In October, Councilmember Grosso sent a letter to Mayor Gray outlining Grosso's priorities for the fiscal year 2015 budget.
Councilmember Grosso was pleased to submit a poem that he authored entitled “Poblanos from Seed” for D.C. Scores as they kicked off National Poetry Month
Yesterday, Mayor Vince Gray signed into law a bill to decriminalize small amounts of marijuana. Grosso was pleased to join Mayor Gray with the Council in signaling his support for ending the racial disparities with regard to marijuana related arrests in the District of Columbia. The repercussions of even misdemeanor marijuana possession charges or convictions are anything but minor, effecting employment, housing, and even federal financial aid. Although passage of this bill was a good first step, Grosso believes that the government must do more to reduce the barriers for those convicted with a marijuana possession charge. Out of concern for the 60,000 D.C. residents with a criminal history whom are unemployed, Grosso introduced the “Record Sealing for Non-Violent Marijuana Possession Act of 2013” last September and urges the Council to pass this important legislation.
The bill requires that criminal records be sealed by the Metropolitan Police Department and D.C. Superior Court for all persons convicted of a non-violent possession of marijuana. The sealing of records will include criminal history of notation of arrests, detentions, indictments, sentencing, correctional supervision, rehabilitation and release. Another provision in the legislation will block employers from asking if an applicant previously had their records expunged or sealed.
“Our city is negatively impacted because of the stigma associated with an individual who has a criminal record,” said Grosso. “As we have seen over many decades with the War on Drugs – society can be unforgiving. Government policies should not create road blocks that deny an individual a second chance. This bill is important because it will create an opportunity for individuals with a non-violent possession of marijuana record to become productive members of society without barriers to becoming gainfully employed.”
The legislation was co-sponsored by Councilmembers Bonds (D-At Large), Bowser (D-Ward 4), Cheh (D-Ward 3), McDuffie (D-Ward5), Alexander (D-Ward 7), Barry (D-Ward 8), and Chairman Mendelson. Councilmember Wells (D-Ward 6), Chairman of the Judiciary Committee held a hearing on this bill in December.
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A runoff system would improve the District’s democratic process
By The Washington Post Editorial Board
Published: March 27
AMONG THE calculations some District voters are weighing in advance of Tuesday’s Democratic primary is whether to bypass the person they most want elected in favor of a candidate whom they think might have a better chance of winning. Underscoring that dilemma is an expected low voter turnout and a large field of candidates that could produce a winner with a meager plurality. Not exactly the best recipe for democracy.
That is why there is much merit to a package of reforms being championed by D.C. Council member David Grosso (I-At Large) that would overhaul how elections are held in the District. Legislation introduced this month by Mr. Grosso would solve the problem of candidates winning without a majority of votes. He favors an instant-runoff system that casts and tabulates votes by ranked choice. He also would allow registered voters to change their party affiliation all the way through Election Day, which could increase turnout.
The current primary system effectively disenfranchises a swath of District voters who don’t identify with a political party. The number is growing, with an estimated 76,000 voters — some 17 percent of the city electorate — registered as independents. Removing the barriers to their participation in the democratic process would be a healthy move. So would ensuring that people elected to public office have a mandate from a majority of voters.
None of these changes would take place in time for this year’s elections. The legislation — along with a third measure that would require candidates to show they or their previous campaign committee have no outstanding fines or other debts to the city — has been referred to committee. Their prospects are uncertain, since it’s hard to focus interest on election reform once an election is past. That, though, is exactly when the changes must be enacted so as not to change the rules midstream, during a pending contest.
A more serious hurdle is likely that the people who need to enact these measures are the ones most liable to see their self-interests hurt, because current election methods favor and protect incumbency. We would urge them to follow the lead of Mr. Grosso. He understands that if the new rules are in place in 2016, as he hopes, he might be standing for reelection in a more competitive field and having to appeal to more voters. But he told us the purpose of being on the council shouldn’t be about protecting one’s seat but rather “trying to do things better in the long run.” Let’s see which of his colleagues agree.
The winter weather has decided to stick around a little while longer and as a result of the snow, the Committee on Transportation and the Environment rescheduled the performance oversight hearing of the Bicycle Advisory Council (BAC), Pedestrian Advisory Council (PAC) and the District Department of Transportation (DDOT) several times. Finally, on Friday, March 21, the hearing got underway, and ran for six hours.
Bicycle Advisory Council (BAC):
- In FY13, the BAC was unable to access the $10,000 budgeted for them due to a lack of clarity on the process to access the funds.
- Frequently, the BAC makes recommendations to DDOT as it relates to bike safety and infrastructure. BAC’s facilities committee is working to develop a mechanism to track their recommendations and whether or not DDOT has made progress to implement them. The BAC noted that there is still not strong follow-through on the part of DDOT.
Pedestrian Advisory Council (PAC):
- In FY13, the PAC created the Enforcement & Education Committee as well as the Walking Environment Committee. These committees work to increase awareness around pedestrian safety.
- The PAC is continuing their efforts to advocate for more traffic control officers and expressed support for photo enforcement.
- The PAC still has concerns with the slow progress of DDOT on addressing sidewalk gaps.
District Dept. of Transportation (DDOT):
- For residents living within the District’s 68.3 square miles, parking can often be a challenge. DDOT is reviewing the District-wide residential parking program (RPP) and making changes to the wards that were re-districted, as well as updating their files. The review process is 95% complete.
- Wouldn’t it be nice to tweet confusing parking signage to DDOT and get a response immediately? Well Councilmember Grosso recommended this and DDOT explained that they currently receive pictures and complaints via Twitter and emails, as well as, receiving calls through 311. DDOT officials noted that there is a 311 mobile app that allows users to upload pictures, which are then submitted to DDOT’s work order management system and assigned a ticket number. DDOT continues to make improvements to streets signs, working block-by-block to fix confusing signage.
