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Vincent Gray 
Plan for Fiscal Responsibility and Government Reform
September 8, 2010

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Vince Gray’s Plan for Fiscal Responsibility & Government Reform

Throughout this campaign for Mayor, Vince Gray has unveiled comprehensive plans on education, job creation and economic development, and public safety.  However, if we’re going to accomplish any of our goals – real school reform, jobs for every District resident, and safer communities – we need to restore a public trust in the mayor’s office that has been shattered.

And with good reason.

It seems like every day there’s another story in the newspaper about mismanaged public dollars and shady deals.

We read about a school system that can’t even figure out if it needs to fire teachers because it is running a deficit, or give them raises because it has a surplus.

We were promised transparency and openness, but instead see sweetheart deals and cronyism, and millions of dollars of contracts secretly funneled through back channels to prevent public scrutiny and Council oversight.

We were led to believe that our government would become more accountable and efficient, but are wondering why the mayor takes no responsibility for going over budget by tens of million of dollars in the Summer Youth Employment Program and has submitted budgets to the Council that have not been balanced.

We hoped for a Mayor that would represent all of us, but instead see one that ignores entire sections of the city, and who marginalizes the community.

People want a Mayor who works collaboratively with the community to get results, but all they see is childish bickering with the Council, unnecessary government secrecy, and the shutting out of community voices.

Vince Gray will be a Mayor who works every day to bring more people into the process, restore fiscal responsibility, and put an end to backroom deals.

Vince Gray’s plan to restore public trust in the Mayor’s office is based on seven core principles:

  • We must restore fiscal responsibility and integrity in the Mayor’s office.  The District’s residents need to know that its government will carefully manage their tax dollars, get maximum value for the dollars it spends, and refrain from burdening future taxpayers with excessive debt.  The city must live within its means and at the same time grow its resources through economic development and maximizing funding available from the federal government and other sources.  The District’s finances provide the foundation for all city services and we need a Mayor that can effectively provide the leadership necessary to keep this foundation solid.
  • We must work together, collaboratively, to deal with our challenges.  Unlike the current mayor, who has gone out of his way to marginalize the community, Vince Gray understands that we can never truly solve the District’s problems if we don’t all work together.  He will create an administration that will work collaboratively with the community every step of the way.
  • We must conduct contracting and procurement by the rules and in the open.  Under the current administration, contracting and procurement laws and regulations have been ignored or blatantly violated.  Contracts have not been sent to the Council for review as required by law. Contracts have been paid by the Executive without Council approval and at times paid over weekends and holidays when the Council was likely to have little or no notice.  We must restore transparency and play by the rules if we are going to finally put an end to sweetheart deals and cronyism. 
  • We must restore transparency to the Mayor’s office.  The right of District taxpayers to understand their government and hold it accountable has been shattered.  Under this administration, citizens, the Council and regulatory agencies have been denied access to basic information.  FOIA requests have been routinely denied by certain agencies.  The Executive has permitted government officials to refuse to appear and testify at Council hearings. The mayor has failed to inform the council of his absences from the District and has failed to make his schedule completely available.  We need a Mayor who will restore openness throughout his administration.
  • We must reestablish the job of Attorney General as the “people’s lawyer.”  The current mayor has redefined the position of Attorney General as a political arm of his administration, leaving the public without its own advocate.  As the District’s auditor Deborah K. Nichols testified, "Everybody has to have a system of checks and balances. When you are the check and the balance, there's a conflict . . . When you are the spokesperson, the attorney general and the investigator, there's a conflict."  It’s time that District residents had an Attorney General who worked for them.
  • We must appoint qualified people to boards and commissions in a timely manner.  Citizen participation and collaboration with government has been denied as boards and commissions have gone unfilled.  Appointed governing bodies such as the Board of the University of the District of Columbia, the Library Board of Trustees, Public Service Commission and the Board of Elections and Ethics, have had difficulty establishing a quorum to make critical decisions.  We need a mayor who will make appointments in a timely manner with people that are actually qualified to hold those positions.
  • We must have a mayor who will fully implement the laws of the District.  Implementing and enforcing the laws is the defining job of the Executive.  Unfortunately, under this administration, selective enforcement practices have been the norm.  It’s time we had a mayor that will enforce ALL the laws of the District.

