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January 25, 2012

Explaining DC’s Zoning Fights

Dear Fighters:

Megan McArdle writes an always interesting and frequently provocative column for The Atlantic. On January 24, she posted a piece, “Can the Rise of the Internet Explain DC Zoning Fights?,” http://tinyurl.com/7wq587v/. Here’s the beginning: “Many of the urban planning debates that take place in DC are in fact proxy battles over gentrification. Almost no one on either side ever actually voices the core conflict, which is that the poorer, mostly black current residents do not want gentrification to force their community out of their affordable and centrally located homes, and the newer, mostly white residents want the sort of services (and property values) that materialize when a neighborhood gentrifies — and that the presence of one community is an obstacle to the goals of the other. Since no one wants to come right out and say this, the debate focuses on procedural issues: noise, parking, safety, ‘respect to the community.’” Read the whole thing, and come back here to comment, if you wish. Surely we can provide more knowledgeable comments that the Atlantic readers.

Gary Imhoff
gary@dcwatch.com

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DC Council — Enablers of Corruption?
Mary Brooks Beatty, mbbeatty@aol.com

Here’s what we know from court records, investigative reports, and the Inspector General’s report regarding the iGaming scandal: 1) the iGaming legislation was slipped into a budget bill by Councilmember Michael Brown and enacted without a Committee or public hearing. DC Lottery community hearings were held across the city only after passage of the law. 2) Councilmember Brown received $240,000 in 2010 from Edwards, Angell, Palmer & Dodge, a law firm with clients who benefit from online gambling. Brown did not disclose this conflict of interest until after passage of the legislation, and did not recuse himself from the vote. 3) Through court documents, it is apparent that at least four members of the council have been intimately involved in choosing the local partner who will receive a 51 percent equity share of the proceeds from the thirty-eight million dollar contract. 4) The local partner was not vetted through the standard contracting process. That is, no IRS audits, no record-keeping audit, no scrutiny of management, no scrutiny of past performance — nothing except a simple criminal background check. Most of the references listed in the bid by the local partner had never heard of the company, and work that they claimed to have performed was performed by other contractors. In addition, the terms of the contract were substantially changed in 2009 to include Internet gaming, without a rebid. 5) The local winner of the contract rewarded their connections with political contributions, including $4000 to Councilmember Michael Brown.

Conclusion: the Inspector General’s report which concludes that there was no ethical wrongdoing in all this seems to be more political theater than an attempt to get to the truth. Because councilmembers seem to believe that they can conduct their business hidden from the public (even having the Inspector General cover for them), it makes you wonder, what else don’t we know? The problem is larger than iGaming. It is about the systemic problems within DC council. It’s a lack of transparency that creates doubt about everything that the council does, and after the deals are done, the lengths that they will go to keep the public from the truth.

I believe that every member of council is an enabler to the embezzlement by Councilmember Thomas and any other corruption, because they don’t demand accountability. They don’t let the public in. Democracy, if not dead, is gasping for breath in the District. Some members of council have stated that they must “restore the public’s trust.” I couldn’t agree more. For this issue, the only way to restore public trust in the mayor’s office and the council is to repeal this law and start fresh. It is the only way that voters can trust that our interests are being considered ahead of the personal gain of councilmembers.

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Microsoft’s Partnership with DC Looks Like Bad News
Phil Shapiro, pshapiro@his.com

The partnership announced today by the DC government and Microsoft looks like bad news from where I sit (see news story at http://tinyurl.com/8455hwd). Large corporations of all types have just one goal — to maximize profits at any cost. When they say they want to “partner” with you, it’s not because they’re suddenly feeling philanthropic. When the DC government should be looking to expand use of cloud computing services and open source software (Linux, OpenOffice, Firefox, etc.) to save taxpayers money, it’s moving in exactly the opposite direction. Apple, which is now pulling in about a billion dollars in profit per week, is heading down the exact same path as Microsoft. (See my PCWorld blog post of this week at http://tinyurl.com/8xlj38p.) It’s time a Community Technology Summit was held in DC so that the values and priorities of DC residents can inform DC government tech policy. I’m wondering how transparent the agreement between Microsoft and the DC government will be. Will the public even have access to it? Were there perhaps some oral understandings in this partnership that didn’t make it into print?