- Food truck advocates expressed that while few signs do exist for street vendors, more are needed and all signs should specify the times for which vendors can park. DDOT explained that the rollout of the Mobile Roadway Vending (MRV) locations has, overall, been good; however, they are trying to work out a few kinks. Specifically, DDOT explained that there is a challenge with creating permanent signage (currently they provide temporary signs) because once a permanent sign goes up, it is increasingly more difficult to go back and make any adjustments to them.
- Safety is always a priority and each year DDOT works to identify 50 dangerous intersection locations, a process that tends to take 2 years to address with the first year dedicated to design plans and the 2nd year devoted to construction. This year, DDOT is working to provide pavement markings, high visibility signs and more.
- More construction is on the way! Councilmember Grosso explained that the intersection located at 4th Street, Massachusetts Avenue and H Street NW is extremely dangerous and confusing. The Councilmember requested that a traffic control officer be placed at this location; however it won’t happen. DDOT expressed their concerns with this intersection but stated that in a few weeks massive construction will be taking place at this site. To assist residents with their daily commutes, DDOT stated that they will be able to produce some site maps informing residents of where major construction is taking place and offering alternative routes.
Thank you, Chairman Evans. And thank you to the witnesses who are here today to testify for the annual oversight hearing for the Commission on the Arts and Humanities.
When a city has a thriving arts community, it signals support for, and recognition of, the value that a creative economy brings to a city. A creative economy exists when the ideas of individuals generate public ideas, products, and services through financial assistance. A creative economy integrates multiple artistic and entrepreneurial disciplines. Investment in all stages of creation fosters innovative and artistic benefits for our homes, schools, offices, and streets.
To cultivate a creative economy, the government must play a larger role because while we have the funding, we lack the mechanisms to support the distribution of funds. Our city will have a thriving, artistically expressive, and vibrant community if it collectively supports all of the sectors that make up the creative economy. There are at least four steps we need to take in order to do this successfully:
- First, we need to have plans in place to fund the space where an artist works. This means funding for studios, living quarters, theater space, galleries, and public outdoor spaces that can house large installations.
- Second, we must cultivate relationships with new artists and maintain on-going relationships with established artists in the city. We must insist that art is present everywhere and in order to do this we must support the artists and musicians. We should be able to easily track the artists in our city and what projects they are working on and what support they need. There should be an identifiable connection between our community and the networks of artists in D.C.
- Third, we must support the institutions that are already serving our city and have been for decades. These theater companies and music and dance studios are already executing the production process. The support they need is with capital projects, infrastructure, and wrap around services in order to sustain their businesses. We should broaden our idea of what supporting the arts means and not only invest in the finished product, but also invest in what is necessary to sustain ongoing production.
- And lastly, we need to finance finished products. We have acres of government owned, unused or underutilized land throughout the city, particularly in neighborhoods that would greatly benefit from public art pieces. We need to be financing music, dance, and performing art schools so that all of our residents can access it, learn about it, and participate in it organically. Again, this should be the responsibility of the government and not the people of District.
In order to accomplish all of the categories that I mentioned, we need a strong, capable, and willing Commission that can think broadly about how we can create these opportunities and will take on the burden to grow the creative economy in the District. We need creative minds at the Commission, those who are thinking about ways to spend funds with vision and efficiency. If DCCAH can execute a strong plan then it will be in the position to be a recognized leader in how arts and humanities support should look. There is no reason why our jazz festival cannot compare to New Orleans’, our film festivals to Sundance, or our public art shows to Basel or the Biennale.
I am interested to hear the Commission’s plans for its future and to know what they are doing in the community. I look forward to the witness testimony and engaging with you in the discussions that follow it. Thank you.
by Anne Robinson
This week, Councilmember Grosso along with Councilmembers Catania, McDuffie, and Wells introduced the Fair Leave Act of 2014. The bill was referred to the Committee on Government Operations. The intent is to provide government employees up to 6 weeks of paid leave in connection with the birth, adoption, or fostering of a child, or the care of a family member who has a serious medical condition. By offering 6 weeks of paid leave for a government employee, we actively invest in families by supporting early childhood development, the health and welfare of residents, the retention of women in the workforce, and the vital role that parents play. I think that 6 weeks of paid leave is a very small price to pay for outcomes that have such a diverse impact.
Currently, the District of Columbia Family Medical Leave Act (D.C. FMLA) allows for all persons working for businesses with 50 employees or more to receive up to 16 weeks out of a continuous 24 month period of unpaid leave to care for a family member in the event of a birth, adoption, fostering, or illness. A family member is a person related to the employee by blood, legal custody, or marriage; a child who lives with the employee; or a person with whom the employee has shared a home with in the same year. The D.C. FMLA unpaid leave allows for 4 weeks longer than the federal FMLA. The definition of “family member” is inclusive and reflective of whom we label and identify as family here in the District. The law includes safeguards for the employee’s position and benefits during a period of unpaid leave and also protects the interests of the employer.
We believe that amending the D.C. Code to allow for 6 weeks of paid leave will have positive impacts on education, health and welfare, and human rights in our city.
Education
Councilmember Grosso serves on the Committee on Education and he hears the testimony from parents and teachers alike about their concerns for the educational development of children. He is also involved in analyzing the District’s need for universal pre-kindergarten programs that start as early as three years of age to ensure that we are reaching the children who are not getting basic skills at home that help them to be school-ready. Studies have shown that beginning at birth, care-takers in the home foster the necessary development of communication, empathy, curiosity, creativity, and confidence. These are just some of the fundamental traits that children need to develop prior to beginning pre-school and kindergarten programs. When parents can nurture language and literacy starting from birth a child is better prepared both physically and emotionally when they enter school. When we provide parents with the tools they need to teach their children we set into motion foundations for a child’s future success.
