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July 24, 2011

Conundrums

Dear Riddlers:

Over the weekend, commenter “rhhardin” wrote on Ann Althouse’s blog: “Practice safe exposition. Always use a conundrum.” In her item below on Councilmember Harry Thomas, Jr.’s settlement with DC Attorney General Irv Nathan, Dorothy asks some of the conundrums raised by the terms of the settlement.

The most interesting point raised by the settlement agreement and consent judgment may be the addition of a new name to Councilmember Thomas’s legal team. Lawyer, lobbyist, and local fixer Fred Cooke has been joined by the previously unannounced Abbe Lowell, who specializes in helping politicians and other white-collar criminals evade the consequences of their acts, especially at the appellate level. Lowell’s joining in Thomas’ defense may be the best signal yet that the US Attorney is pursuing criminal charges against Thomas, aside from rumors in Ward 5 that a grand jury has already been hearing evidence in Thomas’ case.

In the past, US Attorneys for DC have been reluctant to pursue criminal charges against DC public officials. When he was the US Attorney, Joseph diGenova was roundly excoriated by local home rule and statehood activists for pursuing drug changes against Mayor Marion Barry, seemingly on the theory that local politicians should be immune to federal law. DiGenova’s successor as US Attorney for DC, Eric Holder, took that admonishment to heart — he didn’t bring a single case alleging corruption against public official in DC when he was in office between 1993 and 1997, when there were plenty of cases that could have been brought. Thomas’ case and other cases yet to be heard may test whether under our current US Attorney, Ron Machen, being elected to political office in the District of Columbia is no longer a get-out-of-jail-free card.

Gary Imhoff
themail@dcwatch.com

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Gray’s Report Card
Dorothy Brizill, dorothy@dcwatch.com

On Friday evening, Mayor Gray’s administration issued a report on his first two hundred days in office: http://www.dcwatch.com/mayor/110722.htm. In the “Letter from the Mayor” that opens the report, Gray writes: “When I was elected Mayor, I promised a commitment to transparency and good government. I also outlined my vision for ‘One City” with a focus on four priority areas; quality education, fiscal stability, job creation and economic development, and safe communities. During my first months in office, I have assembled a strong team of managers and together we strive to keep the promised made during my campaign.”

In light of the many scandals and issued that have dogged his administration and his refusal to answer questions regarding his campaign and transition finances and the management of his administration, Gray’s stated commitment to “transparency and good government” is both shocking and unbelievable. In addition, the report details a list of unremarkable accomplishments in four priority areas — fiscal stability, quality education, jobs and economic development, and safe communities. Some of the accomplishments Gray has decided to highlight in the nine-page report include: a cross-agency initiative to reduce truancy, selection of a strong and experienced education team (the appointment of Kaya Henderson as Chancellor of DC Public Schools); meeting with bond rating agencies in New York; nominating new members to the Board of Trustees of the University of the District of Columbia; hosting the “obesity action plan” summit; engaging social media outlets to communicate with citizens; and participating in the US Conference of Mayors meeting.

Originally, the report was supposed to have been released at the mayor’s weekly press conference last week. Apparently, however, the mayor’s staff realized that the press would ask critical questions about it. As a result, the “First 200 Days” report was released after the close of business on Friday while the mayor was away in Los Angeles attending the summer leadership meeting of the US Conference of Mayors.

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Why Settle?
Dorothy Brizill, dorothy@dcwatch.com

On Friday afternoon, DC Attorney General Irvin Nathan issued a press release (http://www.dcwatch.com/govern/occ110722c.htm)  announcing a written settlement agreement with (http://www.dcwatch.com/govern/occ110722a.htm) and a consent judgment against (http://www.dcwatch.com/govern/occ110722b.htm) Councilmember Harry Thomas, Jr. The agreement resolved a civic complaint filed against Thomas in DC Superior Court on June 6, 2011, that alleged that he had “attained largely for his personal use more than $300,000 (in District funds) that had been earmarked for ‘youth baseball programs’ and solicited, with a District charitable solicitation license and without a 501(c)(3) organization, more than $80,000 from private donors for alleged charitable purposes that were never established.” Under the agreement, the District has agreed to dismiss its civil suit, and Thomas will make a total payment to the District of $300,000, with an initial payment of $50,000 today [July 22], and five more installment payments of $50,000 each between now and December 2013.” The settlement does not include any requirement that Thomas repay the $80,000 he took from private donors.

