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GOOD MORNING
CHAIRPERSONS ALLEN AND PATTERSON AND COUNCIL MEMBER CATANIA. THANK YOU FOR THE OPPORTUNITY
TO APPEAR BEFORE YOU ONCE AGAIN. AS GENERAL COUNSEL OF THE DEPARTMENT OF HUMAN SERVICES, I HAVE HAD THE PLEASURE OF APPEARING BEFORE YOU IN THE PAST: MY MISSION TODAY IS TO HELP THE COUNCIL EXPLORE WHAT THE ADMINISTRATION'S CHIEF MANAGERS KNEW ABOUT PROBLEMS IN THE DELIVERY OF SERVICES TO SOME OF THE DISTRICT'S MOST VULNERABLE CUSTOMERS - PEOPLE WITH DEVELOPMENTAL DISABILITIES - AND WHEN THESE MANAGERS KNEW IT. THIS COUNCIL HEARING, COUPLED WITH EARLIER OVERSIGHT HEARINGS, ENSURES THAT LIGHT IS CAST ON THE SHADOWS THAT OTHERWISE HIDE THE MYRIAD OF PROBLEMS IN THE DEVELOPMENTAL DISABILITIES SYSTEM. KATHERINE BOO OF THE WASHINGTON POST DID THIS CITY A FAVOR BY INVESTIGATING AND REPORTING ON THE CIRCUMSTANCES SURROUNDING THE DISTRICT'S SYSTEM OF SERVICES AND SUPPORTS. HOWEVER, IT IS NOT THE INVESTIGATIVE REPORTER'S RESPONSIBILITY TO PERFORM THE MONITORING AND OVERSIGHT FUNCTIONS OF GOVERNMENT. THUS, THE COUNCIL STANDS TO BE COMMENDED FOR RIGOROUSLY AND RESPONSIBLY EXERCISING ITS OVERSIGHT FUNCTIONS. BY CARRYING OUT THIS CRITICAL ROLE, THE COUNCIL OF THE DISTRICT OF COLUMBIA ENSURES OUR DEMOCRACY REMAINS VIBRANT. MY TESTIMONY WILL FOCUS ON SEVERAL ISSUES. FIRST I WILL OFFER SOME SUGGESTIONS THAT COULD BE CONSIDERED AS THIS CITY STARTS FIXING THE SYSTEM. THEN I WILL DESCRIBE HOW THE ADMINISTRATION AVOIDED SEEKING A COORDINATED INTER-AGENCY APPROACH TO ADDRESS THE SERIOUS PUBLIC HEALTH AND SAFETY PROBLEMS SUCH AS THOSE REPORTED BY THE WASHINGTON POST AND INSTEAD RESORTED TO BASELESS FINGER-POINTING. FINALLY, I WILL OFFER MY PERSPECTIVE ON WHAT THE ADMINISTRATION LEADERS KNEW. HOWEVER, FIRST I MUST THANK THE MANY PEOPLE WHO HAVE HELPED ME DURING THIS MOST DIFFICULT TIME. FIRST AND FOREMOST, I ACKNOWLEDGE THE LOVING SUPPORT AND ASSISTANCE OF MY WIFE. I ALSO APPRECIATE THE HELP OF JEARLINE WILLIAMS, AND MY MANY FRIENDS AT D.C. ACTION FOR CHILDREN, WASHINGTON COUNCIL OF AGENCIES, THE WASHINGTON LEGAL CLINIC FOR THE HOMELESS, AND THOSE INVOLVED IN THE EVANS LAWSUIT. FINALLY, LET ME NOTE, THERE ARE TOO MANY OTHER PEOPLE DESERVING OF THANKS TO MENTION INDIVIDUALLY. A. STEPS TO REFORM THE SYSTEM.UNFORTUNATELY, ALL TOO OFTEN, WHEN ALL IS SAID AND DONE, MORE IS SAID THAN DONE. NOTWITHSTANDING ALL OF THE RHETORIC ABOUT REFORM, LIFE FOR PEOPLE WITH DISABILITIES HAS NOT DEMONSTRABLY IMPROVED SINCE SYSTEM REFORM WAS PROMISED BY DEPUTY MAYOR GRAHAM IN DECEMBER 1999 TO OCCUR WITHIN 90 DAYS. TAKE FOR EXAMPLE THE "HOME AID COMMUNITY-BASED MEDICAID WAIVER" ADMINISTERED BY THE DEPARTMENT OF HEALTH ("DOH"). THE WAIVER ALLOWS INDIVIDUALS TO LIVE IN LESS RESTRICTIVE, LESS EXPENSIVE SETTINGS AND OBTAIN SERVICES FUNDED BY MEDICAID THAT OTHERWISE