Health
Councilmember Grosso also serves as a member on the Committees on Health. From meetings with nurses, health care providers, and patient advocates we are constantly discussing ways that we can broaden and ease the recovery process for those who are ill and in need of care. One way to do this is to offer paid leave for a new mother to stay at home with her infant child so that she can recover from the delivery without the fear of the financial burdens that an individual or family faces when they must take leave from work. The average time to heal from the birth of child is 6 weeks, but that is under the best of circumstances. Recovery from a surgical cesarean delivery, complications from the delivery, or post-partum depression can increase the need for leave time. It is vital that our city provides high quality health care and assistance to low-income residents of the District who need it. If a parent has to choose between working and staying home with a new child it can delay regular well-baby checks-ups or immunization schedules, which is a serious public health concern.
Gender Roles and Balance
As gender roles in our society shift, the roles of men and women in the household are also changing. Positions and opportunities for women in the workplace are evolving while at the same time women must strive to be perceived as equal to their male counterparts. Women do not want to face employment setbacks for being pregnant or taking time off. This legislation gives either parent the benefit of taking time off to care for a family member without the fear of lost positions or wages. The legislation also promotes the necessary role that fathers and secondary caretakers play in their child’s development. When the government supports fathers to stay home with a newborn, studies have shown that this solidifies their involvement in the long-term care of the child. This bill acknowledges that not only is the man’s employment position or salary relevant, but also his involvement and concerns as a parent. We recognize that there is a great diversity of families and this bill is designed to be inclusive of all family structures.
Economics
The United States ranks second from the bottom, runner up to Pakistan, for paid maternity and paternity leave. Norway and Canada top the paid leave charts with four months of paid government leave for both parents. Even though our economic structure and system of government do not function the same way as these countries, it might be time to consider the economic benefits that can be gained from providing paid leave. California, New Jersey, and Rhode Island all offer 6 weeks of paid leave for all employees, which is funded through a payroll tax. The state of Washington passed paid leave legislation and is currently working on their budget for the program. In July 2013, the U.S. Senate Labor, Health and Human Services, and Education Appropriations Subcommittee approved a fiscal year 2014 spending measure that includes $5 million to support a new State Paid Leave Fund. The fund will provide planning and implementation grants to states wishing to establish paid leave programs and provide benefits to workers who need to take time off for reasons covered under FMLA.
Mayor Gray indicated in his State of District speech that he would also be introducing similar legislation that would allowed for 4 weeks paid leave for the primary caregiver and 2 weeks for the secondary caregiver. These are all signs of progress and we hope the District of Columbia will be next on the list to offer a similar benefit.
To offer District government employees 6 weeks of paid leave is economically sound. By having this policy in place, we will attract more qualified employees to work here and we will encourage the mothers to return to the workplace. By granting flexibly and time to recover and bond, parents will feel less pressure about their financial situation. And by having parents who are able to stay at home with the concern of financial burdens lifted they will be able to focus on the child. This concept loops us back to better public health, stronger families, and promoting the basic education and skills a child needs starting from birth to be healthy and school ready.
*All posts are approved and endorsed by Councilmember Grosso.
In response to recent policy developments negatively targeting the lesbian, gay, bisexual, and transgender communities domestically and around the world, Councilmember Grosso introduced this Sense of the Council Resolution.
Our Nation’s Capital Becomes America’s 5th ‘Open Law’ City with New Online Platform that Makes the District’s Laws Accessible and User-Friendly for All
WASHINGTON, DC (March 19, 2013) – The non-partisan, non-profit OpenGov Foundation and the Washington, D.C. Board of Ethics and Accountability’s Office of Open Government today announced the launch of DCdecoded.org, a free software platform that empowers all District residents to discover, access, and use local laws when they want, and how they want. Washington, D.C. becomes the 5th “open law” city in the United States, joining the nationwide America Decoded network of user-friendly, online and restriction-free municipal and state legal codes.
Click Here to Access DCdecoded.org
“DCdecoded.org is a necessary resource for District residents” said Traci L. Hughes, director of the D.C. Office of Open Government. “The value of a transparent government is limited unless the public has the ability to access, and easily navigate its laws. Greater access will inevitably lead to more people becoming engaged with our lawmakers and the legislative process – and that is open government at its best.”
DCdecoded.org lifts and ‘liberates’ the District’s Municipal Code from unalterable, often hard to find online files —such as PDFs—by inserting them into user-friendly, organized and modern website formats. This straightforward switch delivers significant results: more clarity, context, and public understanding of the laws’ impact on D.C. citizens’ daily lives. For the first-time, DCdecoded.org allows unrestricted reuse of municipal laws and legal data by everyday residents so that they can use, share, and interact with it as they see fit. Simply, DCdecoded.org gives citizens the information they need, on their terms.
“I am thrilled to finally have the District’s Municipal Code in a user-friendly format,” said D.C. Councilmember David Grosso. “Residents will now be in a better position to engage with me and my colleagues on the D.C. Council because they will be able to understand how the laws we pass impact their lives on a daily basis. I am very impressed with the hard work of both the Board of Ethics and Government Accountability’s Office of Open Government and the OpenGov Foundation, who together made this possible here in our nation’s capital.”
As the website evolves to meet the growing needs of citizens, stakeholders, and government employees, D.C. residents will soon have access to municipal regulations at their fingertips in real-time. Much like Google, DCdecoded.org offers the ability to search city existing and proposed laws by section, topic, and tags.
