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City Council appeal of
Superior Court’s decision in Inspector General case
August 5, 2003

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DISTRICT OF COLUMBIA
COURT OF APPEALS

Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams, Mayor, Appellee.

Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)

JOINT MOTION TO EXPEDITE CONSIDERATION OF APPEAL

Pursuant to Rule 4(c) of the District of Columbia Court of Appeals, plaintiffs and defendant respectfully move the Court to expedite consideration of this appeal. The grounds for this motion are as follows:

In this appeal, appellants challenge an order of the Superior Court granting the Mayor's Motion for Summary Judgment and denying the Members of the Council's Motion for Summary Judgment concerning the validity of the Inspector General Qualifications Emergency Amendment Act of 2003 (D.C. Act 15-78), which became effective April 29, 2003 (expired July 28, 2003); the Inspector General Qualifications Temporary Amendment Act of 2003 (D.C. Law 15-22), which became effective June 21, 2003 (will expire February 1, 2004); and the Inspector General Qualifications Amendment Act of 2003 (D.C. Act 15-94; 50 DCR 4651). The trial court (Campbell, J.), found that "the section of the statute that applies to the incumbent Inspector General is declared to be void, on the ground that it violates principles of separation of powers." (Opinion at 1).
Expedition of the proceedings in this action is in the best interests of the public and is warranted in the circumstances of this case.

In support of the expedited consideration of the appeal, the parties respectfully request that the brief of the Appellants be due within 20 days of the filing of the record, the brief of Appellee be due within 30 days after the filing of the brief for Appellants, and that the reply brief for Appellants be due within 15 days of the filing of the brief of the Appellee.

WHEREFORE, the parties respectfully request that the Court issue an order scheduling briefs for the dates set forth above, and oral argument for the earliest date convenient to the Court and to the Counsel for Appellee and Appellants.

Respectfully submitted,

Edward Schwab (#100503)
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W.
6th Floor South
Washington, D.C. 20001
(202) 724-5692
(202) 727-0431 (facsimile)
Attorney for Appellee

Charlotte Brookins-Hudson
General Counsel (#954244) Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C. 20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Appellants

DISTRICT OF COLUMBIA
COURT OF APPEALS

Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams, Mayor, Appellee.

Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)

ORDER

This matter comes before the Court on the Joint Motion to Expedite Consideration of Appeal. Upon consideration of the request, and it appearing that expedited consideration is in the best interest of the public, it is by this Court this _____ day of _____ 2003;

ORDERED: That the Joint Motion to Expedite Consideration of Appeal is GRANTED.

FURTHER ORDERED THAT:

The brief of Appellants shall be filed no later than 20 days after the filing of the record on appeal; the brief of the Appellee shall be due no later than 30 days from the date of the filing of the brief of Appellants; and that the reply brief of Appellants shall be due no later than 15 days from the date of the filing of the brief of Appellee.

JUDGE

cc: Charlotte Brookins-Hudson General Counsel
Office of the General Counsel
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 4
Washington, D.C. 20004

Robert Spagnoletti
Acting Corporation Counsel
Office of the Corporation Counsel
1350 Pennsylvania Avenue, N.W., Suite 409
Washington, D.C. 20004

Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W., 6th Floor South
Washington, D.C. 20001

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams, Mayor, Appellee.

Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)

DESIGNATION OF RECORD

Pursuant to Rule 10(b) of the District of Columbia Court of Appeals, the Clerk of the
Court will please include in the record on appeal in the above-captioned case the following:

All docket entries.
Complaint for declaratory and injunctive relief, filed June 4, 2003.
Motion for Expedited Consideration of Complaint for Declaratory Relief, Memorandum of Points and Authorities in Support of Motion of Plaintiffs for Expedited Consideration of Complaint for Declaratory and Injunctive Relief.
Plaintiffs' Motion for Summary Judgment, Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment, Plaintiffs' List of Exhibits, Plaintiffs' Statement of Undisputed Material Facts, and Plaintiffs' Statutory Appendices.
Defendant's Motion to Dismiss the Complaint, or in the Alternative, for Summary Judgment, Defendant's Memorandum of Points and Authorities in Support of the Defendant's Motion to Dismiss the Complaint, or in the Alternative, for Summary Judgment, Defendant's Statement of Material Facts Not in Dispute, and exhibits.
Plaintiffs' Memorandum in Opposition to Defendant's Motion to Dismiss the Complaint, or in the Alternative, for Summary Judgment.
Defendant's Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Summary Judgment.
Plaintiffs' Supplemental Memorandum on the Issue of Standing in Support of Motion for Summary Judgment.
Defendant's Supplemental Brief on the Issues of Standing and the Applicability of Quo Warranto to the Instant Proceedings.
Order of June 18, 2003 (Campbell, J.), docketed on June 20, 2003.
Order of August 1, 2003 (Campbell, J.).
Notice of Appeal.
This designation of record.
Statement of Intention Not to Request Transcript Preparation.