In his press release, Nathan stated that, “We are pleased that Councilmember Thomas has agreed to cooperate with us, repay his debt, and spare the District the burden, expense, and distraction of proving its case in court. In a tweet from Los Angeles, Mayor Gray praised the agreement and indicates that he is “please that complaint against CM Thomas has come to a quick resolution. Applaud AG Nathan for his work and glad settlement benefits kids.” While Gray and Nathan appear to be patting each other on the back, most District residents have serious concerns and questions regarding the settlement, especially since Thomas has neither admitted his guilt nor apologized. In his press release on the settlement (http://www.dcwatch.com/govern/occ110722d), Thomas arrogantly states instead that, “the allegations in the Attorney General’s complaint about there being no service provided and a purposeful misuse of any funds are not true.”

Some of the remaining questions are: why is Thomas being allowed to treat his misappropriation of District funds as a no-interest loan, and permitted to repay the $300,000 over three years with no penalty or interest? With an annual DC government salary of $130,538, how is Thomas going to get the $300,000 repayment, when he can’t even repay his outstanding student loan of $16,000? How will he pay his lawyers’ bills? Will the funds come from a syndicate of political contributors and business interests in DC? Will Thomas have a legal defense fund that accepts contributions from government contractors, Ward 5 strip club owners, and developers seeking to do other projects in Ward 5? Will those contributions go unreported? Does the settlement of the civil complaint undermine any effort by the US Attorney’s Office to bring criminal charges against Thomas? Would a private citizens who wasn’t a councilmember be able to reach such a settlement? What deterrent message does the settlement send to DC government employees? Will Kwame Brown reconstitute the council’s Economic Development Committee, and reappoint Harry Thomas as its chairman?

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David McIntire
Elizabeth McIntire, elizabeth@innercity.org

David McIntire, reluctant but persistent neighborhood activist, has passed from our world. This is not a traditional obituary, for he did not follow the conventional path. David grew up in a small town in Pennsylvania. He loved to read: the first thing he said to his first teacher was, “teach me to read.” In high school, being one of the tallest, he played basketball, and was known for his fade away jump shot. For the same reason (height), he played the sousaphone in the marching band. School was his respite from a complicated family life, and he excelled. He was also the class clown. David was the first in his family to graduate college, the School of Foreign Service at Georgetown University, a few years before another non-Catholic country boy, Bill Clinton.

During the Vietnam era, he tried the Peace Corps training and found it lacking — too many psychological profiles, a climate which encouraged turning in your fellow trainees, and failure to impart useful practical knowledge. He enlisted in the Army and spent two years in Elvis’ old unit in Germany, defending the eastern border, and then touring with two buddies in a VW van for a year afterwards. His forays into eastern Europe, and later, having a roommate who was the brother of one the Catonsville 9, earned him FBI attention. The day we moved to Park Road, a group of early teenage boys offered to help unload. For several years thereafter, they were in and out the (group) house, and went with us on expeditions to the mountains and the beach. Dave loved popcorn, and between that and the friendly dogs, there were always kids knocking at the door.

David was a DIY guy. He taught himself building skills, and what he made is solid, and will take something very powerful to undo. He learned to play the guitar Mississippi John Hurt style. He had a lifelong interest in photography. He took up botany, to relieve the tedium of walks in the woods, an in-law tradition. He did little theater, appearing in “Lock Up Your Daughters,” “The Rainmaker,” and “The Crucible.” His baritone voice served him well also in community meetings, and many a leader cringed at the sight of him.

