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Jonetta Rose Barras: D.C. Council's incomplete response

By: Jonetta Rose Barras
Examiner Columnist
November 5, 2009

D.C. Council members saluted themselves earlier this week for approving emergency legislation in response to the controversy surrounding contracts awarded by the D.C. Housing Authority to companies headed by friends of Mayor Adrian M. Fenty. But the bill, halting payments to DCHA and requiring advance reporting on transfers from the Department of Parks and Recreation exceeding $75,000, misses the mark.

It doesn't resolve the fundamental problem of a constipated contracting and procurement system, which lead Fenty and his predecessor to circumvent the process using DCHA as a conduit. The system is so sluggish and ineffective many managers have sought and received separate powers.

At least 15 agencies have independent contracting authority approved by the council or delegated by the mayor or David Gragan, the District's chief procurement officer. Each agency is required, however, to forward to the legislature multiyear contracts and contracts exceeding $1 million. (DCHA is guilty of failing to forward.)

The "transparency" legislation introduced by Ward 5's Harry Thomas doesn't void any DCHA contracts, however. It doesn't repair the procurement system. It is focused solely on DPR.

Does the legislature know what's happening in other agencies with independent authority?

An OCP spokesman told me random audits of contract files, agencies' policies and processes are conducted. Is that enough? While Gragan has a set five-year term does he have the same independence as the CFO? Can he muscle his way into agencies and demand reforms?

Interestingly, at-large Councilman Phil Mendelson asked at the legislative session "Why doesn't the mayor focus on OCP, if that's where the problem is, instead of doing a work around?"

The council should ask itself that same question. Why isn't it focused on OCP?

It might also ask why it hasn't flogged CFO Natwar Gandhi. By law, he's responsible for providing the transparency the council seeks. It's his job to keep each branch of government informed about money the city is receiving and how those funds are being spent. The CFO should have informed the council about the transfer of more than $86 million from DPR to the deputy mayor's office; those funds subsequently went to DCHA.

The CFO has become a hoarder of data.

When I sought in September the names of agencies that may have been overspending their 2009 budgets, the CFO refused to provide requested documents. Apparently he didn't give them to the council, either. And, Chairman Vincent C. Gray sent a letter this week asking for information on contract spending he should already have.

According to CFO spokesman David Umansky the office gives the council "quarterly reports on revenues and an analyses of what they mean to the city."

What about spending? Finance officials in each agency should provide monthly reports to the executive and the chairmen of the relevant council committees. But, Thomas' legislation doesn't make that demand.

So, if the council isn't fixing the fundamentals, what's it doing?

Good question.

Jonetta Rose Barras, hosts of WPFW's "D.C. Politics with Jonetta," can be reached at Rosebook1@aol.com.


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*******

Nov 5, 2009

Oh Jonetta, Jonetta, Jonetta,
1)Fenty wasn't circumventing the system because it was constipated. He was circumvent the system to engage in racketeering.

2)DCHA is not guilty of failing to forward. Fenty is guilty of hijacking the system and using DCHA to serve his own ends, while DCHA is merely complicit in this scheme.

3)Thomas' legislation isn't solely focused on DPR. Actually it's focused on keeping Fenty's butt under controlled until they find a way to lock his tail up behind bars right where he belongs.

4)At this juncture, the council is fixing the fundamentals, because the fundamental flaws are stemming from Fenty's foolishness, and they're going to fix him up real good.

 

Nov 5, 2009

Ghandi should have been fired $50 million ago.

 

Sick of the Foolishness

Nov 5, 2009

How much money are you being paid to write these articles to defend Fenty? Do you have a contract?

Fenty did racketeer to get contracts for his friends. Don't be fooled into thinking he isn't getting kickbacks. He simply isn't a nice person to help other people. Why so many people can't see through him is beyond me!

People can criticize Harry Thomas, Jr., all they want but he is alright with me because he is trying to do something to fix the problem. That's more than most can say. And the poster above is so right: the Council is fixing Fenty's foolishness. The only thing they need to do more quickly is fit Fenty for his orange jumpsuit.

 

Nov 5, 2009

I agree with all the previous posters, specifically "Sick of Foolishness." I think it was the breakfast Mrs. Barras had with Fenty a while back that may have contstrued her reality (no offense). The more Fenty's behavior is justified the more he's likely to do it. Hold him accountable like you'd do anyone else instead of making excuses. If Fenty, Nickels, Lanier et al, don't deem it necessary to abide by the laws set forth in the District then why should the residents?

 

talkinback

Nov 5, 2009

I agree that more has to be done, but these are very delicate issues. There has to be a thorough investigation of all of the issues on the table. There is likely more concerns about contracting outside of DPR, but the council has to allow the Inspector General to do that work. This approach will provide the appropriate balance of oversight versus witch hunting for the council, assuming that Peter Nickles will not attempt to thwart the efforts of the IG as he has with the Anacostia Water Front and NCRC investigation. I promise you there is more to be discovered as the IG digs in deeper. Everyone hold on. These types of things have to be managed methodically and carefully.

 

Sick of the Foolishness

Nov 5, 2009

Talkinback, you are so on point. I agree there is a process but I am highly concerned that Peter Nickles will be involved because we know he serves Fenty lock, stock and barrel. There are so many allegations of corruption it really is ridiculous. To be perfectly honest I beleive the feds need to come in. If they can investigate a day care in Montgomery County, they can certainly look into millions of dollars being misused in DC. What more does it take for a RICO warrant?

 

Sick of the Foolishness

Nov 5, 2009

RICO offenses
Under the law, racketeering activity means:

Any violation of state statutes against gambling, murder, kidnapping, extortion, arson, robbery, bribery, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in the Controlled Substances Act);
Any act of bribery, counterfeiting, theft, embezzlement, fraud, dealing in obscene matter, obstruction of justice, slavery, racketeering, gambling, money laundering, commission of murder-for-hire, and several other offenses covered under the Federal criminal code (Title 18);
Embezzlement of union funds;
Bankruptcy fraud or securities fraud;
Drug trafficking;
Money laundering and related offenses;
Bringing in, aiding or assisting aliens in illegally entering the country (if the action was for financial gain);
Acts of terrorism.

 

Nov 5, 2009

I believe that this was called emergency legislation to address what is happening now. If you watched the hearing there were several statements regarding the need to do more and that more will follow. This was to address the emergency only!

 

clarity

Nov 5, 2009

If the MOU's which precipitated the move of the projects, and therefore the funding, are instigated by Fenty's office, shouldn't we rightfully be asking him "Why?" - not the CFO, not DCHA, not DPR, not DMPED... they can only corroborate the order to move these projects, and perhaps provide the reasons they were given by the Mayor's office.

 

Very concerned DC resident

Nov 5, 2009

"But the bill...misses the mark."

People would not be outraged at Fenty because he circumvented the process if the RFP process had been fair and open and his motives were truly to improve the City for the residents.

We are outraged because he circumvented the process so he good give his buddies lucrative contracts that probably could have been done cheaper if there had been competitive bidding.

The other point to be made here is that Fenty is all about show. Fixing up parks and fields is a very easy way of looking like he is doing something. Meanwhile he is closing homeless shelters and more people are being thrown into poverty.

 


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