Tryptophan
Dear Celebrants:
I know there’s controversy over whether the tryptophan in turkey
really causes drowsiness, but after four days of the bird and its
leftovers, I’m convinced. At least, I’m certainly not awake enough
to write anything tonight.
Gary Imhoff
themail@dcwatch.com
###############
In a recent Clarus Poll [http://www.dcwatch.com/election2010/091123b.pdf]
Police Chief Cathy Lanier received a 71 percent job approval rating,
overcoming early skepticism about her appointment and several
controversies she has suffered during her tenure. Police Chief Cathy
Lanier has gained DC citizens’ confidence because she continues to be
approachable and quick to correct policies that are found objectionable
by DC citizens — unlike other city officials, including Mayor Adrian
Fenty, whose approval rating has suffered since 2006.
A case in point is the DC police use of checkpoints and roadblocks in
the Trinidad neighborhood, a practice Chief Lanier had imported from
Israel when she and DC former Chief of Police, Charles Ramsey and US
Capitol Police Chief Terrance W. Gainer made visits to Israel to study
Israel’s policing practices, courtesy of the DC-based nonprofit
organization the Jewish Institute for National Security Affairs (JNIS).
According to JNIS’s web site, since September 11, 2001, they began
targeting state, city, and federal security executives to address “the
security requirements of both the United States and the state of Israel.”
Although our police officials may learn much from other countries,
following Israeli police practices has not fared well for our city
considering that Israel’s political and security needs are far
different from ours. Most significantly, unlike the US, Israel has
operated since 1948 without a written constitution and is under a “State
of Emergency” approved by the Knesset and signed by then Prime
Minister and Minister of Defense Ben Gurion. This allows the Israeli
military and police greater authority and autonomy, including the
ability to ignore and effectively nullify Israel’s High Court’s
decisions. Our military and police powers are limited by our
Constitution, as was demonstrated by the US Court of Appeals for the
District of Columbia, which on July 10, 2009, appropriately overturned a
lower court ruling regarding the constitutionality of the use of DC
police checkpoints and roadblocks in the Trinidad neighborhood.
Chief Lanier said little about the Court of Appeals decision other
then acknowledging her department’s full obligation to follow the US
Constitution. Meanwhile, DC General Attorney Peter Nickles disapproved
of the Court of Appeals decision, and in several public statements
suggested that DC may have to devise novel approaches to skirt the court
ruling to control troublesome DC neighborhoods. Many wondered if he is
considering the construction of a separation wall. Lanier, on the other
hand, discontinued the use of checkpoints or any similar police practice
that obstructs DC citizen’s access to their neighborhoods.
Understandably, Chief Lanier’s demonstrated ability to grasp her
department’s legal constitutional limits and her continued
responsiveness and community outreach to DC citizens has resulted in a
high job approval rating, far ahead of many DC officials. Mayor Fenty,
in less then four years, has squandered his unprecedented 89 percent
vote in the 2006 DC general election to a disappointing job approval
rating of 43 percent today. DC citizens understand that Lanier, like
other public officials, will certainly make mistakes while in office,
but as long as she is willing to make appropriate policy adjustments,
and corrections when necessary, Lanier will continue to maintain DC
citizens’ confidence.
###############
Wrongfully Terminated District Employees
Susan Teacher, Fight4fireddcp@gmail.com
We, the wrongfully terminated teachers of the District of Columbia
Public Schools (DCPS), are disappointed in the union’s
misrepresentation, lack of evidence, and flawed legal strategies, which
resulted in the court’s decision not to stop teacher and staff
terminations pending arbitration. The 266 affected teachers were never
consulted on the strategies used by the union that ultimately led to the
ruling that DCPS will not be required to reinstate the wrongfully
Reduction In Force (RIF’d) teachers. Neither the union’s executive
board nor the membership was made aware of the intended reduction in
force in the meetings of September 11 or September 16.
It is equally important to note that Washington Teachers Union’s
legal counsel did not use due diligence in preparing the case with
pertinent and relevant documentation and affidavits. The WTU’s legal
counsel failed to argue a strong case. According to Judge Bartnoff’s
legal ruling, “the court finds that the plaintiff has shown virtually
no likelihood of success on the merits of its claim that the RIF was not
really a RIF and instead should be considered a mass discharge.”
It is important to note that the true victims in this terrible ordeal
continue to be the children. Contrary to DCPS and the court ruling
regarding the welfare of the children, the lives of the students have
been disrupted. These unlawful terminations have had a negative impact
on the best learning environment for our children and will continue to
halt the children’s learning progress. Students continue to be
subjected to overcrowded classes, and inaccurate schedules, placed in
elective classes for Carnegie classes, and forced to take classes that
they did not enroll in and are nor interested in. Seniors and their
families are still dissatisfied with the lack of support and resources
that they are receiving to prepare them for college. Uncertified regular
and special education teachers are still lead teachers in many
classrooms. Special Education students are not receiving services per
their legal Individual Education Plans (IEP). Teachers and long-term
substitute teachers who are employed are assigned to cover terminated
teachers’ classes outside of their certification and/or no
certification teaching areas.