DCdecoded.org and America Decoded network are powered by the The State Decoded, an open-source software platform and API used to display states’ law codes. The free platform was originally developed by Waldo Jaquith in 2010, thanks to a generous grant from the Knight Foundation. The America Decoded network has since grown to include the legal codes of Maryland, Virginia, and Florida, as well as the municipal laws of Baltimore (MD), San Francisco (CA), Philadelphia (PA), Chicago (IL) with more states and cities in the process of joining. Committed to using taxpayer dollars effectively and efficiently, the OpenGov Foundation and State Decoded teams have partnered to ‘liberate’ the law online in every state, city and town in America…at absolutely no cost to taxpayers.
D.C. Office of Open Government, http://www.bega-dc.gov/office-open-government
The Open Government Office, an independent office within the Board of Ethics and Government Accountability, enforces the Open Meetings Act, monitors the District's Freedom of Information Act compliance and aids agencies with implementing open government practices.
CONTACT
Traci Hughes, Director
D.C. Office of Open Government
Email: traci.hughes@dc.gov
Phone: (202) 481-3411
The OpenGov Foundation, http://opengovfoundation.org/
The OpenGov Foundation is dedicated to developing and deploying technologies that support every citizen's ability to participate in government, and hold it accountable. The State Decoded is a project launched by Waldo Jaquith and built upon by the OpenGov Foundation, both with funding by a grant from the Knight Foundation.
CONTACT
Seamus Kraft, Executive Director
OpenGov Foundation
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With a court set to hear arguments this week regarding the D.C. government's use of rec centers to shelter homeless families, we thought we should share this letter from Councilmember Grosso to Mayor Gray from Friday:
In addition to posting our summaries of agency performance oversight hearings over the past weeks, we also want to share with you the follow-up oversight that happens in this process. After a hearing, Councilmembers often send letters to agencies with further questions. Here is Councilmember Grosso's letter to the D.C. Department of Employment Services, and the Office's response:
In addition to posting our summaries of agency performance oversight hearings over the past weeks, we also want to share with you the follow-up oversight that happens in this process. After a hearing, Councilmembers often send letters to agencies with further questions. Here is Councilmember Grosso's letter to the D.C. Department of Small and Local Business Development, and the Office's response:
In addition to posting our summaries of agency performance oversight hearings over the past weeks, we also want to share with you the follow-up oversight that happens in this process. After a hearing, Councilmembers often send letters to agencies with further questions. Here is Councilmember Grosso's letter to the D.C. Office of Motion Picture and Television Development, and the Office's response:
This preliminary report from the D.C. Office of the Tenant Advocate was shared with Councilmembers after the Office's oversight hearing, which included discussion of the impact of the District's rent control laws on affordable housing in the city.
In addition to posting our summaries of agency performance oversight hearings over the past weeks, we also want to share with you the follow-up oversight that happens in this process. After a hearing, Councilmembers often send letters to agencies with further questions. Here is Councilmember Grosso's letter to the Department of Parks and Recreation, the Department's response, and David's follow-up letter:
In addition to posting our summaries of agency performance oversight hearings over the past weeks, we also want to share with you the follow-up oversight that happens in this process. After a hearing, Councilmembers often send letters to agencies with further questions. Here is Councilmember Grosso's letter to the D.C. Taxicab Commission and the Commission's response:
Last week was supposed to conclude the D.C. Council oversight hearings, but thanks to the snow days there will be a couple more scattered through the rest of the month. The schedule was not quite as packed as the week before, but it was still challenging to keep up with every hearing when so many happen at the same time. Councilmember Grosso hustled between hearings by the Committee of the Whole, Committee on Education, and Committee on Health. This is our latest recap—be sure to check out our write-ups for the weeks of February 17th and February 24th.
Quote of the Week:
Public Witness from Americans for Safe Access: “There are no known instances of overdosing on marijuana, and as a Maryland physician testified, you would have to smoke a joint the size of a telephone pole for that to happen.”
The Committee of the Whole wrapped up its oversight hearings last week with testimony about the Contract Appeals Board, District of Columbia Retirement Board, Retiree Health Contribution, Teacher’s Retirement System, Police Officer’s and Firefighter’s Retirement System, Office of Zoning, and the Office of Planning.
- Councilmember Grosso was splitting his time between the Committee of the Whole hearing and the Committee on Health hearing happening at the same time. He heard testimony from and asked questions of Marc Loud, Chief Administrative Judge of the Contract Appeals Board (CAB). The CAB hears both appeals (i.e., adversarial proceedings wherein either the government or a contractor under an existing contract initiate a lawsuit for damages for breach of contract performance or payment) and they hear protests (i.e., adversarial proceedings wherein a disappointed bidder challenges a contract award or solicitation). The D.C. government is always a named party in either type of appeal because all of the cases have government contracts at issue.
- The three recently appointed CAB Judges inherited a backlog of 41 cases and for those of you who are unfamiliar with this type of work…that is a lot. The Judges and their staff narrowed this number down to six legacy cases without creating a second generation of backlog appeals.
- All of the Judges and staff attorneys (five in total) are barred and in good legal standing in the District. We wish this was not a question we had to ask, but with the current climate of not-so-good government it is important that the awkward questions get asked, too.
- There were over thirty witnesses who came to testify about the the Office of Zoning (OZ) and the Office of Planning (OP) prior to the government witnesses. Most of the public witnesses testified about the Comprehensive Plan and the Zoning Regulation Revisions (ZRR) The ZRR is roughly 1,000 pages of changes and edits meant to bring the regulations into the 21st century. After more than five years of hearings on the revisions, we are starting to feel like by the time it is complete it will be time to start all over again.