Respectfully submitted,

Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C. 20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Designation of Record was mailed, postage prepaid, this 5th day of August, 2003, to:

Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 4th Street, N. W.
6th Floor South
Washington, D.C. 20001

Robert J. Spagnoletti
Acting Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004

CHARLOTTE BROOKINS-HUDSON (#954255)
General Counsel
Attorney for Plaintiffs-Appellants

DISTRICT OF COLUMBIA
COURT OF APPEALS

Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams, Mayor, Appellee.

Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)

DOCKETING STATEMENT

Pursuant to Rule 7A(a) of the District of Columbia Court of Appeals, Appellants file this docketing statement.

Full caption: Linda W. Cropp, et al., v. Anthony A. Williams, Mayor.
Party filing appeal or petition: Linda W. Cropp, Chairman of the Council, and Council Members Sandra Allen, Sharon Ambrose, Harold Brazil, David Catania, Kevin Chavous, Jack Evans, Adrian Fenty, Jim Graham, Phil Mendelson, Vincent Orange, Kathy Patterson, and Carol Schwartz, acting in their official capacity.
Superior Court No.: Civil Action No. 03-0004569
Superior Court Judge: John M. Campbell, Associate Judge
Timeliness of Appeal or Petition for Review:
1. Date of entry of judgment or order appealed from: August 1, 2003
2. Filing date of any post judgment motion: None
3. Date of entry of order deciding post judgment motion: Not Applicable
4. Date notice of appeal or petition filed: August 4, 2003
5. Statute or Rule fixing time limit for filing appeal or petition: DCCA R. 4(a)
Appeal from Superior Court:
1. Is the order appealed from a final order (i.e., does it dispose of the action as to all claims by all parties: Yes.
2. Not applicable.
3. Not applicable.
Has any other notice of appeal or petition for review been filed in this case? No
Has this appeal or petition previously been before the Court? No.
Are there any appeals or petitions involving the same underlying order, or to counsel's knowledge, involving substantially the same issues, currently pending before this Court? No.
Does this case turn on the validity or correct interpretation or application of a particular statute or case? Yes
If yes, give popular name and citation of statute and/or case: This case raises important issues concerning the breadth of the power of the Council under sections 302 and 404 of the Home Rule Act and the ability of the Mayor to refuse to carry out his section 422(2) of the Home Rule Act authority to execute all laws relating to the District of Columbia.
State concisely the principal issue(s) in this appeal or petition:
1. Whether the Mayor violates section 422(2) of the Home Rule Act when he refuses to execute a duly adopted law, such as the Inspector General Qualifications Emergency Amendment Act of 2003, Temporary and Permanent acts, without first seeking judicial clarification, when section 422 of the Home Rule Act states that he is "responsible for the proper execution of all laws relating to the District," and the court is the final arbiter of the validity of laws?
2. Whether the Council in exercising its section 302 and 404 Home Rule Act powers to enact new qualifications for a position, which it deems necessary for an office holder, can impose new qualifications upon an incumbent, which are substantial, if the imposition of the otherwise valid qualifications would have the effect of forcing the incumbent to vacate office, without there simultaneously being a substantial change in the identity/duties of that office?
Does this appeal or petition present any new question of law? Yes.
If yes, what is that question: See responses to #11 above.
Nature of relief sought below:
injunctive relief - denied
declaratory relief - denied to plaintiffs, but granted to defendant.
Nature of disposition below:
summary judgment was granted to defendant.
Do you intend to order any portion of the transcript for the appeal or petition? No.
Why not? because the Court of Appeal's review of the trial court's order granting summary judgment is a de novo one.
Attach copy of Order or Judgment from which appeal or petition taken. See attachment
Name, addresses and telephone numbers of trial or agency counsel for all parties. For plaintiffs: Charlotte Brookins-Hudson, General Counsel, D.C. Council, 1350 Pennsylvania Avenue, N.W., Suite 4, Washington, D.C. 20004, (202) 724-8026, (202) 724-8129 (facsimile), and cbrookinshudson@dccouncil.us. For defendant: Robert Spagnoletti, Corporation Counsel, 1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004, (202) 724-3400, Edward Schwab, Acting Deputy Corporation Counsel, Appellate Division, 441 - 4th Street, N.W., 6th Floor South, Washington, D.C. 20001, (202) 724-5692.
Should a settlement conference be scheduled in this appeal or petition? No.

