“They are intimidated by [Mayor Adrian M. Fenty].” That was the reason one D.C. Council member gave me Monday for why members were unlikely to take legal action against the executive.
Ward 5’s Harry Thomas Jr. had hoped to persuade his colleagues on Tuesday to vote on a resolution authorizing the council to join the lawsuit recently filed by the American Federation of Government Employees, Local 2741. As an alternative, he had discussed the possibility of the legislature initiating its own suit against the mayor; Fenty continues to ignore laws prohibiting the closing of Department of Parks and Recreation day care centers used mostly by low-income parents.
But as predicted, the council rejected Thomas’ proposal. He was forced to introduce a “Sense of the Council Resolution.” Legislators didn’t vote on that measure. Even if they had, it wouldn’t have meant anything. It doesn’t carry the force of law.
Members, some up for re-election, were worried about political fallout for going up against a powerful and popular mayor. Others were concerned about federal Judge Thomas Hogan’s comment earlier this month that the union might not prevail on the merits of its case; they believed the legislature would be joining a case destined to fail.
“We need to be in a strong [legal] position so this won’t get thrown back,” Thomas said while acknowledging his disappointment. But, he added, “I need the support of the majority of the council to move this thing forward.”
As a compromise, the council amended the fiscal 2010 budget support act to mandate the Office of the State Superintendent of Education continue to operate DPR day care centers until the legislature has reviewed and approved outside contractors.
That’s wacky: Fenty already has violated two laws. The council thinks he won’t be shy about ignoring a third?
Fainthearted is a perpetual state of being for the legislature: Chairman Vincent C. Gray could be commended for creating a so-called code of conduct, if he also had attached a system of penalties. He didn’t. And so, for all intents and purposes the status quo continues.
Ward 1’s Jim Graham could use fire department personnel as wait staff for his birthday and holiday parties as he did last year. There was a law on the books then that prohibited such action. But the council didn’t reprimand him.
Ward 8’s Marion Barry, violated local and federal tax laws. But no member proposed censure. He used public funds to tether a slippery paramour to him; there hasn’t been any slap on the wrist — although two independent investigations are underway.
So, here’s where we are: The council is too afraid to fight a mayor blatantly flouting local laws. And, it isn’t ready to set sanctions for members indisputably guilty of unethical behavior.
In other words, we’re on the yellow-brick road with not one but a group of cowardly lions.
Help us!
Jonetta Rose Barras, hosts of WPFW’s “D.C. Politics with Jonetta,” can be reached at [email protected].