WOULD NOT BE AVAILABLE IN A HOME SETTING. YET WHEN AN AMENDMENT WAS SUBMITTED RECENTLY TO THE FEDERAL GOVERNMENT, I UNDERSTAND IT FAILED TO INCLUDE AS COVERED SERVICES OCCUPATIONAL THERAPY, PHYSICAL THERAPY, NURSING SERVICES, ASSISTIVE TECHNOLOGY, AND FAMILY TRAINING. SO THE DISTRICT, WHICH IS DESPERATE TO MOVE MRDDA CUSTOMERS INTO LESS RESTRICTIVE HOME SETTINGS, WITH IMPROVED SERVICES AND SUPPORTS, FACES A HOBSON'S CHOICE. EITHER THE CITY DOES NOT PROVIDE THESE CRITICAL SERVICES OR IT MUST PAY FOR THEM WITH ITS LIMITED, APPROPRIATED DOLLARS. IN ORDER TO REALIZE BETTER SERVICES AND SUPPORTS FOR MRDDA CLIENTS, THIS ADMINISTRATION IS GOING TO HAVE TO MAKE TARGETED INCREASES IN STAFF AND ALLOCATE ADDITIONAL FISCAL RESOURCES TO THE PROGRAM. THE CITY ALSO NEEDS TO BUILD AN INFRASTRUCTURE WITH DEDICATED RESOURCES TO MAINTAIN A POOL OF SKILLED, PROPERLY TRAINED PERSONNEL. THESE CHANGES, AND MANY OTHERS NECESSARY TO TRULY REFORM THE SYSTEM WILL REQUIRE LEADERSHIP BY THE COUNCIL. A COMPREHENSIVE REWRITE OF THE EXISTING STATUTORY SCHEME IS ALSO IMPERATIVE, AND I STAND PREPARED TO ASSIST IN THOSE EFFORTS. IN MY VIEW, WE MUST START DEVELOPING A SYSTEM OF SERVICES AND SUPPORTS THAT ADDRESSES THE NEEDS OF PEOPLE WITH DISABILITIES FROM THE CRADLE TO THE GRAVE. THE DISTRICT MUST ANALYZE HOW RESOURCES ARE ALLOCATED ACROSS BUREAUCRATIC BOUNDARIES AND MOVE TO INTEGRATE THE DIFFERENT SYSTEM'S AUTHORITY, MISSION, AND POLICIES. WE MUST RECOGNIZE THE ROLES OF, FOR INSTANCE, THE EARLY INTERVENTION PROGRAM, THE DEPARTMENTS OF PARKS AND RECREATION AS WELL AS EMPLOYMENT SERVICES, AND THE HOUSING AUTHORITY (LET ALONE DOH) IN STITCHING TOGETHER A STRONG SAFETY NET FOR PEOPLE WITH DISABILITIES. B. THE ADMINISTRATION'S ACTIONS.THIS CASE IS FAR FROM THE FIRST EXAMPLE OF SCAPEGOATING AND MERITLESS ACCUSATIONS THAT HAVE SPURRED NEEDLESS DEMORALIZATION AMONG LOYAL DISTRICT CIVIL SERVANTS. I REGRET TO SAY THAT I AM ONE WHO HAS EXPERIENCED THIS FIRSTHAND. UNFORTUNATELY, A CULTURE OF INTIMIDATION, PUBLIC HUMILIATION AND RETALIATION HAS BEEN ALLOWED TO EXIST. ON JANUARY 18, 2000 THE MAYOR'S CHIEF OF STAFF, MR. ABDUSALAM OMER, SUMMONED ME TO A MEETING WITH CORPORATION COUNSEL ROBERT RIGSBY. MR. OMER MADE IT ABUNDANTLY CLEAR THAT THE ADMINISTRATION WAS UPSET BY ADVERSE MEDIA COVERAGE OF THE MENTAL RETARDATION DEVELOPMENTAL DISABILITIES ADMINISTRATION ("MRDDA"). MR. OMER ABRUPTLY ACCUSED MY FORMER SUPERVISOR, DHS DIRECTOR JEARLINE F. WILLIAMS, OF FAILING TO TAKE REMEDIAL ACTION AT MRDDA. HE TOLD ME I HAD FAILED TO INFORM ANYONE OF MRS. WILLIAMS' PURPORTED INACTION AND FOR THAT I WOULD BE TERMINATED UNLESS I RESIGNED IMMEDIATELY. I WAS PUZZLED BY MR. OMER'S STINGING REMARKS AND ASKED, EVEN ASSUMING THE CRITICISM WAS FAIR AND ACCURATE, WHAT WAS I, THE AGENCY'S CHIEF COUNSEL, SUPPOSED TO HAVE DONE. MR. OMER