Restoring Fiscal Responsibility and Integrity in the Mayor’s Office

The primary objective of the Gray Administration will be to deliver the best possible public services to the citizens of the District of Columbia on a sustained basis. Citizens deserve the highest quality schools, streets, parks, and human and other services that their hard earned tax dollars can buy. To achieve that objective the city must carefully manage the taxpayers’ money, get maximum value for the dollars it spends, and refrain from burdening future taxpayers with excessive debt.  The city must live within its means and at the same time grow its resources through economic development and maximizing funding available from the federal government and other sources.  

Vince Gray has consistently confronted and rejected politicized budget gimmicks.  Vince Gray has been a highly effective, life-long advocate for taking the long, sometimes hard fiscally responsible path.  He has proven himself a capable defender of the city against the fast and easy but financially ruinous shortcuts routinely submitted as budgets by the current administration.

As Mayor, Vince Gray will prepare honest, transparent budgets that seek and utilize community input. The District’s finances provide the foundation for all city services and we need a Mayor that can effectively provide the leadership necessary to keep this foundation solid.

As Mayor, Vince Gray will:

Responsibly balance district budgets by living within our means.  Vince Gray has proven as Council Chairman that he can responsibly manage the District of Columbia’s finances by making the tough decisions to resolve the Fiscal Year 2009 and 2010 budget deficits.  As the District and the nation slowly emerge from the current recession, Vince Gray will ensure that the mistakes and budget gimmicks that once led to a Financial Control Board are never repeated again.  As Mayor, Vince Gray will end the budget gimmicks of the Fenty Administration, which include undesignated out-year cuts, funding $60 million in Full Time Employee/Equivalents out of long-term capital borrowing, and labeling annually funded programs as one-time funds paid for using fund balance.  Vince Gray will continue to balance the budget in a fair and transparent manner and ensure that the City lives within its means.

While everyone is hopeful that the District is emerging from the national economic recession, three potential problems still pose risks to the District’s finances:

  • Federal Medical Assistance Percentage (FMAP) extension.  Congress recently approved a FMAP extension that is $34 million less than anticipated.  This means that unless revenue estimates increase or funds are reprogrammed from elsewhere, it is likely the District will need to pass budget gap-closing legislation in the fall to maintain a balance budget. 
  • Commercial real property.  When the Chief Financial Officer revises the revenue estimates in late September, we may see a further decline in the value of the District’s commercial real property.  Commercial real property tax growth fueled the economic prosperity during the Williams Administration, and a drop in commercial real property values could continue the District’s recent revenue decline. 
  • United Medical Center. While everyone can agree upon the necessity of keeping the only hospital east of the Anacostia River open to continue providing emergency services to District residents, the cost of running a safety net hospital may require an ongoing District subsidy. 

As Mayor, Vince Gray will conduct a comprehensive review of all District revenue and expenditures to ensure that the District government is living within its means.

Hold District of Columbia Agencies to their Approved Budgets and Eliminate Overspending.  In the current administration, District agencies routinely overspend their budgets with little or no consequence or accountability.  Agency overspending during the last three fiscal years has drained the District’s fund balance, or reserve funds.  The current mayor has been unable to control spending in the areas of non-public tuition, Medicaid provider agencies, and the DC Healthcare Alliance.  The tens of millions of dollars in overspending in these agencies has meant other core services have needed to be reduced.  In 2008, for example, the mayor’s mismanagement of the Summer Youth Employment program caused it to overrun its $30 million budget by $20 million.  One year later, the mayor deliberately overspent the program’s budget again by another $23 million, using fund balance to pay for it, despite the fact that Vince Gray and six of his colleagues had voted to cap the spending in the program at its budget of $20 million.

The depletion of the District’s reserves, or Fund Balance has been one of the most significant failings of the Fenty Administration.  While some reduction to the fund balance is understandable during a recession, the precipitous drop of fund balance under the Fenty Administration is cause for alarm.  The fund balance fell from $1.5 billion at the end of Fiscal Year 2007 to $920.5 million at the end of Fiscal Year 2009, a drop of 38.4% in just two years.  The Fiscal Year 2010 and 2011 budgets recently proposed reducing the District’s fund balance to $839.9 million at the end of Fiscal Year 2010, $654.3 million at the end of Fiscal Year 2011, and $612.3 million at the end of Fiscal Year 2012.   By the end of Fiscal Year 2011, the fund balance will be at its lowest level since near the end of the Control Period.  Vince Gray has raised concerns with the Chief Financial Officer that there does not appear to even be sufficient fund balance to cover bond escrow requirements in the financial plan years, if the Mayor’s spending continues unabated.