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The Missing Piece
William Haskett, williamhaskett@hotmail.com

I testified (for a whole two to three minutes, I should add) to the most recent council meeting of the Committee of the Whole, on the Effective Teaching Act, and I was told there would be further opportunity to testify on related questions in the future. Implicitly we were talking about training for advanced education at universities and colleges, but there was a startling omission of any reference to the standing, existence, or utility of the University of the District of Columbia and its present Community College to complete the picture of public provision for education of its present (and future) residents and citizens. I think that this is a gap in our thinking that ought to be and must be filled, if we are to think of educational opportunity in its fullest sense: many of the present schools underperform on tests that we ourselves have imposed to tell us how they are doing. At the very least, the University should take notice of this, and set up a safety net to correct this underperformance elsewhere, but it can only attempt to do this in closest relationship to the District’s educational administration, and the curriculum that the latter has set up — including its failings.

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What Is Our Mayor’s Agenda for DC Tax Revision?
David Schwartzman, dschwartzman@gmail.com

On January 11, our mayor and past mayor Tony Williams, the local architect of balancing the budget on the backs of the poor, had a lunch meeting (The Reliable Source of the Washington Post, January 12). The subject: revising the DC tax code. We first heard about our mayor’s intention to have a new Tax Revision Commission appointed this month from The Current in its last issue of 2011 (December 28, A3). This article also cited the mayor’s preference to appoint Tony Williams the Commission’s Chair and his apparent charge to the Commission: could our city raise more revenue by lowering, you read it correctly, lowering the tax rates for high-income residents in the hopes that more would move in. The alleged support for this approach was cited as the drop in the number of affluent residents after Maryland raised its income tax rate, a temporary hike that was terminated after 2010. Gray acknowledged this could have been the result of incomes dropping during the recession, which is exactly the explanation provided by the Institute on Taxation and Economic Policy (“Five Reasons to Preserve Maryland’s ‘Millionaires’ Tax,” January 8, 2010). This conclusion is also supported by a recent study done by Phoenix Marketing International, which tracked the number of millionaire households (defined by liquid assets) in the fifty states and DC from 2006 to 2011. The number did go down from 2008 to 2009 in Maryland while the millionaires tax hike was in place, but the same thing happened in DC and Virginia, by approximately the same percentage, with no tax hike on their millionaires. In 2011 there were 15,603 millionaire households in DC (5.88 percent of the total), the highest numbers in the last six years. DC has a tax base capable of better meeting the needs of its low income residents: In 2009, the year with the most recent data available, DC taxpayers with incomes over $100,000 had a taxable income of $11.1 billion, for over $200,000 the taxable income was $7.5 billion (IRS tax statistics). Now the taxable incomes of wealthy DC residents are very likely even higher. The overall tax burden in DC (District sales, income, and property taxes), and the suburbs remains regressive, with the highest rate falling on families earning $45,000, who pay 10.5 percent of their income in DC taxes, with a steadily falling rate up to the income of DC millionaires, who now pay an effective rate of less than 7 percent after the small rate hike passed last year and the federal deduction offset are included, about the same rate as the poorest families earning $12,000 a year (ITEP, Who Pays?).

It highly misleading to argue that wealthy DC residents will leave the District if they are required to pay slightly higher rates, given the advantages of living here, namely lower commuting costs and especially time, cultural opportunities, and other advantages. Who will buy their high-priced homes if they move? The wealthy have been steadily moving into the District in the last two decades, despite the consistently lower tax rates of suburban Virginia. Further, the advantages noted for living in the District justify a modestly higher overall tax rate for wealthy residents than what the same income residents would pay in the suburbs, at least 1-2 percent higher, judging from historical comparisons for the last few decades.

The last Tax Revision Commission gave us Tax Parity, with most of the tax reduction going to the wealthy, freezing in our regressive tax structure and helping to grow income inequality since 1998. We deserve a better deal this time. With more than $200 million cut in DC’s budget for low income programs since 2008, the medicine the Tax Revision Commission should prescribe is hiking the tax rate on the wealthy and targeting this revenue to restore and expand these programs, while providing some tax relief for low and middle income residents, including seniors. And how about supporting long overdue PILOTs (Payments in Lieu of Taxes) from the federally-tax exempt World Bank, IMF and Fannie Mae? And going after Pepco Holdings for its persistent avoidance of paying state taxes (see the ITEP report “Corporate Tax Dodging In the Fifty States, 2008–2010,” December 2011)? The latest statistics show DC has the highest income inequality in the nation compared to the fifty states, with 47 percent of DC’s Black children living in poverty in 2010. While our mayor deserves credit for supporting free speech of the Occupiers across the street, unlike many other mayors, the Occupiers’ message standing for the 99 percent, calling for economic justice is not being heard in the Wilson Building. These issues should be addressed at the Mayor’s One City Summit on February 11 at the Washington Convention Center.