We want to make it clear to District of Columbia School Chancellor
Michelle Rhee and Mayor Adrian Fenty that we will continue our fight by
the hundreds with competent legal representation. We are motivated to
appeal this unlawful termination through the Office of Employee Appeals
(OEA) and the Equal Employment Opportunities Commission (EEOC) so that
we can be reinstated, made whole, and compensated for damages caused by
the wrongful firing and damage to our reputations.. We look forward to
working with our former union, organizations, city/state governments,
and other District of Columbia stakeholders who have been affected.
###############
Peoples’ Counsel
Nomination Update
Herbert Harris, Jr., dccub@msn.com
I hope everyone had a happy Thanksgiving and enjoyed the time with
family and friends. It is time to get back to the peoples’ business
blocking the nomination of Vicky Beasley for Office of the Peoples’
Counsel. On Monday, November 20, Councilmember Muriel Bowser,
Chairperson, Committee on Public Service and Consumer Affairs, abruptly
canceled the scheduled markup of the nomination of Vicky L. Beasley for
the Office of the Peoples’ Counsel. The cancellation of the markup by
Councilmember Bowser is a direct result of not having the votes to
approve the nomination in committee and to forward it to the full city
council. Mayor Fenty and Councilmember Bowser underestimated the level
of public opposition this nomination would generate among residents. The
public testimony, E-mails, and telephone calls generated in fewer than
48 hours influenced the members of the committee and was tangible
evidence of the public outrage and commitment to protecting the Office
of the Peoples’ Counsel. We must keep this momentum going by
encouraging friends and neighbors to continue to send E-mails and call
the members of the committee opposing the nomination.
The postponement of the markup session is a small victory in what
will be a long, protracted battle over this nomination. On Tuesday,
December 1, Councilmember Bowser will introduce emergency legislation
during the last legislative session this year to extend the term of the
current Peoples’ Counsel, Elizabeth A. Noel, by an additional ninety
days, until March 2010. This is to prevent the Office from being vacant
with the expiration of Ms. Noel’s term on December 13, 2009. Mayor
Fenty has shown no indication that he will withdraw this nomination. So
Vicky Beasley is still his nominee for the Office of the Peoples’
Counsel. Secondly, Councilmember Bowser plans to bring the nomination
back to the committee for a markup after the holidays in January or
February 2010. The most incredible twist is that Councilmember Bowser
also plans to allow Ms. Beasley to supplement the public record at a
future hearing with additional public witnesses supporting her
nomination. This is unprecedented in my experience with the city
council. The record is Councilmember Bowser convened a rushed public
roundtable with fewer than 48 hours notice. The community rose up
opposing the nomination, forcing her to postpone the markup session. Now
she wants to give the nominee another opportunity to supplement the
public record and generate token public support. If you live in Ward 4,
you should really be concerned: this is your councilmember.
The deficiencies in Ms. Beasley’s qualifications to be the Peoples’
Counsel remain and are amplified by her public roundtable appearance:
Ms. Beasley is not a litigator and has never litigated a case before a
state or federal regulatory body. She also said she would settle more
cases through informal discussions with the utility companies instead of
through litigation. Ms. Beasley has no experience in regulatory affairs,
administrative law, or consumer protection. Ms. Beasley has never served
as the head of an agency, nonprofit organization, or corporation. All of
the previous Peoples’ Counsels had executive level management
experience prior to their appointments. Ms. Beasley’s leadership
claims are questionable and were unsubstantiated because no one
testified on her performance as the Director of Legal Outreach and
Planning for a major nonprofit organization. Ms. Beasley was selected
through a secret political process that excluded public participation.
The nomination broke a standing rule for community input honored by
every previous mayor for nominating a Peoples’ Counsel. Ms. Beasley
lacks the stature and knowledge of utility issues to protect the
independence of OPC from influence by Mayor Fenty on behalf of the
utility companies.
Ms. Beasley, with full support and assistance from Mayor Fenty and
Councilmember Bowser; will be barnstorming the city over the next months
attending any holiday party, community meeting, or ANC on whose agenda
she can get. The goal is to compile a list of community groups she can
say she has met with and convince a few people to write a letter of
support or speak on her behalf. Ms. Beasley had no community support at
the public roundtable, just testimony from her legal colleagues and
church members. Don’t fall for this trick! On the day of her scheduled
committee markup, Ms. Beasley was making a cameo appearance at the
Anacostia Coordinating Council (ACC) meeting.
Ms. Beasley is not beyond misrepresenting a conversation or meeting.
