Evans Emerges Unscathed, More Powerful

DC Wire reports today that the new Council Chairman, Kwame Brown, has replaced Jack Evans (Ward 2) as Chair Pro Tem with Councilmember Mary Cheh (Ward 3), a largely ceremonial position that Evans, as the longest serving member, has held for 12 years.  One might think that loss of the #2 title marks a power shift, since Evans supported Fenty while Brown and Cheh supported Gray in his mayoral bid.  Evans himself mulled over running against Brown for Chair.  While Evans did not get take an official position in the race after he bowed out, Evans' former campaign and council communication director, Sean Metcalf, led Vincent Oranges' campaign for the position.

But Brown has apparently named Evans as co-chair of the committee that will oversee redistricting in the wake of the 2010 census, along with At-large Councilmember Michael Brown.  Ward 2, as an area of the city that experienced a modest increase in population, could lose some of its territory to shrinking Ward 1 or gain back some area of quickly growing Ward 6.  As chair of the Committee, Evans will be in a position to ensure that his new boundaries, and future electability, are to his liking.  Brown also gave Evans oversight over the Washington Convention and Sports Authority, and he will continue to chair the powerful Committee on Finance and Revenue, the equivalent to Congress's Appropriations Committee.

The Post suggests that in giving Evans power over redistricting and WCSA, Brown gave him "an apparent consolation prize" for losing chair pro tem, which it calls a "stinging setback."  So wrong.

Continued chairmanship of Finance, added oversight of WCSA (the sports issues Evans absolutely loves -- can we build another stadium for the Redskins right now?), and he gets to redraw the political boundaries throughout the city in his favor (and bank political IOUs from his colleagues) in exchange for giving up a ceremonial title?  Sounds more like Cheh received a small reward for her risk in supporting Gray in predominantly pro-Fenty Ward 3, and Evans, from whom Kwame will want support to effectively lead the Council, got a coup. 

Also noted by the Post is that Councilmember Tommy Wells (Ward 6) will take oversight of WMATA, replacing Councilmember Jim Graham.  It's a somewhat thankless position that is shared with representatives from Maryland, Virginia, and the federal government, but obviously a very important one.  Councilmember Michael Brown, who has missed at least 52 board meetings since appointed, will apparently continue to serve as the other DC member.

No Evans for Chair

Councilmember Jack Evans (D-Ward 2) revealed on Friday's Kojo Nnamdi Show that he is "probably unlikely to run" for DC Council Chairman after all. Video above. Also DC Wire.

Vacant or Blighted?

The DC Council is holding a hearing on two vacant/blighted property bills this Wednesday.  The hearing will be held at 2pm in room 412 of the Wilson Building at 14th and Pennsylvania Avenue NW. The Hearing Notice recognizes:

The higher tax on vacant properties had the desired effect of moving many longstanding vacant properties into productive use.  Since 2006, over 1,000 formerly vacant properties have become occupied.  However, as the economy entered a prolonged recession, the vacant property tax began to affect more and more property owners, many who had simply run into hard times due to the economy.... 

Last year, the D.C. Council eliminated the vacant property tax - a result of backlash from the same Councilmembers doubling the tax from $5 to $10, the Department of Consumer and Regulatory Affairs more consistent enforcement of the law, the occasional innocent owner unfairly getting hit with the higher tax, and the recession (and its impact on developers with properties in limbo). Instead, the Council kept a registration system for vacant property and applied a higher tax only to "blighted properties." Due to confusion in the new law as to how the old vacant property registration system and new "blighted" property tax work together, the Council will consider these two competing proposals.

Here is my understanding of the two bills:

• B18-546 [PDF]: Introduced by Councilmember Muriel Bowser (D-Ward 4), it would keep the vacant property registration system, eliminate the exemptions (which only eliminate the need to pay a nominal registration fee), allow for an upward sliding scale for registration fee depending on amount of time property is vacant, simplify the citation issuance process, and require property insurance for vacant properties.