- With the government’s loss of our former city planner, Harriet Tregoning, the Office of Planning is moving ahead with its plans (no pun intended?) for the city and to continue to accomplish new development while still preserving the city’s historic character. The Councilmember was not able to stay for the government witness testimony, but his position on the matter is documented in our blog post from last year.
The Committee on Education also held its final performance oversight hearing last week, with the DC Public Charter School Board (PCSB).
- The PCSB has definitely stepped up its oversight of school discipline policies over the past year and as a result the expulsion and out of school suspension rates are down. While all were pleased with this news, the PCSB said they would look more closely at mid-year withdrawals to ensure that students are not being “counseled out” in lieu of expulsion. Councilmember Grosso asked the PCSB to take a closer look at their preschool school discipline policies. In data provided to the Committee by the PCSB, some charters schools are suspending students in PK-3 and PK-4. Why would a school ever need to suspend a child that young?
- The PCSB recently redeveloped its Performance Management Framework (PMF) tool that helps schools disaggregate their data by subgroups to see where they are falling short in terms of the annual evaluation.
- It does not seem like the PCSB will be working in collaboration with D.C. Public Schools (DCPS) anytime soon to ensure that new charter schools are not opening up right down the street from a DCPS school. Let the competition continue, we guess. Though is that really the most efficient use of taxpayer dollars?
- There seems to be some inconsistency between school evaluations conducted by PCSB and the Office of the State Superintendent of Education (OSSE). The PCSB closed one school for poor performance rating under the PMF that was labeled as a “Reward” school (highest ranking a school can achieve) by OSSE. This isn’t a good situation but there is no obvious resolution right now.
Our week ended spending a lot of time with the Committee on Health on various agency performance oversight hearings.
Department of Behavioral Health
- From recovering addicts, to rehabilitated former criminals, to survivors of the 1977 Hanafi siege of the Wilson Building, this hearing was filled with very impassioned testimony. Many public witnesses praised DBH’s Certified Peer Specialist Program which they touted as life-changing and extremely effective.
- Councilmember Grosso noted that the depression rate among African-American women is estimated to be almost 50% higher than that of Caucasian women and inquired about the Department’s efforts to reduce the stigma and market its services to this demographic. DBH said they are addressing this disparity, for example with a program for young mothers who are TANF recipients, and continuing to try to increase access points for communities of color.
- Concerned about the issues facing our homeless residents, Councilmember Grosso asked DBH what they are doing to cut down the wait times (25.1 months) for consumers to access housing. DBH received 1,068 Housing Waiting List applications from consumers self-reporting as homeless in FY13. Director Baron noted that this area is a challenge due to extremely low supply of affordable housing in the face of high demand. Currently, DBH offers 1,600 affordable housing units paid for with DHCD capital funds. Although the waiting list does continue to grow, DBH is actively working with DHCD through monthly calls to address this issue.
- Despite the high number of District residents who receive healthcare through Managed Care Organizations (MCOs), DBH has no full time employees dedicated to working directly with MCOs. However, the Department does frequently collaborate with DHCF to address issues around behavioral health treatment within the MCOs. We are going to keep a close eye on this topic, including during the budget process.
Department of Healthcare Finance
- If you care about domestic policy, you always need to follow the money involved in healthcare. In FY13, DHCF spent nearly $2.3 billion to implement both Medicaid and Alliance programs. The entire budget of the District of Columbia is about $6 billion. DHCF’s Medicaid Managed Care program is the single largest item on the agency budget covering over 160,000 beneficiaries, via managed care organizations (MCOs).
- For the first time ever, DHCF released a performance report for the MCOs (http://dhcf.dc.gov/node/775862). This information will inform DHCF decisions regarding contract renewal. Councilmember Grosso has been pushing for more oversight of MCO spending and outcomes and this is a welcome first step.
- It’s clear the agency is learning from past mistakes. Currently, MCOs are required to have a risk-based capital level ratio of about 1.50, which ensures that the MCO has reserves to pay for services that have been provided but not yet reimbursed. When Committee Chairwoman Alexander asked Director Turnage why there was a requirement, Turnage’s response was simple: “To avoid what happened with Chartered.”
- Much of the growth in spending can be attributed to the long-term care program which has had year-to-year growth rates of more than six times the levels observed for the entire Medicaid program over the same period in the last few years. You have maybe heard of the Medicaid fraud investigation?
- Speaking of which, the federal fraud investigations for the Personal Care Attendant program has required DHCF to suspend payments for 52% of home health providers, which covers about 79% of the beneficiaries. DHCF is working to ensure that this doesn’t mean people lack access to necessary medical services.
- One of the greatest concerns raised during this hearing centered on the Elderly & Persons with Disabilities Medicaid Waiver program. Many witnesses testified that waivers have been wrongly terminated rendering them unable to recertify for months at a time, worsening their conditions.
Department of Health
- BIG NEWS on medical marijuana: Director Garcia testified that as a physician he does not believe there should be a list of qualifying conditions for medical marijuana and that it should be a decision solely between the patient and their doctor. No other regulation requires this kind of pre-clearance from the Department of Health of physicians. We look forward to having Director Garcia’s support in moving D.C. law and regulations to that goal.
- DOH has funding ($200K) to provide local farmer’s markets with matching funds for low-income residents who use EBT cards to purchase fresh produce. DOH is working to get that money distribute to local markets before the farmer’s market season starts in April.
- High school students from the Young Women’s Project testified on the Wrap MC peer educator program on sexual health, sponsored by HIV/AIDS, STI, Tuberculosis Administration at the Department of Health. Students recommended some type of sexual health and education program be available beginning in middle school. DOH reported they are in conversations with DCPS about similar Wrap MC programs in middle school. Please don’t clutch your pearls at this idea. Believe it or not, the average age of sexual debut in the District is between 11 and 12 years old, and these young people need to know how to protect themselves and be safe.