The current mayor’s attempt to deflect criticism by pointing to Council approval of fund balance expenditures ignores the fact that his rampant overspending is the primary cause of the fund balance’s depletion.  The Mayor has given the Council little choice but to approve the expenditure of fund balance to solve budget deficits.  Each of the last three years, he has submitted revised budgets to the Council during the third quarter that proposed to spend down fund balance to cover his overspending.  The problem the Council faces is that by the end of the third-quarter most funding is already encumbered, and what limited funding is not encumbered has to be cut 4-to-1 in the fourth quarter to solve a year of overspending.  Therefore, the Council had only three choices when it has been presented with the revised Fenty budgets: approve the Mayor’s proposed use of fund balance, eliminate almost all summer youth programs, or have two week furloughs for all employees over the course of a three month period.  Despite Council efforts to encourage the mayor to submit a budget gap-closing for Fiscal Year 2010 in February to address known spending pressures, he refused.

As Mayor, Vince Gray will require agency directors to spend within their approved budgets, and will instill in his administration a sense of fiscal discipline that has been wholly lacking in the Fenty administration.

Reduce Spending in High Cost Areas through Performance Efficiencies.  Before looking at any expenditure cuts, Vince Gray would first look for savings through performance improvements that do not result in service reductions.  The Fenty Administration has not even scratched the surface of what we can achieve through savings in certain areas for high-cost District services. 

There is no greater example of the administration’s inefficiencies than special education.  The current administration promised it would fix special education so that those hundreds of millions of dollars could be reinvested in our public schools, but that has not happened. Instead, the Office of the State Superintendent’s non-public tuition has continued to overspend its budget on an annual basis as the number of children in private placements has increased.  This is due in large part to the administration’s failure to focus on bringing special education services back to D.C. Public Schools, so students can be educated in their neighborhood schools, in an inclusive environment that meets their individual needs, and at a fraction of the cost of having these students in private placements.

Vince Gray understands that by building special education capacity in local schools, fully utilizing the Department of Health Care Finance to ensure that provider agencies fill out the appropriate paperwork to obtain Medicaid reimbursement, properly screening eligibility for the D.C. Health Care Alliance, and ensuring that out-of-state human services are delivered in Medicaid certified facilities, the District can save tens of millions of dollars per year.

As Mayor, Vince Gray will look for and re-invest the dramatic savings that can be realized from high cost areas – like special education and Medicaid provider agency reimbursements -- to fund the important initiatives he will advance as Mayor.

Restore the District’s fund balance and obtain increases in District bond ratings.  Despite the Council’s actions to preserve $166.4 million in reserve funds in Fiscal Years 2009 and 2010, our fund balance has still fallen 38.4% in just two years due to a combination of Executive overspending and revenue decline, and it is on pace to fall by another $100 million by the end of Fiscal Year 2010.  Vince Gray’s “Sustainable Capital Investment and Fund Balance Restoration Act of 2010” lays the framework for restoring the District’s fund balance and shifting the District towards a more sustainable method of funding capital projects, called pay-as-you-go capital funding.  Vince Gray believes this legislation will rebuild the confidence Wall Street had shown in the District of Columbia, and counteract the negative impact of Adrian Fenty’s overspending and depletion of the City’s reserves.

The current mayor has undermined the District’s credibility with the Wall Street bond rating agencies by promising that the fund balance would not drop below $920 million, only to then propose a budget just weeks later that spent $265 million of fund balance over the next two fiscal years.   Rather than use the $95 million in savings from debt restructuring to restore the fund balance that was being used to balance the Fiscal Year 2010 budget, the Mayor instead proposed to spend more fund balance, and used the savings to cover agency overspending.

The bond rating agencies have repeatedly told the Mayor that although the District’s budget may be certified as balanced by spending reserve funds, for their purposes, a budget where expenditures exceed revenues is not considered balanced. The District’s reputation on Wall Street is of critical importance.  The District’s bond ratings directly impact the District’s cost of borrowing money.  On our general obligation bonds, an upgrade would save the District millions of dollars per year on interest costs, while a drop in our bond ratings would be a very costly and troubling sign.

As Mayor, Vince Gray will follow the formula he laid out in the “Sustainable Capital Investment and Fund Balance Restoration Act of 2010”.  Over time, this legislation will restore the District’s fund balance, shift the District towards the more sustainable method of pay-as-you-go capital funding, and will increase the District’s bond ratings. 