• B18-448 [PDF], introduced by Councilmember Jack Evans, would eliminate the remaining vacant property registration system altogether and focus only on blighted determination.  This bill does not appear to be subject to the Wednesday hearing.  (Note: The hearing notice refers to B18-407, but this appears to be a misprint)

The Bowser bill is helpful, if not ideal.  On the other hand, the Evans bill would dump all the work DCRA and the Shaw and Mt. Vernon communities, as well as others across this city, have done over the past few years to form an accurate list of vacant properties. Even without a vacant property tax, this list allows DCRA to closely monitor these properties for violations (litter/dumping, overgrown grass, unsecured, illegal billboards, as well as criminal activity) and determine whether they are "blighted."

Ideally, the Council should return to something closer to the prior vacant property tax system. Here are seven reasons why:

1. Subjecting only "blighted" and not vacant properties to a higher tax fails to recognize that even vacant properties that are in the best of condition impose additional costs on the surrounding community. The neighbors are often the ones that pick up the trash that inevitably accumulates, shovels the snow, and calls in or paint over graffiti. Blocks with vacant property are less safe because there are less eyes on the street to report crime.
2. It is much easier to determine whether a property is vacant (objective standard - is there a lease, utilities running?) than whether a property is "blighted" (very subjective - one person's blight may be another person's palace). DCRA/OTR can expect appeals and lawsuits when it attempts to impose the tax on blighted properties;
3. Some properties may be judged as not meeting the "blighted" standard because the neighbors, not the owners, addressed problems -- i.e. cut overgrown grass, removed graffiti, and secured the property.  Why should the owner benefit through reduced taxes?;
4. What will happen when a property is "blighted" because it is a nuisance for months or years and when threatened with a higher tax, the owner nominally fixes it up to avoid the tax (i.e. picks up the trash and throws on a coat of paint) -- this would be an ongoing cycle;
5. The blighted property law applies only to "improved properties" (vacant houses or stores) and not to vacant lots. Why should an overgrown, trashed vacant lot not be subject to the the higher tax while an overgrown, trashed lot that has an empty building on it get the tax?;
6. Under current law, if a historic property is blighted and allowed to collapse through neglect, the owner would be rewarded because he or she would no longer subject to the blighted property tax; and
   
7. Why, oh why, would the Council give absentee property owners a $48.9 million tax break when the city is struggling with a budget shortfall and cutting valuable services?
   

Instead, the city should return to something closer to the old system -- a $5 (or even $2.50) tax on vacant property, graduated increases in the tax (not the registration fee) the longer the property remains vacant (say going up to $10 only if a property is vacant for 10 years), and use of currently available fines and the condemnation process to address "blighted" properties.

Exceptions to the vacant property tax should apply only to specific circumstances in which there is unfairness.  For instance, similar to jury duty, a person who is serving in the military oversees or in a nursing home should be exempted from the higher tax. There should be no nonsense with property owners being able to avoid the tax by periodically pretending their property is for sale or obtaining permits for minor work on the property.

Finally, it is important that the city restore application of the higher tax to vacant lots, in addition to vacant buildings.

Residents should testify on Wednesday on their experiences with vacant property and the importance of providing effective incentives for absentee property owners to put properties back into productive use.

Latest Crime Bill - What it Includes...

On Tuesday, Councilmembers Jim Graham (D-Ward 1) and Jack Evans (D-Ward 2) introduced the “Neighborhood and Victims Rights Amendment Act of 2009" [PDF].  The legislation:

• Provides mandatory minimums for gun crimes by gang members (3 years possession, 10 years use);
• Expands current law allowing the ability obtain a court order prohibiting public nuisances;
• Recommends establishment of a "gun court" to quickly address such offenses;
• Provides for consideration of "community impact statements" during sentencing;
• Amends a District law that permits MPD to impound vehicles used in prostitution;
• Provides for criminal background checks of alcoholic beverage license applicants;
• Includes new penalties for PCP-related offenses and driving under the influence of PCP; and
• Includes various protections for crime victims and witnesses, such as a right to know the status of the case; information related to any stay-away orders, pleas, releases, probation, or other placement; and protection from adverse employment action when attending court proceedings or meeting with law enforcement.

A more detailed summary follows this post below.

In the District, which has about four times as much violent crime as New York City, it is not uncommon for individuals to be arrested ten, fifteen, even twenty times for serious offenses, such as gun possession, robbery, burglary, car theft, possession of drugs with intent to distribute, and, even murder, and nevertheless remain on the street.