TWICE SPUTTERED THAT I SHOULD HAVE CALLED THE POLICE. HE DIDN'T OFFER THE SLIGHTEST SUGGESTION WHAT I WAS SUPPOSED TO HAVE TOLD THE POLICE OR WHEN I WAS SUPPOSED TO HAVE GARNERED THIS INFORMATION. BASED ON THESE GOSSAMER ACCUSATIONS, MR. OMER AND MR. RIGSBY THEN GAVE ME 12 HOURS TO MAKE A DECISION ABOUT MY FATE. THE NEXT MORNING MR. RIGSBY CALLED TO DEMAND MY DECISION. I RESPONDED I HAD DONE NOTHING WRONG AND WOULD NOT RESIGN. WITHIN TWO HOURS, SOMEONE KNOCKED AT MY DOOR TO DELIVER AN ADVANCE NOTICE OF PROPOSED TERMINATION, SIGNED BY INTERIM DHS DIRECTOR CAROLYN GRAHAM. THE MESSENGER SAID SHE HAD BEEN INSTRUCTED TO WAIT FOR MY ANSWER. I DECLINED ONCE AGAIN TO RESIGN. THUS BEGAN A FOUR-MONTH CIRCUS THAT HAS YET TO COME TO A CLOSE. FIRST I AWOKE TO NEWSPAPER HEADLINES PROCLAIMING THE MAYOR HAD FIRED "POOR MANAGERS" AT DHS. MY NAME WAS RELEASED ALONG WITH OTHER LONGSTANDING DHS EMPLOYEES, INCLUDING GORDON BARROW AND PAMELA CAMPBELL. I DO NOT THINK IT WAS COINCIDENTAL THAT THE TIMING OF THESE ACTIONS OCCURRED BEFORE THE ADMINISTRATION WENT TO CAPITOL HILL FOR OVERSIGHT HEARINGS. INTERIM DIRECTOR CAROLYN GRAHAM'S CHARGES AGAINST ME WERE SHOWN TO BE SO INARTFULLY CONCEIVED THAT THEY WERE QUIETLY WITHDRAWN LAST WEEK - WITHOUT THE FANFARE THAT ACCOMPANIED HER EFFORT TO FIRE ME. NOT ONCE DURING THIS SIDE SHOW DID MS. GRAHAM RESPOND TO MY REQUESTS FOR SPECIFIC DOCUMENTS THAT I KNEW PROVED THE ADMINISTRATION WAS WELL AWARE OF THE PROBLEMS IN THE SYSTEM. ALTHOUGH MS. GRAHAM DROPPED HER CHARGES, SHE HASTENED TO ADD THAT I REMAIN UNDER A CLOUD OF SUSPICION. WHAT SHE CALLS AN "INVESTIGATION" (CALL IT WHAT IT IS: A WITCH-HUNT) HAS BEEN LAUNCHED. MS. GRAHAM HAS WARNED ME SHE MAY RESURRECT THE CHARGES OR SOME VARIATION OF THEM. AND SO, MS. GRAHAM CONTINUES TO ENGAGE IN DISTRACTIONS AND MISGUIDED FINGERPOINTING WHILE SERIOUS PROBLEMS IN THE DEVELOPMENTAL DISABILITIES SYSTEM OF SERVICES AND SUPPORT LOOM EVER LARGER. TO ADD INSULT TO INJURY, NONE OF US HAVE BEEN ALLOWED TO RESUME OUR JOBS. DR. KING ONCE OBSERVED THAT TRUTH ONCE PRESSED TO EARTH SHALL BE SET FREE. NO MATTER HOW MUCH THE ADMINISTRATION TRIES TO DRAG THROUGH THE MUD MY REPUTATION AND THAT OF JEARLINE WILLIAMS - AN EMPATHETIC, CARING, COMMITTED GOVERNMENT SERVANT - IT IS GOING TO COME UP EMPTY-HANDED. WE AND OUR CO-WORKERS STRUGGLED TO COPE WITH A PROCUREMENT PROCESS THAT ASSUMES AWARDING CONTRACTS TO THE LOWEST BIDDER IS MORE IMPORTANT THAN ENSURING THAT MRDDA CLIENTS ARE IN A STABLE, SAFE AND ENJOYABLE ENVIRONMENT. WE CONFRONTED A SYSTEM WHERE STAFF CUTS WERE DEMANDED OF DHS WITHOUT A PROPORTIONATE CUT IN THE MRDDA CASELOAD AND TRAINING WAS ELIMINATED FROM THE BUDGET. THE SIMPLE TRUTH IS THAT, ALL THE OTHER ISSUES ASIDE, THE DIMINISHED SUPPLY OF RESOURCES COULD NOT SATISFY THE DEMAND. WHAT IS MORE, THE ADMINISTRATION'S FOCUS