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DC Fire and EMS at Risk
Sean Brooks, seanbrooks00@gmail.com

In response to Daniel Carozza’s article of January 22: Mr. Carozza is clearly well-informed. There are several issues at work regarding Mr. Ellerbe’s proposed schedule change: 1) reduced total personnel. He is either lying or incompetent if he thinks that reducing personnel will somehow reduce personnel fatigue. He certainly has not explained how he plans to reduce the workload by more than one quarter, to match the one quarter reduction in personnel. 2) Reduced shift lengths. Every study specific to firefighters shows the twenty-four hour shift to be the best for both the public and the firefighters. Firefighters are “on call, in station” at night, which allows them to nap, and keep a normal circadian rhythm. More needs to be done in regards to firefighter’s sleep health and cognitive performance, particularly in busy places like DC, but Mr. Ellerbe has no peer-reviewed evidence to support a shorter shift.

3) Night time work. Everyone is at a performance deficit at night. It’s part of being human. It’s impossible to get people to adjust to being nocturnal. In other industries that require twenty-four-hour operations, they shift as much work as possible to the day shift. The fire department is no different: there are almost twice as many employees at work during the business day as there are at night. However, most fatal fires occur at night, and public demand for EMS stays strong into the wee hours of the morning. It isn’t feasible to significantly reduce the departments staffing level at night any further. Google and some other high-tech companies have incorporated sleep “pods” into their break areas — perhaps hospitals should do the same for their night shifters. 4) Back-to-back night shifts. Chronic sleep deficit plays at least as large a role in cognitive deficit as acute sleep deficit. Working back-to-back nights allows for this chronic deficit to develop, and each night worked makes for a larger deficit. This deficit is exacerbated by bad sleep prior to the night shifts — bad sleep that is virtually guaranteed by having to work three twelve to thirteen hour days immediately prior to beginning the night work. Even inside-the-beltway commuters are apt to only have nine or so hours at home between these long days at work. Nurses on the night shift typically only work three twelve-hour shifts a week (not six!) and don’t rotate between days and nights. They also are much more likely to be relieved from duty on time, as they rarely find themselves on the other side of the city when their shift is up. Finally, the effect of the long shift — the acute sleep deficit — can be partially ameliorated by allowing firefighters to nap between runs at night — something that DC has allowed for the last two centuries, and that every other fire department in the world does.

5) Long Distance Commuters. There are exactly two members of the more than eighteen hundred members of the department who live in North Carolina. More than half the department lives within twenty miles of the US Capitol, and more DC firefighters live in DC than is the case in Montgomery or Fairfax Counties. In any case, there are only so many things a firefighter can do in the case of a major emergency — we are limited by equipment and vehicles rather than personnel. This is especially so since the department cut back on overtime at the apparatus shops. The area around Half Street and I Street, SW, is littered with defunct fire apparatus. We have no reserves to speak of. We have ample personnel within an hour of DC. As far as fire department operations are concerned, it’s a non-issue. It is, however, a rallying cry for a district that really really wants to have a commuter tax. 6) Contract Negotiations. The union that represents firefighters hasn’t had a new contract since it expired in 2007. Mayor Gray was elected, at least in part, for his apparent willingness to meet with labor. Having the department head campaign for schedule changes in the public rather than at the bargaining table isn’t negotiating in good faith. Not all union busters are Republicans from Wisconsin. 7) History of Harassment. The chief has gone to stations in the department and told the junior members there that they would be laid off. He has transferred personnel in retribution for assumed personal slights, including the entire officer corps of one battalion. He’s had personnel actions held up by the courts in the past. He has been the subject of sexual harassment settlements. He’s had fire companies transferred out of their response area to be on display at crime hot spots — without so much as an hour of training for those personnel, nor with any regard to the (relatively crime-free) neighborhoods the companies vacated. He has harassed people for having tattoos. He has stated that people who live in DC, but didn’t go to high school in DC “don’t count.” He has changed the uniform order five times, each time costing members unreimbursed out-of-pocket expenses to come into compliance. He’s issued rain gear to favored personnel, and refused it to the bulk of the force. He’s required every fire station to display a portrait of him — a department first. He’s refused to update a failing ambulance fleet. He’s stopped any non-mandated training. He attempted to promote his brother. He attempted to claim a homestead credit while he lived in Florida. He attempted to bilk the pension fund out of $600,000. He’s refused to defend any claim against the Firefighter-Paramedics of the department, right or wrong. He’s done nothing to stem the tide of Firefighter-Paramedics leaving the department (thirty or so out of about one hundred twenty).

