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November 8, 2006

Election Results

Dear Electors:

There were no surprises in the local general election, but then there rarely are any surprises in DC’s general. The disappointing thing was the very low level of voter turnout. According to the unofficial results from the Board of Elections and Ethics, only 28.49 percent of registered voters bothered to come out to the polls, down from 36.7 percent in the general election in 2002. But then, it’s very hard to entice a lot of voters to bother when few races are being seriously contested.

The most interesting result was the victory of City Administrator Robert Bobb in the race for president of the Board of Education. This sets up a struggle between Bobb and mayor-elect Adrian Fenty for control of the school land and the massive capital improvement fund budgeted for the schools. The wild card in this battle is, as Dennis Jaffe notes below, the proposal for an “Independent” Construction Authority to award construction contracts and oversee school renovations. If the authority is set up, the battle will be over who appoints its members — the mayor, the school board, the council, or some combination — and therefore who controls the decisions of the authority and, thus, the money. Fenty and Bobb are both too smooth to carry out this fight in public, so most of it will be behind closed doors, but even the small bits that we’ll catch only hints of will be interesting to observe.

Since we don’t discuss national or international issues in themail, unless they have local implications, I won’t — and you won’t — discuss the national election results here. Except that I can’t resist noting that ten states passed initiatives that protect citizens against the government’s using eminent domain to seize their property for economic purposes. As Ilya Somin points out (http://volokh.com/archives/archive_2006_11_05-2006_11_11.shtml#1162996559), these initiatives passed by impressive margins, between 55 and 86 percent, and most of them are much better written laws, giving more comprehensive protection to citizens, than the post-Kelo laws that have been written by legislatures. If the city council fails to pass, or even consider, Councilmember Carol Schwartz’s eminent domain bill, the citizens should introduce it as an initiative and bypass our politicians’ refusal to act.

Gary Imhoff
themail@dcwatch.com

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The Priority Is Cronyism
Dennis Jaffe, DennisJaffe @ Gm ail.com

I was very disappointed to learn of support by two successful candidates in this year’s election for the creation of an Independent Construction Authority to oversee the expenditure of the $2.5 billion in funds for capital school improvements. Lisa Raymond, a former chief financial officer at a local charter school, was elected to represent Wards 5 and 6 on the DC Board of Education. Democrat Tommy Wells was elected to represent Ward 6 on the council and backed Raymond. The function of independent authorities is largely to serve as safe havens for big money politics to dominate the decision-making process outside of public scrutiny. Members of such entities usually remain rather anonymous. The meeting schedules of such entities usually remain relatively unknown. The opportunity for members of the public to get information in advance of decisions becoming a done deal and to speak out at such meetings is guaranteed to be insufficient.

Construction firms, bond houses, law and accounting firms — the professional service firms — which contribute big sums of money to candidates and the Democratic Party, and which intensely lobby government officials, “pay to play” in the game of getting a piece of the action, in this case a piece of the $2.5 billions going to capital improvements. If an “independent” construction authority is established, we will see in a few years news stories about favoritism and lack of accountability and incompetence.

Raymond is a finance professional. Wells served for six years on the school board. They claim that being a member of the board of education does not qualify one to oversee how the $2.5 billion program will be run and administered. That is precisely where the value of staff or even a consultant can come in. One can disingenuously or without much knowledge knock the idea of utilizing staff or a consultant for such a need. The truth is, doing so results in providing the elected members of the school board with the information and expertise necessary for decisions to be made by elected representatives entrusted by the people to make such decisions. Instead, those who contribute money, or those who are connected to those who do, will be appointed to an “independent” construction authority and will be charged with doing the bidding of those to whom they owe the appointment. World class schools and a terrific learning environment for our students will be priorities, I guess — somewhere down the list. But cronyism and profit will be at the top of the list. I hope Adrian Fenty doesn’t go along with this one.