I certify that the above information is accurate to the best of my knowledge.

Charlotte Brookins-Hudson
Attorney for Appellants General Counsel
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite #4
Washington, D.C. 20004
(202) 724-8026 (office) (202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Docketing Statement was mailed, postage prepaid, this 5th date of August, 2003, to:

Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W. 6th Floor South
Washington, D.C. 20001

Robert Spagnoletti
Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004

Charlotte Brookins-Hudson #954255
General Counsel, D.C. Council

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams, Mayor, Appellee.

Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)

STATEMENT OF INTENTION NOT TO REQUEST TRANSCRIPT PREPARATION

Pursuant to Rule 10(c)(2) of the District of Columbia Court of Appeals, Plaintiffs state that they will not order a transcript of the July 10, 2003, oral argument on the cross motion for summary judgment, because this Court’s review of the trial court’s order granting summary judgment is a de novo one.

Respectfully submitted,

Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C. 20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Designation of Record was mailed, postage prepaid, this 5th day of August, 2003, to:

Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 4th Street, N. W.
6th Floor South
Washington, D.C. 20001

Robert J. Spagnoletti
Acting Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004

CHARLOTTE BROOKINS-HUDSON (#954255)
General Counsel
Attorney for Plaintiffs-Appellants

Respectfully submitted,

Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C. 20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants

DISTRICT OF COLUMBIA
COURT OF APPEALS

Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams, Mayor, Appellee.

Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)

JOINT MOTION TO WAIVE DCCA-RULE 7A SETTLEMENT CONFERENCE

Appellants and Appellee respectfully move the Court to waive the settlement conference procedures mandated by DCCA-Rule 7A in the above-referenced case.

In this appeal, Appellants challenge an order of the Superior Court granting the Appellee Mayor’s Motion for Summary Judgment and denying the Appellants-Members of the District of Columbia Council’s Motion for Summary Judgment. Since the appeal involves declaratory and injunctive relief, rather than monetary damages, and considering the nature of the legal issues raised in this case, any settlement conference procedure would not be producture.

For these reasons, appellants and appellee request that the Court waive the settlement conference procedures in this case.

Respectfully submitted,

Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C. 20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Appellants

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Designation of Record was mailed, postage prepaid, this 5th day of August, 2003, to:

Edward Schwab
Acting Deputy Corporation Counsel
Appellate Division
441 4th Street, N. W.
6th Floor South
Washington, D.C. 20001

Robert J. Spagnoletti
Acting Corporation Counsel
1350 Pennsylvania Avenue, N.W. Suite 409
Washington, D.C. 20004

CHARLOTTE BROOKINS-HUDSON (#954255)
General Counsel
Attorney for Plaintiffs-Appellants

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

Linda W. Cropp, Chairman, et al., Appellants, v. Anthony A. Williams, Mayor, Appellee.

Civil Action No. 03-0004569
Calendar #12
(Judge John M. Campbell)

PLAINTIFFS’ NOTICE OF APPEAL

Notice is hereby given that plaintiffs, Linda W. Cropp, et al., appeal to the District of Columbia Court of Appeals from the order of the Superior Court, dated August 1, 2003, which granted the defendant’s motion for summary judgment and denied the plantinffs’ motion for summary judgment.

Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C. 20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us

Name and address of attorney or parties to be served:

Charlotte Brookins-Hudson
General Counsel (#954244)
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W. - Suite 4
Washington, D.C. 20004
(202) 724-8026
(202) 724-8129 (facsimile)
Cbrookinshudson@dccouncil.us
Attorney for Plaintiffs-Appellants
Edward Schwab (#100503)
Acting Deputy Corporation Counsel
Appellate Division
441 - 4th Street, N.W.
6th Floor South
Washington, D.C. 20001
(202) 724-5692
(202) 727-0431 (facsimile)
Attorney for Defendant-Appellee

City Council appeal of Superior Court’s decision in Inspector General case August 5, 2003

JOINT MOTION TO EXPEDITE CONSIDERATION OF APPEAL

ORDER

DESIGNATION OF RECORD

DOCKETING STATEMENT

STATEMENT OF INTENTION NOT TO REQUEST TRANSCRIPT PREPARATION

JOINT MOTION TO WAIVE DCCA-RULE 7A SETTLEMENT CONFERENCE

PLAINTIFFS’ NOTICE OF APPEAL

City Council appeal of
Superior Court’s decision in Inspector General case
August 5, 2003