Ensure Improved Budget Transparency for District of Columbia Public Schools and the District’s Capital Budget.  Vince Gray is committed to improving the transparency of the District’s budget process.  He would focus first on two areas where transparency has been the most problematic under the Fenty Administration: the District of Columbia Public Schools and the District’s capital budget.

D.C. Public Schools
As Vince Gray discusses in his education policy paper, it is time to tell the public where DCPS’ money goes.  For years, the D.C. Code has required that the public be informed in how DCPS is spending its money.  Unfortunately, this hasn’t happened.  Likewise, budget submission resolutions have required much more specificity than DCPS provides.  Current submissions are scanty, inconsistent from year to year, and sometimes misleading.  Financial reports are no longer posted on the internet and changes in the budget are not announced, despite a mandate to do so under the DC Freedom of Information Act.  As Mayor, Vince Gray will mandate that DCPS publish for the public an accounting of how it spends its money – how much to schools and direct services to children, how much to central bureaucracy, how much for programs such as career and technical education, special education, early childhood education, etc.  He will also require DCPS to post its local school budgets, budget changes, and financial reports on the Internet.

In most school districts, budget formulation is an open process.  As Mayor, Vince Gray will re-open the DCPS budget process to parents and the community, with dialogue beginning in the preceding fall and continuing through mayoral decision-making.  Vince Gray will also re-establish the parent-community working group that participated in setting the basis for local school budget allocations, and make the basis for these budgets clear again.  Since the Board of Education is no longer involved in these decisions, it is increasingly important that those in the school community be given opportunities to be involved.

District Capital Budget
When Vince Gray represented Ward 7 on the Council, he experienced firsthand the difficulty of tracking capital projects: the budget information was sketchy and spending reports required by law were not filed.  In his first year as Council Chairman, he also found that tens of millions of dollars were moved around without Council approval, including from reserve funds.  Vince Gray reviewed Office of Public Education Facilities Modernization school projects during the chaotic contracting of the summer of 2008 and required contractor fees to be cut back to a reasonable level based on industry practice. Reduction of fees in just two projects saved almost $1 million.  Vince Gray undertook a review of capital that has led to improved transparency and financial accountability including: lowering the threshold for Council review of reprogramming of funds from $1 million to $500,000 due to the impact of the Executive redirecting funding between projects in the $990,000 range and requiring quarterly reports for both reprogrammings and intra-district transfers of amounts over $50,000.

Reprogrammings have increasingly been used by the Administration due to poor budget planning and the lack of a citywide strategic plan.  In FY07, reprogrammings that came to the Council totaled $476 million and in FY2008 that amount grew to over $1 billion. The current investigation into an $82 million intra-district Memorandum of Agreement between the Department of Parks and Recreation and the Deputy Mayor for Planning and Economic Development has highlighted the increasing use of multiple, small reprogrammings that escape Council scrutiny, coupled with intra-district transfers to move money to unintended uses.

As Mayor, Vince Gray will work with the CFO to establish a capital dashboard on the City’s website so that everyone can see the progress being made in all capital projects and can see funding changes. These dashboards have been standard in many cities and states since the early 2000’s and District of Columbia citizens also should have this information available through the internet.

Pursue District budget autonomy and statehood.  As part of its push for Statehood, the District needs to demand legislative and budget autonomy.  This legislation has been stymied in Congress for too long, despite the significant negative impact associated with Congressional oversight of the District’s budget.  The 56-day congressionally mandated timeline allows very little time for the Council to thoroughly examine the budget.  The District’s Fiscal Year, which is tied to the federal budget calendar, forces the District to split its school year between fiscal years.  With budget autonomy, the District could move its fiscal year to start on July 1, which would match the beginning of the fiscal year in most states and would align to the school year.  A July 1st fiscal year would also allow the District to base its budget on more recent revenue analyses, because the District would not have to be concerned about the Congressional layover. As Mayor, Vince Gray will work with Congresswoman Eleanor Holmes Norton to immediately push Congress to give the District legislative and budget autonomy.

Vince Gray will continue to push for statehood.  While achieving this goal would undoubtedly bring additional costs, much if not all of it could be offset by the significant influx of revenue that the District would see with the ability to tax income at its source like every other state.  As Mayor, Vince Gray would thoughtfully examine all the revenues and costs associated with statehood, so we are prepared to transition from the District of Columbia to the nation’s 51st state.