ON MRDDA MISSES IMPORTANT PIECES OF THE PUZZLE, FOR THE DEVELOPMENTAL DISABILITIES SERVICE SYSTEM EXTENDS FAR BEYOND MRDDA. APART FROM POLICY DEVELOPMENT, ONE OF THE PRINCIPAL FUNCTIONS OF MRDDA IS TO PROVIDE CASE MANAGEMENT SERVICES. HOWEVER, THE MAJORITY OF THE GROUP HOMES AND ALL OF THE DAY TREATMENT PROGRAMS ARE FUNDED AND MANAGED BY THE DOH MEDICAL ASSISTANCE ADMINISTRATION. DOH ALSO UNDERTAKES ALL GROUP HOME HEALTH AND SAFETY INSPECTIONS. UNFORTUNATELY, MRDDA STAFF LACK THE MANDATE AND TRAINING TO AUGMENT THE HEALTH AND SAFETY REVIEWS CONDUCTED BY DOH. THUS, UNLESS AND UNTIL THE ADMINISTRATION MAKES A CONCERTED EFFORT TO MAINTAIN AN INTER-AGENCY DIALOGUE ON THE QUALITY OF SERVICES AND SUPPORTS IT WILL PROVIDE MRDDA CUSTOMERS, I FEAR ITS RESPONSE IS GOING TO BE AS EFFECTIVE AS PLACING A BAND-AID ON A BROKEN LEG. C. WHAT THE ADMINISTRATION LEADERSHIP KNEW.I WAS NOT A MEMBER OF THE MAYORAL INNER CIRCLE AND WAS NOT
PRIVY TO THEIR DELIBERATIONS. YET I KNOW THE CITY ADMINISTRATOR, THE CHIEF OF STAFF, AND
THE DEPUTY MAYOR/INTERIM DHS DIRECTOR HAVE ALL TESTIFIED UNDER OATH TO THE COUNCIL ABOUT
THESE PROBLEMS IN THE PAST. FOR ANY OF THEM ON JANUARY 21, 2000 CHERE CALLOWAY, WHO WAS RESPONSIBLE FOR THE "PHASE I - PRELIMINARY REVIEW' OF THESE CONCERNS, WROTE CAROLYN GRAHAM THAT EVIDENCE HAD SURFACED SUGGESTING THE POWERS-THAT-BE AT CITY HALL HADN'T QUITE BEEN OUT OF THE PROVERBIAL LOOP, AFTER ALL:
INTERIM DIRECTOR GRAHAM HAD JUST FINISHED ASSURING THE COUNCIL A MONTH BEFORE THAT SHE WOULD PULL NO PUNCHES IN FERRETING OUT THE TRUTH. WITH THIS SORT OF SOBERING MEMORANDUM, A SENIOR MANAGER ADHERING TO THE ADMINISTRATION'S PROFESSED DESIRE TO HOLD PEOPLE ACCOUNTABLE "FROM TOP TO BOTTOM" WOULD HAVE REFERRED THIS ISSUE TO THE APPROPRIATE INVESTIGATIVE ARM. BUT IN THE REAL WORLD, WHERE A PRESS RELEASE AND PUBLIC PERCEPTION CAN BE MORE IMPORTANT THAN PURSUING THE TRUTH, AND DOING THE RIGHT THING, APART FROM BLAMING ME, MR. BARROW, MR. CAMPBELL, AND MRS. WILLIAMS, WHAT DID MS. GRAHAM DO? MS. GRAHAM'S JANUARY 31 ST RESPONSE TELLS IT ALL:
GIVEN THE GRAVITY OF THE SITUATION, I WANT TO REPEAT THE MAYOR'S OWN WORDS, WHICH I ENDORSE:
THE FACT THAT THIS ADMINISTRATION HAS KNOWN THAT COMPREHENSIVE SYSTEM-WIDE REFORM WAS REQUIRED MAKES IT STARTLING THAT NOT ONE PERSON IN THE EXECUTIVE OFFICE OF THE MAYOR HAS BEEN HELD ACCOUNTABLE FOR FAILING TO ENSURE AN APPROPRIATE, COORDINATED INTERAGENCY RESPONSE TO ADDRESS THE SERIOUS PUBLIC HEALTH AND SAFETY PROBLEMS IN THE SYSTEM. INSTEAD, BY ASSAILING MY REPUTATION, MY COLLEAGUES' CHARACTER, AND MRS. WILLIAMS' GOOD NAME, HIDING FROM THE TRUTH, AND DELAYING EFFECTIVE REFORM AND CORRECTIVE ACTION TO REMEDY THESE SERIOUS PUBLIC HEALTH ISSUES, IS EXACTLY WHAT THE ADMINISTRATION HAS DONE. THANK YOU. |
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