She did this when asked whether she met with the CUB. She did not meet
with the full CUB. I had an informal courtesy meeting over coffee with
Ms. Beasley. She is also now complaining that she is reaching out to
organizations but no one will meet with her. I wonder why? We want to
begin tracking Ms. Beasley’s appearances at ANC and community
meetings. If you get a request from Ms. Beasley or anyone on her behalf
or hear she will appear at a meeting, immediately let the CUB know the
date, time, and place of the meeting. We can provide questions or assign
someone to attend the meeting. As a former ANC chairman (of ANC 6A) and
Past President of the Kingman Park Civic Association, I fully understand
the sensitivity over a meeting agenda and guest speakers. I do not want
to suggest that anyone be denied an opportunity to appear before your
organization. However, you must be smart and prepared with good
questions and fully understand your meeting will be used by Ms. Beasley
to become the Peoples’ Counsel.
We need to start challenging Mayor Fenty and city councilmembers
about this nomination. Everytime someone sees Mayor Fenty or a city
councilmember, ask about this nomination. Demand that Mayor Fenty
withdraw the Vicky Beasley nomination for Office of the Peoples’
Counsel, re-nominate Elizabeth A. Noel as Peoples’ Counsel, and meet
with community leaders and stakeholders on a transparent and public
process for selecting the Peoples’ Counsel. A groundswell of outrage
is building in opposition to this nomination. Citizens and neighbors
from throughout the city have to be brought into this discussion over
the future leadership of the Office of the Peoples’ Counsel. The
quality of utility service and rates is at stake. We must protect the
independence of the Office of the Peoples’ Counsel; this is our
consumer advocate. Feel free to share this information with group
listservs, neighbors, and friends. Again, encourage them to send E-mails
or call members of the Public Services and Consumer Affairs Committee
and Mayor Fenty. Please feel free to contact me, if you have any
questions or if I can be of assistance.
###############
The Wizard’s Wizard
Gabe Goldberg, gabe@gabegold.com
From today’s column by Maureen Dowd (http://www.nytimes.com/2009/11/29/opinion/29dowd.html):
“There is much to be learned from exits.
“How people leave relationships. How people help their loved ones
negotiate their final months and years. How we ourselves face the final
curtain, as Frank Sinatra would say.
“I’ve seen some people who were fierce in the face of
mortification and death. But none as fierce as Abe Pollin.
“In the last few years, Washington’s great sports impresario and
philanthropist suffered from a rare brain disease that robbed him of
everything but his burning love of life and sports and his burning
desire to help sick children and the poor in Washington and around the
world.
“After giving everyone in his company, from part-time ushers to top
executives, a Thanksgiving bonus; after making sure that the Wizards
staff was going to get out early for the holiday; after sending his
wife, Irene, a bouquet of yellow roses to thank her for their 64 years
together, the 85-year-old Pollin died Tuesday at his home in Bethesda,
Md.”
###############
DC’s status in relation to Congress is much more like the
relationship between Alexandria and the Commonwealth of Virginia than it
is between a state and the nation as a whole, especially given that
there are some things that can’t be done to states and there is
nothing Congress can’t do to the District, with the only restriction
being those equal protection rights for DC citizens recognized under Bolling
v. Sharpe. Equal protection, by the way, is not a friend of the “vote
on marriage” movement. It will be used eventually to affirm what the
council has done and to overturn Proposition 8 in California and the
challenge to Maine’s marriage equality law. Of course, there is little
danger of any restriction on DC’s marriage law being considered by
Congress, since Nancy Pelosi would never let it get out of the Rules
Committee. Remember what city she represents in Congress. Stick a fork
in your opposition to marriage equality. You are done.
###############
Street Crimes Updated through October at
intowner.com
P.L. Wolfe, intowner@intowner.com
As we previously advised, effective with the November issue the
Selected Street Crimes feature is no longer included in the print
edition, but instead is available exclusively on our web site by
clicking the Street Crimes button directly below that for Community
News. These are now updated through October 27, and are added to the
archived reports back to July 3.
###############
CLASSIFIEDS — EVENTS
Gingerbread Houses, December 12
Johanna Weber, jweber@nbm.org
December 12, 10:00 a.m.-12:00 p.m., 2:00-4:00 p.m. Family Program:
Home Sweet Home Gingerbread Workshop. Join us for this interactive and
fun gingerbread workshop! Build your own edible house using gingerbread
and royal icing, and decorate it using an assortment of materials.
Imagine a home with candy trim, a cookie roof, and icing-covered eaves
— fun for all ages! $50 for members, $65 for nonmembers; cost is per
house. Prepaid registration required by December 1, limited space
available. Appropriate for all ages. At the National Building Museum,
401 F Street, NW, Judiciary Square Metro station. Register for events at
http://www.nbm.org.
###############
themail@dcwatch is an E-mail discussion forum that is published every
Wednesday and Sunday. To change the E-mail address for your subscription
to themail, use the Update Profile/Email address link below in the
E-mail edition. To unsubscribe, use the Safe Unsubscribe link in the
E-mail edition. An archive of all past issues is available at http://www.dcwatch.com/themail.
All postings should be submitted to themail@dcwatch.com,
and should be about life, government, or politics in the District of
Columbia in one way or another. All postings must be signed in order to
be printed, and messages should be reasonably short — one or two brief
paragraphs would be ideal — so that as many messages as possible can
be put into each mailing.
