financed
through its annual operating budget. Individuals have been paid for
services that may not have been performed. And, in one case, an
individual received a check from the DPR but immediately returned it;
the check subsequently went to pay for a DPR Christmas Party. (Read the
full story at jrbarras.com.)
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When People Are Given a Chance for
Self-Advancement
Phil Shapiro, pshapiro@his.com
Byte Back is a grassroots nonprofit organization in DC that gives
people the chance to help themselves learn technology skills. Some of
the stories of Byte Back graduates are simply astounding. Graduates not
only advance themselves to better paying jobs, but they pour back much
into the community, too. You can hear a few of these stories, along with
stories from volunteer teachers and board members, in this video shot at
the Byte Back tenth anniversary celebration: http://tinyurl.com/2f3m96
(This QuickTime video is hosted on the Internet Archive, which provides
free, unlimited web hosting for video, audio and text files.)
How can we extend Byte Back — and similar organizations in other
cities — so that everyone who wants to learn technology skills can? A
simple way would be to add a surcharge of one dollar to every new
computer sold in the United States. No one would notice such a
surcharge, and then we’d have $30 million per year to fund
organizations like Byte Back. In my mind, Byte Back has proven its value
a thousand times over. In this information economy we need to create
structural support for organizations like Byte Back, or we’ll
assuredly fall further and further behind in the global marketplace.
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Sample Ballot in the February 7 District
Weekly
Rachel Thompson, rachelwtoo@aol.com
Is it true that we have more candidates on the Democratic primary
ballot who have withdrawn from the race than have not? Is this an error,
or hasn’t anyone at the Board of Elections and Ethics heard of “just
in time” printing? Pages 14-15 in the February 7 District Weekly
section list Richardson, Edwards, Kucinich, Clinton, Obama, and
Uncommitted. Given that we saw Edwards’ votes go significantly more to
Obama than to Clinton in the Super Tuesday races, what happens to the
votes that go to candidates who are no longer in the race?
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Check out your DC councilmembers on Loose Lips video at http://www.washingtoncitypaper.com/blogs/citydesk/index.php/2008/02/07/ll-video-the-real-super-tuesday/.
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This is to advise that the February 2008 online edition has been
uploaded and may be accessed at http://www.intowner.com.
Included are the lead stories, community news items and crime reports,
editorials (including prior months’ archived), restaurant reviews
(prior months’ also archived), and the text from the ever-popular “Scenes
from the Past” feature (the accompanying images can be seen in the
archived PDF version). The complete issue (along with prior issues back
to January 2002) also is available in PDF file format directly from our
home page at no charge simply by clicking the link in the Current &
Back Issues Archive. Here you will be able to view the entire issue as
it appears in print, including all photos and advertisements.
The next issue will publish on March 14 (the second Friday of the
month, as always). The complete PDF version will be posted by the
preceding night or early that Friday morning at the latest, following
which the text of the lead stories, community news, and selected
features will be uploaded shortly thereafter.
To read this month’s lead stories, simply click the link on the
home page to the following headlines: 1) Dupont Circle “Main Streets”
Organization Credited for Programs Helping Merchants; $5 P Street Valet
Parking Starts March 1; 2) Citywide Preservation Groups Raise Objections
at Hearing to Confirm New HPRB Members; 3) Judge Orders City to Respond
to Citizens’ Complaint That Library System Flouted the Law; 4) Free
Recital by Thomas Pandolfi to Showcase First Baptist’s New Steinway
Concert Grand Piano.
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In August I contested two tickets and never heard anything back. Two
weeks ago I needed to renew my registration and, like a previous poster,
I saw that the tickets were still on the record, though the fine had not
doubled. I called the Department of Motor Vehicles, where a helpful
person looked in my record and stated that the tickets were still in
contestment (his word) and not to worry about them. Sure enough, I was
able to renew my registration without a hitch.
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I have great respect for Mai Abdul Rahman’s commitment to education
in the District of Columbia through her work as a teacher and
educational policy activist, but as a homeschooling parent in the
District I must express my concern with some of the notions she has
suggested here (themail, February 3). Ms. Rahman rightly expresses
concerns about the well being of children, but from this seems to
suggest the District require homeschooling parents to set “clear
educational criteria aligned with the school district’s educational
standards” and mandate standardized tests. The issues are dissimilar.
It is unfortunate when a human tragedy becomes fodder for political
debate, but since the District government has decided to link the Banita
Jacks case to homeschooling, I have little choice but to examine it in
those terms. As I have said here previously, it is just common sense
that the city should require homeschooling families to let the city know
that they are providing education outside of the public schools. The
Jacks case is not about education policy but about social services
policy; what Jacks was doing was not homeschooling but coerced truancy.