Councilmember Mendelson, who chairs the Council's Committee on Public Safety and Judiciary, believes that the city needs closer study as to the reasons behind this "revolving door."  How much of this situation stems from "no-papering" due to lack of evidence or other factors, plea bargains, court rulings, jury verdicts, or sentencing?  How much accountablility lies with police officers, detectives, prosecutors, and judges?  How much lies with weaknesses in the District's laws?

If the District lacks critical data as to the source of the problem, as Mendelson suggests, then such a study should be included among the bill's provisions so that the city can better target areas of the criminal justice system for future improvement.  It is not a replacement or excuse, however, for delay or inaction in providing the tools included in the legislation to fight the current violence.

Overall, the bill appears to be a positive step forward.  There are some legitimate questions such as how would the court determine a defendant is a "member of a criminal street gang" subject to mandatory minimums for gun offenses, how significant of an expansion of the current nuisance law is the proposal, would the new gun court require additional funding from Congress, don't courts already consider community impact statements, and why hasn't MPD used the prostitution-related impoundment law since it was amended by the Council to address constitutional issues in 2006?

Mendelson should schedule a hearing on the bill in early 2010 and give the Graham/Evans proposal full and fair consideration.

A Frank Discussion on Crime

Last month, a post on this blog led with a quote by Councilmember Phil Mendelson (D-At Large), who chairs the D.C. Council's Committee on Public Safety and Judiciary, "Violence in Shaw is not a legislative problem."  Last night, Mendelson, to his credit, came out to the that neighborhood to explain his view, discuss what he has done and continues to do to address crime, and respond to the safety concerns of his constituents.

Mendelson began by sharing two actual case studies.

Person A, age 60, has been arrested 26 times (19 as an adult and 7 as a juvenile) for 2 stolen autos, 1 robbery, 2 for carrying a gun, and 5 for drug dealing while armed.  He was most recently charged and found guilty of carrying a gun in May 2009.  Of the 26 arrests, there were only 3 guilty verdicts and 2 not-guilty.  The rest were dismissed or "no papered."

Person B, age 27, has been arrested 20 times (19 as an adult and 1 as a juvenile) for murder, 2 assault with a deadly weapon, a carrying a gun, and 8 for drug dealing.  Most recently, he was arrested for 1st degree murder (in January 2008, but dismissed by the U.S. Attorneys Office).  Of the 20 arrests, he was found guilty on 2 and not-guilty on 2.  The rest were dismissed or no papered.  

One might assume both of these fellas are doing hard time.  No.  Person A was sentenced to 12 months after being caught with a gun, all time suspended.  The U.S. Attorneys Office dismissed 1st degree murder charge against Person B.  Apparently, two of Bs brothers pleaded to 2nd degree murder.  In other words, A and B are walking the street today.  They are likely armed and dangerous.

Mendelson's Exhibit A was intended to show that the Council can pass law after law without solving the revolving door problem, which may lie with shoddy evidence, plea bargains, poor prosecutorial discretion, or judicial rulings and sentencing.

Not everyone saw it that way. 

"This is an embarrassment - you should be ashamed," a resident of the 1200 Block of 7th Street  repeatedly stated. 

The resident, who has had three shootings on his block in the few months he has lived in the neighborhood, noted that he holds the members of the Council and the Mayor responsible. 

Why?  Because when he goes to the polls, those are the names on the ballot -- not the prosecutors or judges.  "It is the Council that is responsible for running the city, structuring the criminal justice system, and holding police, prosecutors, and judges accountable," he exclaimed. 

Therein lies the rub. 

The District's quasi federal-city status leaves it in a situation where major crimes are prosecuted by the U.S. Attorneys Office (federal), not the D.C. Attorney General or the District Attorney that we do not have.  There's no requirement that the U.S. Attorney or federal prosecutors live in the District.  Judges are appointed by the President of the United States to 15-year terms, not the Mayor.  They can come from anywhere in the country. 

While representatives of the U.S. Attorneys Office frequently testify on legislative proposals before the D.C. Council, there is no true city oversight of its prosecutors or its courts.  The city makes the laws and polices the city, but it is left out of the final steps of the process - bringing charges, prosecuting cases, and sentencing. 