David’s prime characteristics were his curiosity and tenacity. When he discovered an interest, he pursued and researched it thoroughly. He loved to debate even before encountering the disciplined Jesuits of Georgetown. Although his only course was Constitutional Law, he was proud that, like Perry Mason, he had never lost a case: his friend’s court martial in the army, a small claims case, a speeding ticket, and the nightmare next door property dispute. He honed his concise E-mail style on a creationist discussion board, where he became known to his adversaries as “the McIntire.”

Fascinated by the then new computer technology, David taught himself and created a Columbia Heights web site (http://www.innercity.org ) which, with a history and pictures, oral history interviews, an archive of press articles, a list of neighborhood resources, and interactive features including a listserv, gave a more positive view of the area than was prevalent at the time. As an activist, he was relentless in pointing out the shortcomings of planning decisions based on political connections. Some may remember the first protest demonstration, organized through the listserv, when the new Mayor Williams was pursued around Meridian Hill/Malcolm X Park, and the larger event coinciding with the opening of the Columbia Heights and Petworth Metro stations. Beyond his delight at having almost unlimited knowledge at his fingertips, plus solitaire, all the newspapers, audiobooks, music, radio, and movies, David believed in the capacity of the Internet to equalize opportunities and improve democratic processes. He worked with several organizations to provide public access to those without home computers, and tutored children and community members in the basics.

David was among the group of volunteers that conceived and operated the first Columbia Heights Community Marketplace on the then vacant lot at 14th and Irving Streets. He was its unofficial photographer; his photos underline the community aspect of the name. His most recent passion, genealogy, led him to create the web site McIntires.info, and to expand its focus from family to include history of the Scots-Irish. He found that his willingness to challenge authority might be in his genes.

David loved road trips and exploring the gravel roads of the Virginia and WV National Forests, where there are ample secluded camping opportunities. After years of roughing it and idle musing about a country home, David became a landowner in Hardy County, West Virginia, near the beautiful Lost River Valley. And then he understood how much he had been missing the quiet peace of the country and nature up close, since his youth. He contended with winter plumbing crises, and witnessed and escaped a mountain tornado that spared the house and car while toppling twelve mature oak trees. He joked that he practiced natural gardening, leaving the weeds and wildflowers be, and proudly pointed out this year’s crop of jewelweed and thistle. He spent all the time he could there, and hoped to retire there, and was pleased that the DSL connection was better than in Washington.

David belonged to the CHANGE, Inc. and CAS Development Corporation boards, and was chair of the Board of Directors of CHANGE-All Souls Housing. David was the grandson of Jefferson and Alice Wagner McIntire, and the son of Paul McIntire and Marguerite Shandelmeier McIntire. He leaves his wife, Elizabeth, sister, Colleen Fleshman, nephew Raymond H. Fleshman, niece Annette Cole, grand nieces Megan Smyers and Cheyanne Fleshman, grand nephews Brian Fleshman and Brock David Cole, and another grandchild on the way.

Those who knew and loved David are invited to a memorial service on Tuesday, August 23, at 3:00 p.m., at the Festival Center, 1640 Columbia Road, NW. Please come to remember him and to share your part of his story. In lieu of flowers, donations may be made to CHANGE, Inc., 1413 Park Road, NW, WDC 20010, or the Mathias-Baker Volunteer Fire and Rescue, PO Box 59, Mathias, WV 26812.

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No Mentor Teacher for You
Candi Peterson, saveourcounselors@gmail.com

So it seems that there was another round of DC teacher positions eliminated by the District of Columbia Public Schools. Inside sources report that ten teachers were excessed on July 16 from the DCPS Mentor Teacher program (formerly known as the Helping Teachers program) . This leaves approximately fifteen DCPS teachers to mentor first and second year teachers citywide in the District.