- While the infant mortality rate is on the decline in D.C., there are a couple of Wards where the rate is as high as 12%--double the national rate of 6%. Most of these patients are insured, which is most troubling.
The week of February 24-28, 2014 was an epic one for agency performance oversight hearings at the D.C. Council. Councilmember Grosso set out to attend every oversight hearing for the committees where he is a member—there were 12 hearings, addressing 29 government agencies. We covered all those hearings plus monitored a couple others! Like last week, what follows is a presentation of key moments from some of those hearings.
Quote of the week:
"There are two critical attributes for gaining employment with the Washington Aqueduct—have a fundamental understanding of the pH scale and understand why water is wet.” --Washington Aqueduct General Manager Thomas Jacobus. If that’s you, check out their job openings!
Councilmember Grosso and staff were kept busiest by the Committee on Education, with three days of hearings centered on the Office of the State Superintendent of Education (OSSE) and D.C. Public Schools (DCPS). Two Washington Post articles helped set the agenda on the management of D.C. TAG (Tuition Assistance Grants, for D.C. students who go to state universities outside the District) and DCPS budget reprogramming of capital funds, published immediately prior to the respective hearings. You have to appreciate when the fourth estate also takes on an oversight role, right? Read on for some additional highlights from the hearings.
Office of the State Superintendent of Education
- High school students who volunteer with the Young Woman’s Project were back this year to testify on the need for D.C. to update its health and sexual education curriculum. “Sexuality is taught where straightness is the norm and anything else is an aberration,” one student testified. The Committee will include language in the FY15 Budget Support Act to ask OSSE to report on the status of health curriculum revisions by October 1.
- There was a spirited discussion about a little known change regarding student eligibility for free and reduced meals (FARM) that may have an impact on student achievement data. Last year, many D.C. schools moved to “community eligibility” for FARM meaning that if at least 40% of students at a school met the income eligibility requirements for FARM, then the entire school does. The tension arises when FARM data points are also used for student achievement. At schools like Hardy MS where just over 40% of students are FARM eligible, the other 60% of students are now being counted as such. Committee Chairman Catania suggested that this “community eligibility” distinction could distort our student achievement growth data.
- Speaking of student achievement growth, OSSE agreed to post online all of the school improvement plans that have been approved under the Elementary and Secondary Education Act waivers. It takes a community to turn around a school, so why not let everyone know what we’re working towards. Be on the lookout for those on the OSSE website soon.
- There needs to be a complete overhaul of the teacher licensure system. Can you believe everything is still paper-based?! Only four people work in the OSSE licensure division and it takes about 8-10 weeks to get approved, which is entirely too long in our opinion.
D.C. Public Schools
- If you’re a parent looking at schools, you might want to compare DCPS and public charter schools side by side. Once upon a time, DCPS tried to create a common school rating system with the public charter school sector. Unfortunately, the two could not come to an agreement. So there are two systems, and no plans to try again for a unified metric. Which is a shame.
- We are just months away from the expiration of our federal Race to the Top (RTTT) grant and DCPS still hasn’t implemented any turnaround plans under RTTT because they have not been able to receive approval from OSSE to spend the funds in time. Yes, let this knowledge marinate for a second. Millions of dollars are going unspent. But since OSSE committed to post the plans online soon, which implies they must be approved, this ball should finally be rolling.
- Just before the hearing, the Chancellor and the Mayor released the reprogramming of funding for modernization at schools which had some major “winners” and “losers.” The Chancellor sought to clarify some decisions. She first reported that Payne ES modernization dollars had been restored. Garrison ES was removed from Phase I modernization because the Mayor decided to do a full modernization for Garrison in FY15. The Chancellor also noted that there could be more changes to capital improvement plans to address some critical Americans with Disabilities Act (ADA) violations at schools like Banneker HS, as pointed out by Councilmember Grosso. Going forward, all Phase I school modernizations will address ADA compliance issues.
- Councilmember Grosso asked Chancellor Henderson about the continuity of leaders and whether the one-year contracts for school administrators is helping or hindering DCPS keep its effective leaders. The Chancellor reported that she is conversations with the CSO (school leader union) about 3-year contracts for school leaders. A BIG move if they can get it to work.
- Not everyone likes the U.S. Department of Agriculture’s new healthy nutrition standards for school lunch. Participation rates across DCPS are down because the food isn’t as flavorful. Councilmember Grosso noted that they should consider food trucks—turns out that’s what some of the students have been asking for.
We are certainly looking forward to the Mayor’s FY15 budget to see how DCPS better equalizes the rigor and programming across its middle schools and education campuses. The big money question: is it OK for some more advanced courses like Algebra I to have 3 or 4 students in a classroom, or should those courses be cut?
Oversight hearings by the Committee of the Whole covered eight different agencies! However, the Office of Contracts and Procurement had just recently had a hearing, and several other agencies are multi-jurisdictional, so the bulk of energy was put into oversight of the University of the District of Columbia (UDC) and the UDC Community College. The oversight hearing—covering UDC, the community college, and the law school—was a marathon, clocking in at over six hours.
- One hurdle that Councilmember Grosso discussed with UDC President Lyons was how the institution can overcome the barriers that it faces for Middle States Accreditation. To that end, UDC recognizes that it must take action to implement its Vision 20/20 Plan, so that it can operate less as a government agency and more like an independent higher education institution.
- There was the robust discussion about dual eligibility and how the college plans to engage with DCPS and public charter schools to get our resident students into early college prep courses to earn both high school and college credits.
- Another hot topic was retention and graduation rates--UDC currently retains and graduates only about 16% of the students that enroll at the school. We do not know the percentages of students who transfer out to other institutions or leave higher education altogether. The University is beginning to track these students better as well as develop plans for retaining more students.