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Greed
Dorothy Brizill, dorothy@dcwatch.com

On November 1, Gary and I wrote in themail that the Fenty campaign had raised $3.5 million for his mayoral campaign and had entered Tuesday’s general election with at least $812,000 cash in hand. I also noted that Fenty plans to transfer his surplus campaign funds to a constituent service fund that he will be able to draw on as mayor. On Tuesday, the city council will consider and vote on Bill 16-965, the “Mayor and Chairman of the Council Transition Emergency Act of 2006,” to give Fenty $250,000 for his transition expenses and city council chairman-elect Vincent Gray $150,000 for his transition expenses. I have submitted testimony on the bill suggesting that it be amended to allow and encourage a successful candidate to use excess campaign funds for transition expenses, before saddling the public with the bills.

At today’s post-election press conference, Fenty announced that he will incorporate his transition as a nonprofit 501(c)(4) organization in order to solicit and accept additional contributions from the private sector and the general public (see his transition plan at http://www.dcwatch.com/mayor/061108.htm). Fundraising for this committee would not be covered by any election laws or campaign restrictions or reporting requirements. A donor could give an unlimited amount of money, and the nonprofit will be required to submit only a yearly report to the Internal Revenue Service; it will not be subject to the same review and scrutiny as campaign funds. Moreover, Fenty’s staff has confirmed that in the next few days he will announce the creation of a separate inauguration committee, which will raise funds for his January 2 inauguration. As Gary and I noted earlier, no current legislation governs contributions to inaugural committees. There is no limit on how much an individual can contribute, and no reporting requirement at all. I have one question for mayor-elect Fenty: when will enough ever be enough?

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Comprehensive Plan
Sue Hemberger, Friendship Heights, smithhemb@aol.com

Now that the elections are finally over, I hope that more politically engaged folk will turn their attention to the Comprehensive Plan. The press coverage given to the Plan has been minimal and largely unsubstantive and the councilmembers, many of whom don’t seem to have read the document themselves, haven’t informed their constituents about the Plan’s contents. I’m strongly opposed to rushing the current (ever-changing) draft through this legislative session without a serious and sustained public debate about what the city’s development priorities should be. There are real choices to be made here, and they are difficult choices that will have lasting implications. Let’s slow down and get this right. Toward that end, here’s a short list of some of the most crucial questions I think that the current draft has begged:

1) The District is increasingly becoming a home to the very affluent and the very poor. There are at least two different problems here -- one is that the city has become unaffordable for the middle class and the other is that prosperity hasn’t benefited the people who are least well off. How will we reverse these trends? 2) The cumulative effect of development has been very uneven and threatens to overwhelm some neighborhoods while leaving others behind. We aren’t successfully repopulating or rebuilding the parts of the city that suffered from disinvestment and the loss of households. How will we steer future development to the places where it is needed the most and where our infrastructure has excess capacity? 3) Land use decisions, especially in residential areas, have become unpredictable and highly contentious. Essentially, city planners have ceased to enforce zoning restrictions in cases where commercial or institutional development is involved and have encouraged an over-reliance on the PUD process. As a result, a process designed to be used only in exceptional cases and for large multi-building projects is routinely employed as a tool for spot rezoning (and/or "zoning by checkbook"). How will we effectively limit the use of the PUD process and ensure that the projects that emerge from it benefit neighborhoods as much as they do developers?