Working Collaboratively with the Community

Currently, the Fenty administration relies on only a small handful of agency leaders to make decisions and government is highly centralized.  Relying on a small group of people to manage government and address persistent problems creates an environment of unimaginative, hasty and faulty decision making.  The “fire, ready, aim approach” of the current administration has led to innumerable problems from the fiasco of the summer jobs program, shady attempts to “donate” a fire truck to the Dominican Republic and using our rainy day fund on questionable initiatives.  But even worse, a lack of collaboration with the community has led to a fundamental disconnect between the administration and the people it was elected to serve.

In his plans for education, economic development and public safety, Vince Gray has offered specific initiatives to engage in the community in his administration.  As Mayor, he’ll build his administration around the central premise that the District’s residents are his partner in solving the challenges we collectively face.

As Mayor, Vine Gray will:

Implement the One City Forward initiative.  Vince Gray will create a government comprised of five Deputy Mayor level leaders (Deputy Mayors for Economic Development, Education, and Public Safety, City Administrator and Chief of Staff) who will be charged to manage, support and inspire the best agency directors that can be found.  This approach will allow for greater collaboration and just as importantly help to identify cross cutting issues and solutions that fall across several agencies. 

In the first 100 days of the Gray administration the Deputy Mayors and cabinet will launch an innovative management initiative that will create a draft strategic plan to guide the priorities of the administration.  The strategic plan will be vetted by important stakeholders and leaders across the city in both the public and private sectors.  Most importantly, residents will be provided the final draft plan to add their voice to what our most important priorities should be in citywide summits.   This process of collaboration with the public will not be a “one off” affair but part of a sustained initiative to connect the best ideas to government.  The One City Forward plan will be posted online and electronic forums will be created for sustained dialog and public comment.  These forums will be moderated by deputy mayors and agency directors to ensure District government officials stay connected to the community. As Mayor, Vince Gray will use the input provided by residents, important stakeholders and his agency directors to guide his decision-making.

Conducting Procurement & Contracting by the Rules & in the Open

For nearly four years, this administration has been defined by pay-to-play contracting, unprecedented opaqueness, and repeated failure to enforce the law.  The granting of control over $82 million in government contracts given to the Mayor’s fraternity brothers, without Council approval, add to the numerous instances of government business done in the shadows.  The consequences of these shenanigans are grave:  (i) scarce city resources have been spent on questionable contracts, leaving fewer dollars to fund critical economic development initiatives, and (ii) a growing lack of confidence in the integrity of the government’s economic development and contracting processes.  Vince Gray will put an end to pay-to-play politics once and for all.

As Mayor, Vince Gray will:

Enforce the law requiring Council approval on large contracts.  District law requires Council approval for any city contract over one million dollars.  Yet the current administration attempted to circumvent that law by funneling control of $82 million in city contracts to the Mayor’s fraternity brothers through the DC Housing Authority.  Even the Mayor’s own attorney general said that the contracts were “unlawful” and should have been submitted to the Council for approval.  As Mayor, Vince Gray will ensure that all city contracts over one million dollars are submitted to the Council for approval – as required by District law.

Place government contracts on the internet.  One of the most important steps in restoring the public’s trust in the contracting process is to give people information.  District residents have a right to know details of how their tax dollars are being spent.  Other jurisdictions have taken this step and it’s time for the District to do the same. As Mayor, Vince Gray will post all government contracts in an easy-to-use, web-based, and searchable system. Under a Gray Administration, all government contracts valued over $10,000 will be available, unedited and online.

Reward developers who meet First Source requirements.  City law requires that developers who use taxpayer funding to support their projects must hire District residents and pay them a living wage.  Non-residents hold 72% of the 700,000 jobs in the District, and D.C. Auditor Deborah Nichols has reported that the Fenty administration has been ineffective at enforcing the law. As Mayor, Vince Gray will make a company’s performance meeting the first source requirement an important criterion in awarding contracts and mandate that DOES enforce first source and living wage laws.   

Initiate a developer’s forum to examine best practices.   Maneuvering through the District’s complex bureaucracy can be challenging.  To ensure that the District remains competitive with other jurisdictions the city needs to make contracting and procurement a priority and both examine the experience of business leaders and find out how other high performing cities engage in this critical function of government.  As Mayor, Vince Gray will mandate that his Deputy Mayor for Economic Development convene large and small business leaders together yearly and explore the strengths, weaknesses and opportunities.