Given that the research is full of literature and research documenting the importance of mentor teachers, DCPS couldn’t have picked a worse time to reduce their already scanty mentor teacher department. The Center for Inspired Teachers cites a 2006 New Teacher Center report that shows that students whose teachers received strong mentoring support make bigger gains in reading than those in un-mentored classrooms. The New Teacher Center also found that in a comparison of approximately one hundred new teachers in three school districts, teachers who received two years of support from mentors, their students made gains comparable to those of students of veteran teachers.” Are you wondering what those in charge of DCPS could be thinking ? I know I am. So I asked a recently excessed DCPS mentor teacher how these cuts to DC’s mentor teacher department would affect new teachers. The teacher requested anonymity due to fear of reprisal, but had this to say: “New teachers will now have limited support and wouldn’t have that one to one professional and technical guidance that a mentor offers such as organizing their classrooms, understanding instruction and data, getting through a typical day and classroom management skills, etc. Our students will suffer in the long run.”

Given that data is now available from the US Department of Education’s (DOE) Office on Civil Rights, we can see educational trends across school districts in the US. Based on 2009 DOE data, 42 percent of teachers in the District of Columbia have two years or less of teaching experience while only 10 percent of teachers have less than two years experience in Fairfax County Public Schools and Montgomery County Public Schools, which are much larger school districts. I would venture to guess that other school districts like our suburban counterparts recognize the importance of teacher mentoring programs and would fight to the death to keep these types of programs in place even during a tight economy. If we want real transformative change in public education, then we must first be honest about what’s happening in our public schools, we must stop supporting knee-jerk administrative decisions to cut valuable programs which are not in the best interest of teachers or students, and we must stand together with other Americans in a Call to Action rally to save our schools on July 30, on the national mall. Hope to see you there.

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School Testing Scandals
L.B. Lesser, lblesser@aol.com

I know I’m a little late chiming in and I know that I’m no expert on education theory and practice, but the Atlanta school scandal that Erich Martel wrote about in the July 14 themail needs to be compared further to the DCPS situation. I think the management issue is that when you place enormous importance on student test scores and base career decisions for teachers on their student test results you are building in enormous incentives to cheat. (Ever notice that teach and cheat are anagrams of one another? Like kitchen and chicken. (Well not exactly.)) It’s unfortunate and it’s corrupt, but first and foremost it’s self-preservation. It’s a terrible basis for organization management.

We know that there are abnormal numbers of erasures and substitutions of correct answers in the test books of many DCPS students at many schools — just like in Atlanta. ’Nuff said.

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Council Imposed Slots
Ronald Drake, rondrakeatty@msn.com

During summer 2004, the issue of whether to legalize slots in the District was extensively debated. As a result of the good work of Dorothy Brizill and Gary Imhoff, the proposed slots initiative did not even qualify to be placed on the ballot. Now, under the guise of revenue enhancement, slots gambling has become District law. What has changed since that 2004 debate to justify council approval without reasonable notice, debate, or public input? How did it happen? Who benefits? Who was responsible? Who failed to stand against such apparent slight of hand? Reprising Richard Nixon’s Watergate, what did they know and when did they know it? Those responsible, and those who failed to take a stand, should be called to account.

[In the interest of full disclosure, complaints against the 2004 slots initiative were filed at the DC Board of Elections and Ethics by DCWatch, DC Against Slots (a project of the United Methodist Church, headed by Regina James), and by attorney Ron Drake. — Gary Imhoff]

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Trash and Recycling Collections Beginning at 6:00 a.m.
Kevin B. Twine, kevin.twine@dc.gov

The DC Department of Public Works announced today that its trash and recycling crews will begin their collections an hour earlier, at 6:00 a.m., throughout the week of July 25, due to predicted 90° and above temperatures and the effect of the 90° plus heat index. Residents may put their trash and recyclables out for pickup starting at 6:00 p.m. on the day before their collections, so they do not have to change their morning schedules and to make sure these materials are collected.