4) DC government has heavily subsidized a number of private redevelopment projects and, as a result, our per capita debt has soared. We can’t afford to continue this pattern. This “all carrots and no sticks” approach to shaping land use decisions has been extremely expensive and does not seem to have yielded the anticipated tax revenue benefits. Meanwhile, other local jurisdictions all recognize that growth has costs as well as benefits and have taken legislative action designed to limit and to recoup such costs. What steps will DC government take to ensure a more equitable redistribution of the costs and profits associated with development? 5) Our transit system is in crisis. Traffic congestion and commute times are way up. Buses are mired in the same traffic as automobiles and, as a result, are becoming a less reliable alternative for commuters. Portions of the Metrorail system are near capacity even before massive transit-oriented development already in the pipeline has been completed. As regional job and population growth centers move outward, DC residents dependent on public transportation are increasingly disconnected from access to economic opportunity and other local jurisdictions seem increasingly likely to invest in roads rather than regional mass transit. How will we improve the reliability, convenience, and coverage of public transit so that it becomes a more attractive alternative than driving? Where will the funding for such improvements come from? 6) Public services (education, health care, libraries, parks, public safety) are of sufficiently poor quality to deter people who have a choice from moving into many areas of the city and to condemn those who can’t afford to move elsewhere to lives of poverty with little hope of upward mobility. What role will planning and public investment play in turning around neighborhoods in ways that benefit (rather than simply replace) existing residents? What plans does DC have for improving the life-chances of children growing up in poverty in the city? 7) Local businesses are increasingly being replaced by national chains. This is a loss to the city on a variety of levels — it renders us a less distinctive retail destination, it exports rather than recirculates money spent locally, and it decreases job options. How will we protect and foster small business ownership in the city?

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Transition
Dorothy Brizill, dorothy@dcwatch.com

On Monday, the Fenty campaign held a “webinar” (an Internet-based seminar) to unveil the policy recommendations of thirteen “pre-transition” working groups. The executive summaries of the reports are available at http://www.dcwatch.com/mayor/061106.htm. During the press conference that followed the presentations, Fenty admitted, in response to my question, that none of the co-chairs of these thirteen working groups and none of his staff who were present was from east of the river. Since Fenty has announced that the schools will be his first priority, and since 70 percent of all students in DC public schools are from east of the river, it was particularly striking that all the chairs and co-chairs of the Education Committee’s nine subcommittees were from northwest and were white.

On Wednesday, Fenty announced that his transition will be co-chaired by his City Administrator-designate Dan Taglerini (http://www.dcwatch.com/mayor/061108b.htm) and his Chief of Staff-designate and campaign director for operations Tene Dolphin (http://www.dcwatch.com/mayor/061108c.htm). The Fenty transition will work out of space on the eighth floor of the Reeves Building, 2000 14th Street, NW, which was recently vacated by the DC Office of Emergency Management.

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Recall Petitions Finally Thrown Out
Mary C. Williams, Southwest/Near Southeast, mslaw1121@aol.com

Add the Board of Elections to the list of questionable agencies. More than a month after the Board of Elections and Ethics (BOEE) subjected me to a host of legal wranglings and hours of hearings, including a twelve-hour long hearing on October 4, I finally received a decision: the proposer lacked the number of signatures to place the issue on the ballot because ten pages containing approximately one hundred signatures did not conform to the letter of the law and had to be rejected. Never mind that the BOEE could have saved us all a lot of time and money if the Voter Registrar had rejected these petitions upon submission in July. Still, I expected that after the October 4 hearing, I would certainly have a decision before the election, giving me some amount of time to assure constituents that all was well again.

But it appears that the BOEE deliberately delayed releasing their decision until after the general election, causing me great concern. Why would the BOEE choose to wait until after the election to clear me? It is apparent from the well-written and well-reasoned nineteen-page memorandum and order that the decision was not written on the day of November 8, which was the day it was delivered to me, nor was it done the day before. So when I called the BOEE’s counsel on Monday, his office was aware that a decision had been made. Yet no one there would tell me. I want to know why it took the BOEE more than a month to rule in my case.

[For the background to this posting, see http://www.dcwatch.com/themail/2006/06-08-09.htm#brizill. — Gary Imhoff]

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The Post and the CFO Obscure the Cost of Missing Stadium Deadlines
Ed Delaney, profeddel@yahoo.com