Although there is a lot of work to be done, the focus and the energy are clearly shifting at UDC from a survival mode mentality to one that is more about thriving and future growth.
D.C. Office on Aging
- As part of their FY13 performance goals, D.C. Office on Aging planned to reach 55% of District employees seeking employment through job training and placement but only reached 26.5%. this was due in part to that the tight current job market, where seniors are competing with recent college graduates and grad school alum for the same positions. Another Office initiative was a collaboration with Consumer Financial Protection Bureau to educate seniors about financial abuse and fraud. In response to a question from Councilmember Grosso, the Office on Aging said they are actively addressing issues affecting LGBT seniors and have members of their senior advisory board from the LGBT community.
Deputy Mayor of Health and Human Services
- Councilmember Grosso asked the Deputy Mayor of Health and Human Services about the little-known fact that the Gray administration changed emergency shelters from being open year-round to only during hypothermia season. This might be part of why D.C. General had such a crunch this winter, among other factors. David also made it clear that he believes D.C. should be helping anyone who is homeless in the city, rather than focusing efforts on additional measures to verify District residency for those seeking shelter.
Committee for Transportation and the Environment
Another wide-ranging set of agencies were up before the Transportation and the Environment Committee for oversight hearings.
Department of Environment
- Public witnesses testifying about Department of Environment (DDOE) echoed Councilmember Grosso’s desire to swim in the Anacostia, alleging that the swimming ban should be removed in certain parts of the river where kayaking and other water activities already take place. Director Anderson was not convinced, but said they would look into the subject, while erring on the side of safety. Additionally:
- DDOE has finalized storm water regulations—related in part to the green river infrastructure discussed by DC Water (see below), who they are collaborating with on continued clean-up of the Anacostia.
- DDOE planted over 8,000 trees in the District in FY13, exceeding original targets by almost 100%.
- Under a contract with DDOE, DC Sustainable Energy Utility (DCSEU) is tasked with promoting energy efficiency, but has been failing to meet its benchmarks. DDOE is reviewing the contract and considering changes to be made.
Director Anderson stated that priorities for the coming year include implementing the Mayor’s Sustainable D.C. plan, the health of the Anacostia River, and working to resolve issues with the DCSEU.
DC Water & Washington Aqueduct
- With two-thirds of District sewer overflows dumping into the Anacostia and Potomac, DC Water is working to accelerate its green infrastructure initiative. DC Water and Department of Transportation are exploring which is agency is best suited to implement this initiative, known as the Clean Rivers Project. Remaining challenges notwithstanding, public witness Marchant Wentworth remembered when “condoms were gently flowing out of combined sewer tunnels.” We’ve come a long way.
- According to General Manager Thomas Jacobus of the oft-forgotten Washington Aqueduct, the District’s water quality is just as good if not better than any other local jurisdiction. All water analysis testing will be completed by the end of the month.
Department of Motor Vehicles
- Big news for the Department of Motor Vehicles when April turns to May--the Georgetown Service Center is scheduled to reopen on April 29, while new driver’s licenses under the D.C. Driver’s Safety Amendment Act will launch May 1, 2014. Don’t plan to get your new license on May Day, however, as due to the large number of residents expected to apply, they will be available by appointment only.
- In other facilities news, DMV Director Lucinda Babers said that Brentwood Road Test Center “sucks,” and she is working with Department of General Services to identify another location for road testing.
- Tips for the “wrongly” ticketed: If ever you should receive a parking ticket that you wish to contest, DMV wants you to know that you should NOT pay the ticket first. Paying the ticket is basically an admission of guilt. To resolve the matter, contest the ticket. If you lose and seek to appeal, you must then pay the ticket along with the appeal fee. If you win on appeal, you will be refunded.
Department of Public Works
- Bet you didn’t see this coming--due to the heavy snowfall this winter, Department of Public Works has busted their snow budget, going $2 million over their $6.2 million budget. DPW is working with the Budget Office to reallocate additional funds. But even $8 million isn’t enough to get every D.C. street clear of snow after heavy storms, which DPW is trying to address by improving communications among plow drivers and zone captains. Will Spring ever come?
- When residents aren’t complaining about snow, they’re griping about parking, and DPW indicated that parking enforcers are beginning to take more photos to reduce “keying errors.” Yes, photos! DPW stated that if a parking officer has a high ticket challenge rate they are likely writing bad tickets and the Director will address it.
Committee on Business and Consumer Regulatory Affairs
Over 90 people showed up to testify before the Committee on Business and Consumer Regulatory Affairs oversight hearing regarding four major agencies—Department of Employment Services, Department of Small and Local Business Development, Workforce Investment Council and the Office of Motion Picture and Television Development. Here are some key moments:
- The majority of attendees spoke about the need for the Chairman and the Council to secure the necessary funding in the budget to fulfill the promise of the new minimum wage and paid sick and safe leave laws.
- Councilmember Grosso used his allotted time to question the Department of Employment Services (DOES) Interim Director, Tom Luparello. His primary focus was to ascertain the metrics used by the Department to measure the performance of their employees and the programs and services that they provide. Historically, the Office of Program and Performance Monitoring has been understaffed with an underspent budget—we think that is a serious problem for the office that oversees the implementation of policies, procedures, and metrics. Director Luparello stated that they are working on getting this office properly staffed. He also mentioned that he reviews reports of employees and programs on a daily basis. It is his goal to review every program and office at DOES to determine and rate performance levels.
- One positive crossover from the Committee of the Whole oversight hearing for the UDC Community College and DOES is that apparently both groups are working together to find better avenues for improving workforce development needs and funding.