Mendelson's Exhibit B was a list of 33 pieces of legislation passed by the Committee on Public Safety and Judiciary during the four years he has served as chair.  He offered it to show that he does, indeed, in some cases, believe crime is a legislative issue.  Generally, the list was not compelling.  It included a dozen bills  unrelated to the type of violent crime of concern in Shaw and many other communities, such as white collar insurance fraud, dishonored checks, animal cruelty, and littering.  It also included items that have little to do with crime at all, such as a bill to improve jury service (which I testified on).  That's not to say that some of the omnibus bills that ultimately passed have no teeth.  I'm sure some provisions have made a difference.

There was plenty of finger pointing, but on to some of the highlights of some proposals:

Loitering.  Mendelson committed to looking at a Chicago-style anti-loitering ordinance, moving away from his longstanding opposition to such laws as a violation of liberty.  His commitment came in response to the type of situation raised by a resident in which a group continuously hangs out on his corner.  Public drinking quickly escalates to fist-fighting, then to shootings.  If the police would get involved earlier and ask them to move on, then the violence might be avoided.   In order for such laws to be constitution, Mendelson believed, they must be limited in area and duration.  Some residents, however, find 5 and 10 day drug-free zone type laws just silly.  Why isn't it always a crime-free zone, they ask.  As an alternative, I suggested to Mendelson that rather than an arbitrary 5 or 10 day period that requires significant MPD paperwork to obtain, that the Council grant the police enhanced power to address loitering at any location in which there has been X calls for service to 911, Y arrests for guns/drugs, or Z reports of gunfire through Shotspotter within the past month for the following month.

Safe Passage to School Law.  Mendelson recently sponsored this bill with the support of all members of the Council. It will create a no loitering zone in posted areas around schools. In response, DC Attorney General Peter Nickes, however, said the safe passage bill is "not an effective way to deal with ... the real problems." "I think it's halfhearted, ineffective and has legal problems," Nickles told The Examiner.

Civil Gang Injunctions.  Mendelson continues to feel they are counterproductive.  Councilmember Jack Evans (D-Ward 2) supports them, at least on a trial basis in Ward 2.  Today, Evans who participated in the forum, will introduce a bill that again proposes such a measure, as well as a new gun court and nuisance law (anti-loitering).

Funding Gang Intervention Groups, such as the Peacaholics and Alliance of Concerned Men.  Mendelson commented that the District has given too much money to such programs without adequate performance measures.  While these groups may do a lot of good, I wholeheartedly agree that accountability for public funds is sorely lacking.  Taxpayers (and the Council) need to know how the money is spent and what results are achieved to understand whether the city would more effectively spend such funds on job training programs, extended recreation center hours, or mentoring programs, or more police officers.

Deputy Mayor for Public Safety.  Mendelson criticized Mayor Adrian Fenty's elimination of the position of Deputy Mayor for Public Safety, which was established under Mayor Williams.  That position, Mendelson commented, coordinated efforts between the federal and city governments and forced them to sit down at the table and communicate.

Addressing the revolving door.  While almost everyone seems to acknowledge that violent criminals get arrested repeatedly and remain on the streets (the representative of the U.S. Attorneys Office seemed to be the only one who took issue with this representation), no one can put their finger on WHY?  What happens after arrest is "amazingly opaque," said Mendelson.  While citizens (and policy makers) can, at the touch of their laptops, pull up data for an area on arrests, calls for service, and shots fired, what happens after an arrest is a mystery.  What percentage of arrests are "no papered?"  Is that a result of shoddy police practices, lack of evidence, or some other reason?  How many of those arrested for 1st degree murder actually serve the "mandatory" minimum already set by the Council?  What percentage of those arrested are charged with a lesser offense or released because of a plea deal?  Where does the responsibility lie and how can lawmakers, prosecutors and judges improve the criminal justice system?  I suggested that if the District lacks needed data to back sound public policy decisions with respect to crime, it ought to establish an agency/office such as the U.S. Department of Justice's Bureau of Justice Statistics to track local arrests, prosecutions, and sentencing.  Mendelson seemed supportive of that idea.  He suggested that he may seek funding from the DC Council and speak with Evans about it.