This episode reminds me of the crackdown on student rights that
occurred following the Columbine High School incident in April 1999. In
the shock following an atrocious but irregular event, policymakers and
regulators looking to “do something about it” singled out societally
unorthodox characteristics of the perpetrators and cast those with
similar characteristics as somehow suspect. In Columbine, it was
students’ attire and tastes in music and entertainment; in the Jacks
case, it is homeschooling. Both conclusions are faulty, to say the
least. For nearly a century, the US Supreme Court has consistently held
that the 14th Amendment’s due process clause should be interpreted to
mean that parents’ rights to direct the education of their children is
a fundamental right, akin to those listed in the Bill of Rights. In
constitutional terms, that means the government has the burden of proof,
and not the parents.
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Disagreement in themail
Gabe Goldberg, gabe at gabegold dot com
Gary opined, “The usual debate over any correctional institution or
agency — prisons and jails, parole services, and so on — is whether
their main purpose is punishment or rehabilitation of people who do bad,
criminal, or violent things”. Quite right. And, while not expressing
an opinion either way on this, nor speculating whether it would work
here, I’ll mention that bonus material on the DVD of Sicko (Michael
Moore’s movie on healthcare) shows interviews with corrections
authorities and prisoners in other countries that shows their balance is
strongly rehabilitation, not punishment or simply warehousing. It makes
any of our Club Fed prisons look like Alcatraz. As a brief review, I
highly recommend watching the movie and all the extra DVD content.
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CLASSIFIEDS — EVENTS
Ward Three Democrats, February 11
Thomas M. Smith, tmfsmith@starpower.net
The Ward Three Democratic Committee will sponsor a community meeting
featuring DC Chief Financial Officer Natwar M. Gandhi. In addition to
updating the committee on the current status of DC’s finances, Dr.
Gandhi will respond to questions from the community. Additionally,
longtime National Democratic Party and women’s rights activist Ann
Lewis also will make special remarks. Lewis is a senior adviser to the
Hillary Clinton for President campaign.
Monday, February 11, 7:30 p.m.-9:30 p.m., Washington Hebrew
Congregation, 3935 Macomb Street, NW.
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Discover Engineering Family Day, February 16
Jazmine Zick, jzick@nbm.org
Saturday, February 16, 10:00 a.m.-4:30 p.m. Discover Engineering
Family Day. Learn how engineers make a difference in the world around us
during the Discover Engineering Family Day. Watch the host of PBS’s
Design Squad rappell from the top of the Great Hall; explore a race car
and learn about the science of racing, and much more. Free drop-in
activity for all ages. National Building Museum, 401 F Street, NW,
Judiciary Square stop, Metro Red Line.
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UDC-DCSL Katrina Law Symposium, February 29
Joe Libertelli, jlibertelli@udc.edu
The University of the District of Columbia’s David A. Clarke School
of Law is proud to host a symposium titled Katrina’s Wake: Emergency
Preparedness and Response from the Bayou to the Beltway. The symposium
will feature leading scholars, advocates, and public officials who will
examine the parallel racial and economic disparities in New Orleans and
the District of Columbia. Topic areas include the administration of
justice, long term and foster care, and accountability in disaster
planning and relief spending.
The Symposium will be held on Friday, February 29, 9 a.m.-5 p.m., in
Building 38, Second Floor Windows Lounge, University of the District of
Columbia, David A. Clarke School of Law, 4200 Connecticut Avenue, NW
(Red Line Metro at Van Ness Station). The event is open to the public
and is wheelchair accessible. Following the symposium, a reception will
be held releasing the new edition of the Law Review.
Last year, UDC-DCSL students, faculty, and administrators traveled to
Louisiana and worked in a variety of capacities on behalf of Katrina
survivors with local organizations. They conducted succession research
to assisting survivors with insurance claims on their homes; provided
assistance to the New Orleans Public Defenders Office resulting in the
release of dozens of accused who had served more time than if they had
been convicted; assisted exploited Latino day laborers to understand
their rights and receive payment; and helped rebuild a home. In December
2007, the Pro Bono Project of the Greater New Orleans Area named
UDC-DCSL its “Law School of the Year,” and faculty members were
honored by the Louisiana State Supreme Court. The University of the
District of Columbia Law Review is a student-run periodical that
publishes articles of topical legal interest. Our aspiration is to serve
the community by raising awareness of important legal issues of social
concern.
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CLASSIFIEDS — FOR SALE
Original 1887 GM Hopkins Map Sale
Paul K. Williams, dchousehistory@aol.com
I’ve just reduced the prices on my twenty-two remaining original
G.M. Hopkins Maps from 1887 in our eBay store. Get them before they are
gone forever, as these are rarely if ever on eBay. They are the
original, color maps showing houses and buildings in Washington at the
time. One is a live auction, the remainder can be purchased immediately,
http://stores.ebay.com/The-House-History-People_Historic-Rare-Maps_W0QQcolZ4QQdirZ1QQfsubZ9599910QQftidZ2QQtZkm
We also have very high quality color prints of each of the 44
original maps if your original map has already been sold! I’ll happily
tell you which map number contains your area of research or interest, http://stores.ebay.com/The-House-History-People_1887-Hopkins-Atlas-Prints-DC_W0QQcolZ4QQdirZ1QQfsubZ10286371QQftidZ2QQtZkm
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