In his FY2012 Budget Document response to questions asked in council, he mentioned that “higher than normal attrition rate” was one of the benefits of the schedule change. It is clear that it is his goal to cause attrition among the ranks of firefighters by causing an unstable and stressful working environment. This also happens to be a clear and present danger to the public.

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DC Fire EMS at Risk
Lt. Terry G. Williams, ltmeanman@verizon.net

I was hired in 1986. We were under a 24/48 shift, and I found that there was not enough time to recover from one shift to the next. But when you’re young and doing a job that you love, it doesn’t matter. We then went to a 24/72 shift, and I thought that I could work forever. Then with age it’s not so easy. Five years ago I was placed on day work position, where I was working a forty-hour work week for ten months It took the whole ten months to adjust to day work. I was then sent back to shift work and had to readjust again.

Chief Ellerbee has worked this shift for most of his career and has benefited from its advantages, but he is quick to change all of our lives by taking this shift from us — the shift that has been shown to be the best for our line of work. Why does the shift need to be changed? Ellerbee states saving money and safety because the firefighters and EMS employees will be working shorter hours. By changing the shift to 3-3-3, there will be more people commuting in and out of DC during peak rush hours (regardless of where the DCFD employees live). Instead of a commute during off hours (because most firefighters are at work one and a half hours prior to the 7:00 a.m. shift change) these men and women will need to leave their families and sit in traffic. And for what? To work more hours, and make less money? The DC Fire Department has a 98 percent efficiency rating and an overall approval from the citizens that we serve.

One last thing, DCFD has been the logo since day one. Ask anyone and they’ll refer to us as DCFD. No need to change it. In the words of many people, if it’s not broke don’t fix it. This would not be a change in the right direction.

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DC Fire Department’s Proposed Shift Change
Matthew Palmerton, mjpalmerton@verizon.net

I realize all government entities are interested in saving money. However, there is a difference between being frugal with minimal risk and saving money at the potential expense of fireman’s lives and the lives of the public put in danger due to costly errors and mistakes from sleep deprived first responders. What time tested research has Chief Ellerbe laid out that proves the 3-3-3 shift saves money? Why would the city entertain this notion when other fire departments/EMS are shedding the 3-3-3 shift because it causes poor performance, excessive sick leave usage and abuse, and low morale?

Along with the added liability that the city will be held accountable for, what deep thought has been given about the human factor in all of this? The proposed shift is unnatural and impractical. These men and women are not machines that can change their primal operation at the touch of a button. We can’t promote the city as “family friendly” if the first responders who are charged with saving and protecting other families cannot maintain a healthy relationship with their own.

I also don’t believe it makes sense for the Chief to spend money on posting pictures of himself in all of the fire houses in the District when response times are poor, apparatus is falling apart, firehouses are infested with bed bugs and stations are being condemned due to lack of maintenance. If implemented, the shift change would be another colossal mistake for our great nation’s Capital emergency personnel.

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CLASSIFIEDS — EVENTS

George Dalton Tolbert: The Life of a US Senate Photographer, January 26
Patricia Bitondo, pbitondo@aol.com

George Tolbert IV is a man with an addiction. He travels throughout the United States and worldwide to get his fix. Tolbert is hooked on photography. His passion and talent has led him to the halls of congress where he captured moments in American history by photographing national events such as the President’s State of the Union address; joint sessions of Congress; inaugurations; committee and constituent hearings. In addition to individual portraits of senators and committees, he has traveled internationally on senatorial missions to document their official visits to foreign lands.

His work has been published in Newsweek, Time Magazine, The Washington Post and other national publications. Tolbert retired from the Senate in 2006 but his passion for photography is still a driving force. Tolbert, a charismatic personality, will relate how he became the US Senate Photographer and relate some of the historic events and people he photographed. At the Woman’s National Democratic Club, January 26. Bar opens at 11:30 a.m., lunch at 12:15 p.m., lecture presentation and question and answer session from 1:00-2:00 p.m. Cost: members $25, nonmembers $30, and $10 lecture only

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Spotlight on Design Lecture with Rogers Marvel Architects, February 2
Stacy Adamson, sadamson@nbm.org

The National Building Museum presents Innovative Architects. Robert Rogers, FAIA, and Jonathan Marvel, AIA, discuss their New York-based firm’s work, including concepts to beautify the security components and improve the visitor experience at President’s Park South, located between the White House Grounds and Constitution Avenue in Washington, DC. Thursday, February 2, 6:30-8:00 p.m., at the NBM, 401 F Street, NW (Judiciary Square Metro, Red Line). $12 members and students, $20 nonmembers. Prepaid registration required. Walk-in registration based on availability.

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