From http://www.washingtonpost.com/wp-dyn/content/article/2006/11/03/AR2006110301441.html: “Last month, the CFO, Natwar M. Gandhi, warned the DC Council that the city’s failure to provide parking garages for the new stadium could cost DC taxpayers plenty. While Mr. Gandhi didn’t specify an amount in his letter to the council because it could become a legal matter, some city officials place the potential costs as high as $100 million. [Councilmember David Catania] acknowledges that the city faces damages if the stadium package isn’t completed on time, but quantifies those damages in the neighborhood of $2.5 million. Why is this clash so relevant? The council recently rejected a proposal to build aboveground garages at the ballpark, and the mayor and Mr. Gandhi are pressing council members to reverse their position at the council’s Nov. 14 meeting. Before that can happen, the first order of business is to determine who is right.” Where’s an investigative reporter, giving a definitive answer to the actual damages question, Post? Rather than opening up the question in the editorial section — which is where a lot of stadium issues that the Post and the Brigade would rather leave unexamined are discussed and never reported on officially, let alone in-depth, you post a difference in damages of almost $100 million and fail to list the actual damages and associated timelines/deadlines prescribed in the agreements between Major League Baseball and the city.

I’ve always been skeptical about the every-increasing penalties as listed by the Post (most recently $50 million per their sparsely detailed editorial section). The publication’s refusal to clarify the issues, as they easily could, suggests that the only documented penalties range from $5 million to $24 million for different missed deadlines. The latter of these deadlines doesn’t come into effect on compliance issues until 2010, suggesting that the penalties are not as significant as the agenda-driven baseball brigade, CFO, and Post are trying to paint them. Also not included in the speculation is the massive amount of savings that is possible by abandoning the cap-busting current site, which could easily be converted to a profitable use much more compatible with the surrounding low-density office and residential redevelopment, and moving the stadium and its redevelopment benefits (and every dollar included therein) to the RFK Stadium site which has nowhere near the land acquisition, parking, transportation, and other costs that are making costs continue to soar out of sight at the current site.

In fact, the penalties appear to be much less than the supposed solutions for parking overruns, which bolsters the notion that Catania suggested: stopping this process and analyzing the best way to proceed with thorough analyses from independent sources rather than from agenda-driven cap-breaching plans from the Brigade. That’s the only sensible way to proceed.

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MLK
Sean Bean, sean.bean@wizard.net

When was the last time anyone of us here used the library? In my view, libraries are an anachronism. Libraries in DC have never been fully funded, and never been a priority. They’ve been extremely poor cousins to the many far better funded and maintained museums in this city, stocked with decades old editions of long cast-off books, and what seem to be leftover magazines dropped off from all the doctors and lawyers offices.

Lets say sayonara, and let the developers purchase the outstanding building the city has treated with disdain, while perhaps trying to assure that the full building be completed — by the developer, not the city.

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Stop Toying Around with MLK Library
Lea Adams, workinprogress247@mac.com

If they put in new elevators [at Martin Luther King, Jr., Library], it will be a lot easier to find a cozy place to sit and read when the wreckers come. I for one, am bored by continuing debate around destruction of a library that deserves deferential, if not preferential, treatment among preservation and reconstruction projects in DC. It ought to be fixed, not torn down and replaced, and virtually everyone agrees on that point except those who will benefit personally and directly from the latter approach. I am genetically and constitutionally programmed to fight any effort that results in denying people full and equal access to voting and/or reading, and this is beginning to smell like one of those efforts.

If one can climb a redwood tree to stop loggers and toothpick manufacturers, one can certainly sit inside a library to stop the bad guys from tearing it down. I’m not the redwood-climbing type, although I’ve admittedly hugged a few trees in my day. I did, however, join in my share of sit-ins, marches and other direct actions from the in 1960s through the 1990s, actions that I believe ultimately benefited hundreds of thousands of ordinary men, women and children in Africa, Asia, Latin America, the Caribbean, and the good ol’ US of A. Last year, I decided to stop marching and have a little R & R, just buying all my friends Dixie Chicks CDs for Christmas. I’m well-rested now, and ready to lead or participate n a Read-In to save MLK Library whenever the time is right. I’m a regular voter and an avid reader who also happens to have a great international press list. Anyone who wants to join me in this gentle direct action when the time comes, feel free to get in touch.