Restoring Transparency to the Mayor’s Office

Vince Gray has set a new standard for transparency with his work on the DC Council – from opening up the Council’s pre-legislative meetings to televising the Council’s budget negotiations – and he will bring that same approach to his administration.  He will ensure the smooth operation of the Freedom of Information Act (FOIA) laws, but also increase the availability of information about government operations so that the public will have less need to file FOIAs.  Vince understands that frequent public meetings, openness with the press, and use of the new media are needed to effectively communicate with the public and to facilitate its participation and collaboration. 

As Mayor, Vince Gray will:

Fully implement Freedom of Information (FOIA) law.  The Fenty administration has developed a reputation for denying access to the most basic information, leaving the taxpayer no other option but to file a Freedom of Information Act (FOIA).  The catch is, ‘whole denials’ of FOIA requests – which amounts to providing absolutely no information requested – skyrocketed under Fenty, growing from 162 whole denials in FY 2006 to 1115 in FY2010. Perhaps more disturbing, the District’s Inspector General has testified that city agencies have withheld information from her with the full knowledge of the Attorney General, causing her office to file a FOIA to receive public information. Further troubling, requests for information and for agency heads to testify before the Council have been denied by Fenty, through his spokesman, the Attorney General.  As Mayor, Vince Gray will fully implement FOIA laws.  He will take common-sense steps to ensure taxpayers have the “full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees” as required by District FOIA law.  Specifically, he will:

  • Comply strictly with the requirements of the FOIA statute and regulations.
  • Publish monthly or annual FOIA reports online showing the total number of requests and the granting of requests and denials.

Make government information fully available to the public.  The Fenty years have been marked with an almost hostile approach to the press and arbitrary blackouts on information that should be public.  Too much information is either not made available to the general public, or done in a way that is not easily accessible.  Regular press conferences have been replaced by carefully staged, one-sided “press events.”  As Mayor, Vince Gray will open public information to the public and the press.  Specifically, he will:

  • Require each agency to post online critical information that will give the public understanding of their operations, challenges and successes.
  • Develop online options that enable public input into and participation in agency decisions and activities.
  • Preserve electronic information, such as e-mails or other electronic information.
  • Require all agencies to implement open meetings and sunshine law requirements. 
  • Have monthly breakfasts between the Mayor and the Council to discuss issues and possible proposals.
  • Publish the Executive’s daily schedule and notify Council when he leaves the District for national or international travel.
  • Make public documentation of any financial support received as a result of any travel.
  • Hold weekly press conferences.

Reestablishing the Attorney General as the People’s Lawyer

The position of attorney general should be synonymous with the administration of justice.  The Attorney General for the District of Columbia, the chief law enforcement officer for the jurisdiction, is not only a counselor to the government but is supposed to serve as an advocate for the public interest.  In furthering the interests of justice for the residents of the District, the Attorney General serves a vital role in the operation of government that deserves respect.

For the better part of the past four years, however, District residents have questioned where their advocate has been.  Instead of seeing a champion for justice, they’ve seen the position transformed from that of the District’s independent chief legal officer to the Mayor’s political spokesperson and chief enabler of his cronyism.  The District’s auditor has testified that Attorney General Nickels has controlled the flow of information making it more difficult for her office to assess the performance of the government. 

As Mayor, Vince Gray will ensure that the Attorney General operates on behalf of all District residents and places the public interest and pursuit of justice over all other interests.

As Mayor, Vince Gray will:

Appoint an Attorney General that understands the role and respects the independence of the office.  The Fenty Administration has allowed the conflation of the roles of the Mayor’s General Counsel and the Attorney General for the District of Columbia.  To the consternation of District residents, the Executive has allowed this to flourish over the past four years, leaving no one to pick up the charge of advocating for the public.  It is imperative that District residents be served by an Attorney General who understands his or her role – and obligation -- to represent and defend the legal interests of the public.  Though it might seem axiomatic to everyone else, a person must be appointed to this position that will serve the District as a whole, not one party, group, or person.  As Mayor, Vince Gray will appoint an Attorney General that is independent, qualified, ethical and understands that the position is that of the “people’s lawyer,” not the protector of the Mayor’s office.

