Harry Jaffe: Fenty beats council in the latest game of kill the contract

Vince Gray blinked.

He threatened to stop payment at midnight tonight on $875 million in contracts. On Tuesday he said — never mind.

Can we come to another conclusion from the city council’s capitulation? The legislators, lead by Chairman Gray, agreed to give Mayor Adrian Fenty another week to submit the $875 million in contracts that he should have sent up for review — last year.

It’s no secret that Fenty has little regard for the city council. Oh, he “loves” individual members. “Best council ever,” he says when asked. But as a whole legislative body, he will kick it to the curb with a flick of his running shoe, ignore its votes and do as he wishes.

After watching the city council’s lack of resolve Tuesday, I wonder whether we shouldn’t start thinking of it as a 14-member group, with Fenty part of the team. Only he has a veto. Or Vince Gray will do whatever he asks.

During the Marion Barry mayoral era, we called the council Marionettes. Adrianettes sticks in this case.

Joking aside, the city council needs to stiffen its back. In the checks and balance system that lies at the base of our government systems — from cities to states to the feds — the legislative gets to oversee the actions of the executive branch. In this case, the law says the mayor has to submit contracts over $1 million to the council for review. Why did Fenty think he could spend the money without review?

The answer is that the law is not clear on the type of contracts in question.

By law, the council clearly has the right to review one-time contracts worth more than $1 million. And by law, the council has the power to assess multiyear contracts worth more than $1 million.

The contracts in dispute are a third variety. Called “option year” contracts, they are submitted once to the council, and the mayor then has the option to renew them — with or without council approval. In September, the council cleared up the law and required “option year” contracts be sent for review.

But the $875 million in play were let before September and are not covered by the new law. Fenty could have sent them up but decided against it.

In this murky terrain, Gray tried to take a stand. And stumbled.

Gray and Fenty have been squabbling over contracts for months. The council has accused Fenty of handing sweetheart deals to his buddies. This was supposed to be a defining moment, when the council could assert itself and bring the government to a halt, if the mayor wouldn’t come across with the contracts.

My guess is that Fenty’s aides will strike a deal with Gray: They send up the contracts; he promises to approve them. This deal could be struck by Friday, my sources say.

But once again, it seems as if Fenty can have his way with Gray and his council. That must not build much confidence in those who want Gray to challenge Fenty for mayor.

E-mail Harry Jaffe at [email protected].

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