Committee on Finance and Revenue
The Finance and Revenue Committee heard from the Office of the Chief Financial Officer (OCFO) about its latest efforts to prevent and identify fraud. OCFO established the Office of Integrity Oversight to monitor internal controls along with a new Chief Risk Officer.Additionally, OCFO has tightened hiring standards for the Office and is committed to changing company culture to foster a positive work environment because changing attitudes is the first step to decreasing fraud and company waste.
Committee on the Judiciary and Public Safety
Although Councilmember Grosso is not a member of the Committee on the Judiciary and Public Safety, we try to keep up with the happenings there due to our commitment to improving the criminal justice system in the District. The oversight hearing on coordination of emergency responses by the Office of Unified Communications (OUC), the Fire and Emergency Medical Services Department (FEMS), and the Metropolitan Police Department (MPD) brought out a number of interesting points regarding recent high profile agency failures.
Fire and Emergency Medical Services
- FEMS protocol is that every patient must be assessed. In a tragic case where a man died after an ambulance responding to the call said they were “waved off by MPD,” this policy clearly states that they should have responded regardless of MPD actions. Nonetheless, as noted by one union leader, a protocol shouldn’t replace the basic instinct of compassion that is vital to working in the public safety field.
- The conversation kept returning to issues of dispatch, and how dispatch decisions are made. There was not clarity on whether FEMS has a policy prohibiting self-dispatching (such as an ambulance stopping to help someone who hails them when not already on a call), although under the previous fire chief one employee was allegedly fired for self-dispatching. A former oversight officer for FEMS testified, seeking whistleblower protection, about a number of failures at the agency, including a faulty dispatch priority decision making system. He described witnessing a police officer hit by a car across the street from his station, but then being dispatched to reset a fire alarm in a nearby building while a team from another neighborhood was sent to help the officer. He also outlined other problems from credentialing to medication supplies to lack of oversight within the agency.
Metropolitan Police Department
We looked forward to the oversight hearing for the Metropolitan Police Department (MPD) after the recent release of the Hate Crimes Assessment Task Force report as well as the conversations in the city about racial disparities in arrests and marijuana law reform. A few advocates made important testimony and Chief Lanier answered several rounds of questions from Committee Chairman Wells.
- An ACLU investigation of police complaint processes found that only four in ten police stations kept complaint forms for the Office of Police Complaints, while their inquiries about how to file a complaint against an officer frequently elicited hostile and factually inaccurate responses from officers. This testimony contrasted starkly with Chief Lanier’s later testimony that the best way to improve police interactions with transgender residents is for people to make complaints. Indeed, she testified that the best way to address officer misconduct across the board is by filing reports.
- Conflicts between bicyclists and car drivers, and associated safety concerns, continue to be an issue for advocates like Washington Area Bicycle Association. While WABA and others suggested that increased enforcement of bicycle laws might help but also emphasized that bicyclists are not the only ones that flout the laws, and encouraged any increase in enforcement to be applied fairly across transportation modes. Chief Lanier rejected suggestions that MPD officers might treat bicyclists less favorably than motorists.
- On the topic of the Hate Crimes Assessment Task Force report, Chief Lanier recognized that the transition of the Gay and Lesbian Liaison Unit (GLLU) was not done well. While she agreed that it was rushed and therefore not properly executed, she stood by her decision to decentralize the unit. Chief Lanier also acknowledged that MPD needs stronger training for affiliate members of the GLLU. Although the report documented a steady increase in hate crimes, including against LGBT community, from 2008 to 2011, Chief Lanier testified that hate crimes have gone down in the previous two year. There is still no consensus on whether this reflects actual crime patterns, reporting patterns, or an unclear mix of the two.
- In response to questions from Committee Chairman Wells about racial disparities in marijuana arrests, Chief Lanier said that racial disparities are nothing new in drug arrests. She further stated that the report from the Washington Committee of Lawyers for Civil Rights on race and marijuana arrests used bad data—data that came from MPD. According to Chief Lanier, 911 calls are what lead to drug arrests. In 2013, MPD received 12 calls regarding marijuana use in Ward 3 versus 500+ in Ward 7, partially explaining racial disparities according to the Chief.
Councilmember Tommy Wells Councilmember David Grosso
Councilmember Mary M. Cheh Councilmember Kenyan McDuffie
A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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Councilmembers Grosso, Wells, Cheh, and McDuffie introduced the following bill, which was
referred to the Committee on .
To amend Section 1-1001.08 of the District of Columbia Official Code to require all candidates for elected office to obtain a “clean hands” certification from the Office of Campaign Finance prior to obtaining ballot access for any election.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Clean Hands Elections Reform Amendment Act of 2014”.
Sec. 2. Definitions.
For the purposes of this act, the term:
(1) “Ballot access” means the conditions under which a candidate or political party is either entitled to stand for election or to appear on voters’ ballots.
(2) “Campaign” means any organized effort to influence the vote of District residents affiliated with a candidate.
(3) “Clean Hands” means free from debt; owing no outstanding taxes, fines, fees or the equivalent to local or federal officials.
Sec. 3. Clean Hands Certification.
Section 1-1001.08 of the District of Columbia Official Code is amended by adding subsection (t) to read as follows:
“(a) In addition to the qualifications of candidates outlined in this section, each candidate for election to the office of Mayor, Attorney General, Chairman of the Council, member of the Council, or member of the Board of Education, must first obtain a clean hands certification from the Office of Campaign Finance prior to obtaining ballot access for any election. This certification shall provide that:
(1) The candidate owes no outstanding taxes, fines or fees to the District.
(2) The candidate’s previous campaign or political committee owes no outstanding fines or fees to the District.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the
fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule
Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of Columbia Register.