Why is DC so different?  Borderstan questioned why DC’s murder rate is 4.56 times higher than that of New York City, noting that other crimes follow the same pattern.  While DC has made progress in recent years, it remains leaps and bounds away from other major cities with respect to the prevalence of violent crime.  There was no explanation offered.

What's the U.S. Attorneys Office going to do differently?  In a terse exchange, Evans demanded that a representative of the U.S. Attorneys Office, Albert Herring, answer this question in light of the community's frustration.  There's was no response -- other than, "we prosecute crimes to the fullest extent of the law...."

Home Rule.  Evans noted that both he and Mendelson support the District gaining control over its courts.  It would cost $120 million annually.  While such a proposal was considered (and died in Congress) years ago, the Council and Delegate Eleanor Holmes Norton have not pushed such a proposal under the Obama Administration and a Democratic Congress.  There was no discussion of whether they support establishing an elected District Attorney or additional Home Rule with respect to prosecution of cases.

So, what did the meeting accomplish? 

Mendelson seems closer to lending his support to a broader anti-loitering law, has already backed a school-zone loitering law, and wants funding to examine the District's revolving door. 

Evans has an anti-gang bill due out today, which Mendelson should give a timely hearing and fair consideration. 

Mendelson and the U.S. Attorneys Office both got an earful.  One can hope that what they heard will add vigor to their efforts and give them helpful perspective in their decisionmaking.

Sports-Team Plates May Be Coming

It's nice to see an idea possibly get implemented. 

Yesterday, Councilmembers Kwame Brown (D-At Large) and Jack Evans (D-Ward 2) introduced legislation that, if enacted, will allow DC residents to get license plates that show their support for the Redskins, Wizards, United, Capitals and Mystics, and possibly college teams as well [DC Wire / WTOP]. 

I think I am entitled to share a little credit.  Exactly one month ago today, I suggested such legislation to Councilmember Evans.  I e-mailed the idea soon after driving by a car with a Maryland plate with a Washington Capitals logo on the Baltimore-Washington Parkway, finding it offensive that we live practically next door to the Verizon Center, but don't have the same option as our suburban neighbors.  I had also suggested putting some portion of the revenue gained from the fees from the special plates toward a recreational purpose that benefits city youth.  While I have not yet seen the actual bill, reportedly revenue generated from the plates under the proposed legislation will go into the general fund.

Press reports do not mention whether license plates will be available for the Nationals or DC United. Hopefully, these teams are included in the legislation as well.  Maryland and Virginia residents can already sport DC United plates.  [UPDATE: DCist reports that the omitted teams will be added to the bill].

Now, if I could only address the shootings, put vacant properties back into productive use, improve the District's education system, get some of our parks renovated (legally)....

Bobbleheads With Campaign Funds?

D.C. Councilmember Jack Evans had 100 of the 7-inch tall statues made. (Mark Segraves/WTOP Photo)

In case you missed it, last week, WTOP's Mark Segraves reported that DC Councilmember Jack Evans now has his own bobblehead, funded by campaign donations.

"I'm giving them out to select people." Evans tells WTOP. Evans' bobblehead has him sporting a black suit and a black and white striped tie. The likeness is pretty good, although the bobblehead has more hair and fewer wrinkles than the real Evans.

I'm confused. According to DC law, surplus campaign funds must, within 6 months of an election, be: (1) donated to a political party; (2) used to retire campaign debts; (3) returned to donors; or (4) transferred to an authorized constituent services fund. I missed (5) used to purchase bobbleheads with the Councilmember's likeness.

Michele Molotsky Moves to DPR

Photo Credit: By Lois Raimondo -- The Washington Post Photo

I learned today that Michele Molotsky, Ward 2 Councilmember Jack Evans' longtime Director of Constituent Services, has left for a position at the Department of Parks and Recreation. She is now serving as DPR's Director of Senior Services.

I came to know Michele when I was active in Logan Circle. Michele worked extremely hard for Ward 2 for so many years, and, regardless of the campaign, I always praised her as I spoke with community groups. She was the go-to person of the councilmember's staff and we miss having her there.

If you are a senior, this is a good time to take a stroll to the park.

Thank you, Michele.