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CLASSIFIEDS — EVENTS

MidCity Artists Open Studios, November 11, 12
Scott Pomeroy, Midtown Association, scott@midtowndc.org

Mid City Artists, a prominent group of diverse artists in central Washington, will unveil exciting new work during its semiannual Open Studios event, Saturday and Sunday, November 11-12. During the last six months, many of the Mid City Artists have been creating exciting new art work that they plan to show during this fall’s Open Studios. Such offerings have made Open Studios one of the most unique art events in the nation’s capital. The two-day event, which comes as the holiday shopping season begins, will feature new and varied collections of sculpture, painting, photography and other media.

Mid City Artists is a diverse and talented group of more than forty professional artists who work together to promote their work and to create an artists’ community in the central part of the nation’s capital. Their studios have added to the quality of life in the rapidly growing retail and commercial center of the city. Participating artists are all located in the area loosely bounded by Logan, Dupont, and Thomas Circles and U Street to the north. Visitors can hop from one studio to another in the dynamic mid-city area and see an expansive offering of art on display by the city’s most-talented and creative artists. Most of the studios are within walking distance of each other, allowing visitors to design their own walking art festival. And with many great restaurants in the mid-city area, Open Studios is a great way to spend a Fall weekend day.

Central Washington has become known for real estate development-- soaring property values, new condos, and plenty of new shops and restaurants. Mid City Artists has helped keep art and creative expression alive in the central Washington area. The group has grown from a core of artists who made a name for themselves over the last decade by offering great art in their local neighborhoods. Among the pioneers in the group are artists like Sondra Arkin, Nicolas Shi, Anne Marchand and Robert Cole, who located in the neighborhood before it became so popular. Other artists fled downtown after being evicted by real estate developers and helped help revitalize the 14th Street and Logan Circle areas. Some of those artists included Gary Fisher, Brian Petro and John Talkington. They were later followed by others like Colin Winterbottom and Mike Weber. And Mid City Artists continues to grow with new artists like Charlie Gaynor, Betsy Karasik and Lucinda Murphy. Visiting the artists’ work places during Open Studios gives enthusiasts and collectors an opportunity to check out the studios of painters in various media, including oil, acrylic, pastels, collage and mixed media. There also are studios featuring sculpture, photography and jewelry. Some artists are well-known and have attained international recognition. Others are emerging artists and Open Studios provides an opportunity to connect with their new work. More information can be found at http://www.midcityartists.com.

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Native Americans and the Criminal Justice System, November 13
India Young, india.young@dc.gov

Monday, November 13, 6:30 p.m., Chevy Chase Neighborhood Library, 5625 Connecticut Avenue, NW. Dr. Jeffrey Ian Ross, coeditor of the recently published book, Native Americans and the Criminal Justice System, will discuss the plight of Native Americans in the US criminal justice system. Adults. For more information, call 282-0021.

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Smart Growth Achievement National Award, November 15
Lauren Searl, lsearl@nbm.org

Wednesday, November 15, 12:30-1:30 p.m. National Award for Smart Growth Achievement at the National Building Museum, 401 F Street, NW, Judiciary Square stop, Metro Red Line. Across the country communities are using a variety of innovative development tools to build neighborhoods that provide safe and decent places to live and work, protect natural and historic places, and offer balanced transportation systems and choices. At the fifth annual ceremony for the National Award for Smart Growth Achievement, the US Environmental Protection Agency will honor up to five communities who are setting the bar in smart growth. Free. Advance registration requested. Visit http://www.epa.gov/smartgrowth/awards.htm to register. Smart Growth is presented in association with the US Environmental Protection Agency and the Smart Growth Network.