Throughout the summer, when the temperature and heat index are predicted to be 90° or higher or the Metropolitan Washington Council of Governments announces unhealthy air quality (Code Orange or Code Red days), DPW collection crews will begin their work at 6:00 a.m. to avoid health or environmental issues.

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InTowner Breaking News
P.L. Wolff, intowner@intowner.com

This is to advise that we have posted at the top of our home page [http://www.intowner.com] breaking news reporting on the final disposition of the nearly five-decades-long empty (except for parking) lot at 17th and O Streets, owned by the First Baptist Church on 16th Street.

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CLASSIFIEDS — EVENTS

Free Poetry Event at MLK Library, July 25
Sistah Joy, poetsistahjoy@aol.com

The District of Columbia Public Libraries will present award-winning poets Lamont B. Steptoe and Sandra Turner-Barnes at a discussion and book signing to be hosted by Sistah Joy. Monday, July 25, 6:30 p.m., at Martin Luther King, Jr., Memorial Library, 901 G Street, NW, in the Black Studies Division. For further information, call 727-1211.

Lamont B. Steptoe is an African American with Cherokee ancestry, born and raised in Pittsburgh, Pennsylvania. A graduate of Temple University, he is the author of twelve collections of poetry and the editor of two collections by South African poet, Dennis Brutus. Steptoe, cited by James Baldwin as “a most valuable brother witness.” is the founder/publisher of Whirlwind Press, a Vietnam veteran, father and photographer. He is the recipient of an American Book Award, a Pew Fellowship in the Arts, two fellowships from the Pennsylvania Council on the Arts and an inductee of the International Hall of Fame for Writers of African Descent by the Gwendolyn Brooks Center at Chicago State University. His work appears in the edited by Keith Gilyard and the edited by Arnold Rampersad. His most recent books are A Long Movie of Shadows, Uncle’s South China Sea Blue Nightmare, Crowns and Halos, and Oracular Rumbling and Stiltwalking.

Sandra 0Turner-Barnes is the winner of the 1995 Ebony Magazine Literary Award for Short Fiction. She is also the author of three books of poetry, and her latest book of poetry . Additionally, Sandra’s popular poetry and jazz CD, September Will Never Be the Same, is available throughout the United States and the United Kingdom. Sandra’s first children’s book, Beyond the Back of the Bus, illustrated by artist, fellow poet, and Lawnside resident, Bernard Collins, Jr., was published in 2010. In 2006, Ms. Turner-Barnes collaborated with renowned jazz pianist and composer, Miss Geri Allen, to create and produce a memorial concert in tribute to the victims, survivors, and families affected by September 11th. The Sacred Jazz Suite, entitled, “For the Healing of the Nations,” was inspired by Revelations 22.2, and featured over forty instrumentalists and vocalists, including eight Grammy nominated jazz artists, as well as the Howard University Afro Blue Chorus, and Ms. Turner-Barnes, performing two original poems featured in her newest book, But, Mostly Love! Miss Allen composed the music and Ms. Turner-Barnes composed the lyrics. The recipient of the numerous community recognitions and literary and cultural arts awards, Ms. Turner-Barnes was appointed Executive Director of the Camden County Cultural and Heritage Commission in May of 2006.

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Graffiti In DC, July 26
Kevin B. Twine, kevin.twine@dc.gov

How do you feel about the graffiti in your neighborhood? Is there a place for it in DC? What is your impression of the people who illegally tag? How would you like to see graffiti handled? Join MuralsDC as it launches its 2011 program with a look at the culture of graffiti and discussion with people involved on all sides — former taggers, artists, agencies who clean graffiti, and those who fund public art. Help us achieve a better understanding of graffiti and what we can do to achieve solutions that last.

MuralsDC Panel Discussion on graffiti, Tuesday, July 26, 6:00-8:00 p.m., at Busboys and Poets, 2021 14th Street, NW, Langston Room. Contact Nancee Lyons at nancee.lyons@dc.gov or 673-6833 with questions/comments.

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