Continue to support direct election of the Attorney General.  In many states, the Attorney General is elected directly by the people – ensuring that the Attorney General represents the interests of the public, and not the Executive.  Upon winning the primary election, Vince Gray will campaign aggressively for the November 2 referendum on direct election of the Attorney General, and looks forward to seeing the first elected general take the oath of office in 2015.

Appointing Qualified People to Boards & Commissions

Vince Gray understands that the District’s Boards and Commissions play a vital role in the delivery of services to District residents and of advising the Council and Mayor on pressing issues.  Vince Gray understands the critical importance of filling these positions with quality appointees in a timely manner.  Unfilled positions handicap the boards and commissions as they fulfill their sworn function.

The current mayor has abused the public trust; whether it was removing the chair of the DC Housing Authority for raising questions about the Mayor’s attempts to steer contracts to fraternity brothers, or appointing an unqualified running buddy to the important ABC Board.  As Mayor, Vince Gray will appoint residents to boards and commissions based on competency and experience, not political connections and will move immediately to fill vacancies and expired positions.

Develop and implement a web based directory of boards and commissions.  The District relies on a large number of residents to perform the critical function of oversight to numerous entities requiring public supervision.   Members of boards and commissions ensure that public concerns serve residents well and it is essential board members have relevant experience and embody the highest degree of public trust and ethics.  As Mayor, Vince Gray will launch a web-based database that not only describes the qualifications of board members, but also provides an update of important decisions and rulings. 

Fully Enforcing the Laws of the District

Implementation of our laws IS the major function of the District’s top executive. Over the past four years, however, the current administration has selectively implemented laws, frequently taking several years to perform tasks requiring immediate action. Vince Gray will diligently implement District laws in a timely and efficient manner.

As Mayor, Vince Gray will:

Enforce the District’s First Source Law.  As discussed in Vince Gray’s Plan for Job Creation and Economic Development, the District’s First Source law has been mismanaged, abused, and ignored.  According to a recent DC Auditor report, the current administration has failed to implement and enforce the First Source law, costing District residents hundreds of jobs and more than $14 million in lost income.  As the DC Auditor stated in the May 2010 report, “DOES did not implement a reliable system of internal control…[and] could not adequately track monthly reports and fulfill monitoring duties and responsibilities.”  As Mayor, Vince Gray will sign an executive order on his first day in office, directing the Deputy Mayor for Planning and Economic Development to actively oversee First Source compliance.  The Deputy Mayor will immediately establish a First Source tracking system, complete regular internal oversight-review processes, monitor recordkeeping, and work to implement recommendations from the DC Economic Development Task Force and Jobs Summit convened by Mayor Elect Gray.

Enforce oversight over rates for special education.  A 2006 law passed by the D.C. Council mandated more rigorous oversight of rates charged by non-public institutions providing services for D.C. students with special needs.  The Mayor waited until July 2010 to attempt to establish uniform rates paid by Maryland non-public providers, but now has postponed the effort for an additional year.   As Mayor, Vince Gray will immediately begin enforcing this law.  He will also, as outlined in his education plan, reform the District’s special education system.

Finally implement the SLED program.  The District has got to know where its students are physically—where and when they are in school, or not in school—in real time.  We must know how they are doing academically and how well specific programs and teachers are performing.  We need to track their performance daily and not wait for the test scores in the Spring, after an entire school year has passed, before we take action to correct under-performing classrooms.  Our solution is to successfully develop the State Longitudinal Education Data Warehouse (SLED), a computerized system that shows where students are, alerting our administrators that a student left one school, but is not now enrolled in another.

 SLED will enable educators to measure growth of a student within a school, classroom or program and will support instructional decision-making. It will also enable systematic evaluation of teacher performance.  Yet, almost four years into our reform, the current administration has spent $6.9 million of federal and local monies, and still we have no data system.  As Mayor, Vince Gray will (as outlined in his education plan) turn around this failing project.  He understands the importance of SLED in monitoring student, school and teacher performance and in meeting federal requirements. He will employ capable professionals who will meet the deadlines and standards needed to get the system up and running ASAP.

Enforce affordable housing laws.  In December of 2006, the Council passed a law requiring the executive branch to issue regulations to implement the DC Zoning Commission's Order for Inclusionary Zoning--a land use policy requiring private developers to include affordable units in their developments in return for zoning bonus densities. During the two and a half years the Fenty administration failed to issue regulations, the city lost over 140 units of affordable housing conservatively valued at $28 million.  As Mayor, Vince Gray will enforce this law.

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