D.C. Councilman Marion Barry was censured Tuesday by his colleagues and stripped of his committee chairmanship, an unabashed rebuke of the former mayor for delivering a contract to his girlfriend and using the earmark process to benefit himself and close friends.
The former mayor is in the legal cross hairs again, subject to possible prosecution with the referral of charges to the U.S attorney for D.C. Barry, the Ward 8 council member, remains on probation for failing to pay his taxes.
The unprecedented censure follows the release of a scathing report, from former prosecutor Robert Bennett, alleging Barry’s dubious use of personal services contracts and earmarks, and his attempt to impede the investigation.
The council expressed its “collective disapproval” of Barry for failing to disclose his financial, personal and sexual relationship with now ex-girlfriend Donna Watts-Brighthaupt before the award of a $15,000 personal service contract.
His conduct, the council concluded in a 12-0 vote, “constituted a conflict of interest, violated the public trust, and cast substantial doubt on the integrity of the District government in violation of numerous District laws and regulations.”
The formal reprimand, Chairman Vincent Gray said, is needed “to ensure the self-preservation and institutional integrity of this council and its proceedings.”
Barry was removed as chairman of the Committee on Housing and Workforce Development and as a member of the finance and revenue panel. Allegations of corruption will be forwarded to the U.S. Attorney’s Office for possible prosecution.
The former mayor offered no excuses for his “bad judgment” but vigorously denied any wrongdoing. He said he was denied his rights in a process badly handled from the beginning. His reputation impugned, Barry said he has been reduced to a“petty thief” and a “Southeast hustler” by an inflammatory, accusatory and flawed report.
“The council made a mistake,” he said.
Barry’s latest legal trouble started with his arrest last Fourth of July weekend for allegedly stalking Watts-Brighthaupt. The charges were quickly dropped but the damage was done as reporters dug into the two’s personal and professional relationship.
Watts-Brighthaupt returned a portion of her salary to Barry as payback for loans and gifts he had given her, Bennett’s investigation revealed. Whether the money Barry received constitutes “illegal kickbacks,” Bennett wrote, should be left to authorities to determine.
“I know that you’re committed east of the river,” Ward 7 Councilwoman Yvette Alexander said to Barry. “This really hurt me a lot.”
As for earmarks, Bennett found, Barry directed $450,000 in fiscal 2009 to six nonprofits that he conceived and directed. Several Barry confidants collected thousands of dollars, the report contended, for work of questionable value.
Councilman Michael Brown was named housing chairman.