D.C. Councilman Marion Barry was censured by his colleagues and stripped of his committee chairmanship Tuesday, an unabashed rebuke of the former mayor for delivering a contract to a girlfriend and using the earmark process to benefit himself and close friends.
The unprecedented denunciation the first time ever that the council has publicly and unanimously condemned one of its own puts the Ward 8
councilman in the legal crosshairs again, subject to possible prosecution by the U.S. Attorney for D.C. Barry remains on probation for failing to pay his taxes, and he famously spent six months in prison in the early 1990s for possession of cocaine.
The council’s action comes two weeks after former prosecutor Robert Bennett released his damning report into Barry’s dubious employ of personal services contracts and earmarks, and his attempt to impede the investigation.
The council “expresses its collective disapproval of the actions of Councilmember Marion Barry,” the resolution states, and censures him for
failing to disclose his financial, personal and sexual relationship with now ex-girlfriend Donna Watts-Brighthaupt prior to the award of the personal service contracts.
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.” Barry recused himself from the vote.
The formal reprimand, Chairman Vincent Gray said, is necessary “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. Bennett’s report will be forwarded to the U.S. Attorney’s Office for possible prosecution.
From the dais, Barry offered no excuses for his “bad judgment,” but he denied any wrongdoing and implored his colleagues to reconsider. He said he was deprived of due process and subject to “totalitarianism.” His reputation impugned, Barry said, he’s been reduced to a “Southeast hustler.”
“This report was inflammatory, accusatory, drawing conclusions without fact,” Barry said. “In other words, Mr. Chairman, this is a flawed report.”
Barry’s latest legal trouble started with his arrest last Fourth of July weekend for stalking Watts-Brighthaupt, his ex-girlfriend. The charges were dropped, but the intervening inquiry found that Watts-Brighthaupt had been awarded a $15,000 contract through Barry¹s office, while they were dating, to develop a Ward 8 emerging leaders conference.
Watts-Brighthaupt returned a portion of her salary to Barry as payback for loans and gifts he had given her, Bennett’s investigation revealed.
Barry”s argument that he did not realize a personal gain from the Watts-Brighthaupt contract “does not withstand scrutiny,” Bennett wrote in a supplemental report filed with the council Monday. Whether the money Barry received constitutes “illegal kick-backs,” Bennett wrote, should be left to authorities.
As for earmarks, Bennett found, Barry directed $450,000 in fiscal 2009 to six nonprofits that were conceived and implemented at his direction. Some documents were falsified, and several Barry confidantes collected thousands of dollars for the work they did in connection with the half-dozen Ward Eight Councils.
At-large Councilman Michael Brown was named housing chairman. Council members also voted to install new reprimand, censure and earmarking policies.
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