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Domestic Violence Dramatization and Presentation, November 16
Michael Andrews, mandrews@udc.edu

The University of the District of Columbia will present an educational dramatization and public policy discussion on domestic violence in the UDC auditorium (Building 46 East) on the Van Ness campus, Thursday, November 16, from 3:00 to 6:00 p.m. The production is designed to educate the public about family and intimate partner violence, including spouse abuse, child abuse, same sex abuse, date rape, domestic violence in the church and domestic violence in the criminal justice system. Because domestic violence is a pervasive problem in the District of Columbia, Council members Kwame Brown (at large), Phil Mendelson (at large) and Marion Barry (Ward 8) have agreed to participate in a public policy discussion about current and future legislative initiatives to reduce family violence in the District of Columbia immediately following the dramatization.

The dramatization “I Will Love You to Death: Echoes of Domestic Violence” will be performed by students enrolled in Professor Margaret A. Moore’s Dynamics of Domestic Violence class. Government agencies and community based services providers will also be available to dissemination information about the programs and services they provide to domestic violence victims. Referral services will be made as needed. All members of the Washington metropolitan area are encouraged to be a part of this important program. The University is easily accessible via the Metro Red Line at the Van Ness/UDC stop. This event is free to the public. For additional information contact Angelisa Young via E-mail at aybrown@udc.edu or by phone at 274-5494.

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What’s Going On, November 18
Anise Jenkins, anisej@nifcomm.com

Stand Up! For Democracy in DC Coalition invites the public to attend an in-depth discussion on little-known legislation pending before Congress that, if passed, can determine the civil and human rights status of DC residents. The teach-in will be held on Saturday, November 18, 2006 from 2:00 p.m.-5:00 p.m. at the University of the District of Columbia, located at 4200 Connecticut Avenue, NW, in Building 39, Room 201. The focus of the teach-in will be the Davis/Norton bill that calls for one vote in the House of Representatives for DC residents. The discussion will also include the need for a continuing movement for full voting rights and DC statehood. The teach-in is open and free to the public. Audience participation will be encouraged. There will also be a reception and entertainment.

Panelists include: attorney Johnny Barnes, Executive Director of the American Civil Liberties Union of the National Capital Area and Legislative Director for former DC Delegate Walter Fauntroy; Timothy Cooper, Executive Director of Worldrights, specialist in international human rights; Sam Jordan, former Chair of the original DC Statehood Party; and Ms. Marilyn Preston-Killingham, International Relations Chair, Stand Up!. Stand Up! for Democracy in DC Coalition is a grassroots organization founded in 1997 to achieve full democracy and equal rights for the people living in Washington, DC.

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CLASSIFIEDS — DONATIONS

Adopt a Family for the Holidays
Judith Sandalow, jsandalow@childrenslawcenter.org

Share the spirit of the holidays with the neighbors who need you most! This is a wonderful time of year for our children. As you make your holiday plans, we would like you to consider “making plans” with one of the Children’s Law Center’s clients. CLC has over five hundred individual children hoping Santa will bring them something to open on Christmas morning. Our clients come from the poorest families in Washington. Some are abused and abandoned, some live in foster care, and most are in desperate need of health and education supports. We hope you will plan to become an Adopt-a-Family Volunteer Santa and give a child the joy and surprise of opening holiday gifts!

We make it easy! Simply contact our Head Elf, and let her know if you want to adopt a child or family. She will match you with a child, share that child’s story, and pass on her wish list — sizes included! We ask that you, as “Santa,” commit to giving each child two new gifts from that child’s wishlist, and a new outfit — shirt, pants, and shoes. We also ask that you provide a gift card for the family so they can buy the fixings for a holiday meal. So, instead of giving your father another ugly tie, adopt a child in his honor! Instead of the same tired secret Santa gifts, get together with your office and adopt a family or two! Instead of having a holiday party with your friends, adopt a family and go shopping together for “your” children! Or if you want to make a difference in a child’s life but have no more time for shopping, make a donation to CLC and the Head Elf will make sure every child has a gift or use it to support our children all year long.

Feel the joy of being Santa, make a difference in a child’s life! If you’re ready to be a volunteer Santa or have questions about the drive, please contact Head Elf Catharine Clarenbach at cclarenbach@childrenslawcenter.org  or give her a call at 467-4900, x567.

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