jonetta rose barras: DC Council chaos and control

DC Council Chairman Phil Mendelson may have outdone himself this time around with his proposed organization for the legislature as it enters its 24th session. Every two years, with the arrival of newly elected members and what is supposed to be a vision for the future, the legislature organizes or reorganizes itself, through the eyes of its chairman and with the consent of his colleagues. 

While in the past there has been little rhyme or reason to the council’s org chart, this time there is even less. Chaos and control appear to be the dominating features of the latest plan, presented just before Christmas by Mendelson and expected to be approved on Jan. 4.

“I’ve made these recommendations after meeting with all members individually, at length to discuss reorganization,” Mendelson said in a prepared statement at the time of his announcement. “I have done my best to consider their priorities and suggestions.”

As expected, senior legislators — Kenyan McDuffie, Charles Allen, Elissa Silverman, Mary Cheh, Anita Bonds, Trayon White, Robert White, Vincent Gray and Brianne Nadeau — have retained their committee chairmanships without regard for their effectiveness, to say nothing of their allegiance to Mendelson and his agenda. 

That latter bit is puzzling for me. Why, for example, did he not only permit Silverman to stay in control of the Committee on Labor and Workforce Development but also appoint her as head of the subcommittee on redistricting, which will determine new ward boundaries? 

Silverman and Mendelson have fought often and openly during this past Council Period 23. In most legislatures, including Congress, members who don’t play nice with the leader often find themselves at the door scratching for milk.

The three freshman council members — Brooke Pinto, Janeese Lewis George and Christina Henderson — may be in the game, but they won’t be permitted to carry the ball or call plays. When first hearing this, it may seem misogynistic since the newcomers are all women. Mendelson’s decision has nothing to do with gender, however. 

“Phil never misses an opportunity to miss an opportunity,” said one longtime political operative. “All the new members are talented enough that every one could have been given a committee, even if it’s a single agency like the recreation committee.

“That way everyone has skin in the game,” added the political operative.

Pinto, who represents Ward 2, worked in the Office of the Attorney General (OAG) and frequently served as the point person with the council on various legislative proposals. George also worked in the OAG. Henderson was once legislative director for former Council member David Grosso.

Never mind any of that history or expertise. Since becoming chairman, Mendelson has repeatedly argued that new politicos don’t know anything. They need time to learn more about how the council operates and fully understand the rigors of being a committee chairman before receiving a leadership post; he repeated that illogic to me during our recent telephone interview.

“I’ve seen a lot of mistakes get made when freshmen chair committees,” he said, adding that putting novices in charge is not in the “best interest of the public.”

When asked about the caliber of the incoming freshman legislators, he responded with what might have been a rhetorical question: Should assignments be made every two years “based on my personal assessment” of each member? 

Maybe it’s just me, but I don’t see anything wrong with that. 

Being the chairman requires some analysis of what each team member brings to the table. That’s certainly what happened when Gray, a former mayor, returned to the council as the Ward 7 representative and Mendelson assigned him a committee. (When former Mayor Marion Barry took a similar turn, then-Chairman Linda Cropp gave him a subcommittee.)

Mendelson dismissed the idea of subcommittees, asserting that there is not a “substantive difference between a subcommittee and a standing committee. It still puts all the responsibility under the individual who is chair.”

That contradicts his creation of two subcommittees — the one on redistricting and another on the coronavirus pandemic, which certainly could and should be handled within the Health Committee.

This may all sound like inside baseball. Don’t be fooled. 

Who gets to hold the chairmanship of a committee is critical. That individual plays a significant role in determining which public policies advance to become law. Consider the fairly simple legislation — the Stormiyah Denson-Jackson Race and Gender Economic Damages Equality Amendment Act of 2020 — that would have provided economic equity in certain lawsuits involving women and people of color; it never made it out of Allen’s Committee on the Judiciary and Public Safety, despite the fact there was no public opposition. The Rent Stabilization Program Reform and Expansion Amendment Act of 2020 also died an unnatural death in Bonds’ Committee on Housing and Neighborhood Revitalization.

During budget deliberations, council members negotiate how and where money is going to be spent as if they were engaged in a game of Monopoly — with those who helm committees with large budgets enjoying the strongest positions. They also decide who among the executive’s nominees gets a confirmation hearing.

DC may be fighting to be declared the nation’s 51st state but its legislature already functions pretty much like every other state legislature. That means it can also be as dysfunctional as the next.

Mendelson dissolved two standing committees — the Committee on Education and the Committee on Government Operations, which previously had oversight of the Executive Office of the Mayor (EOM). He also opted not to restore the Committee on Finance and Revenue, disbanded a year and a half ago in the midst of the Jack Evans imbroglio.

Ignoring pleas from more than 200 advocates, parents and teachers, Mendelson placed oversight of education solely under the Committee of the Whole (COW). He has promised the change won’t result in DC Public Schools and charter schools being orphaned. 

“I am increasingly passionate about the failure of public education in our country,” he told me. “Poor African American children don’t have a chance in society; they are not going to have a chance when they’re scoring at 25%.”

He argued that many of the social ills, including the lack of affordable housing, “would be substantially better” if education were improved. “I don’t know I can change the world but I’m certainly going to try.”

Critics blasted the move; they said that Mendelson is amassing too much control and hoarding power within the COW. He has oversight of the budget, the Comprehensive Plan, the Tax Revision Commission, the arts and humanities, and the Office of the Auditor, among others. 

“He has so much under him, things just get stuck and don’t move as fast as they should,” said one council staffer.

Mendelson scattered Government Operations Committee functions between the facilities committee — which in the new session will be named the Committee on Government Operations and Facilities — and the housing committee, causing its name to change to the Committee on Housing and Executive Administration. 

Housing — affordable housing to be more specific — is one of the top three issues among District residents. Bond’s oversight of executive branch agencies charged with that mission has been nothing short of inadequate. Granted, the assignment is complicated by competing constituencies. Still, she has mostly maintained the status quo. 

The responsibilities of overseeing the work around housing have been exacerbated by the pandemic. As the city comes out of the public health emergency, restrictions against rent increases and evictions will expire. Bonds’ committee oversight will become even more critical. It should not have to deal with EOM commissions and the heavy lift of the Office of the City Administrator. 

Mendelson still has time to make changes to his misguided plan before the council votes at Monday’s organizational meeting. For one thing, he should select one of the newcomers for the Government Operations Committee assignment. If he did that, it might allow Robert White to concentrate on reforms in the Office of Contracting and Procurement and in the Department of General Services — both troubled agencies in my assessment.

Most baffling of the committee assignments was the addition of the Board of Ethics and Government Accountability (BEGA) to the portfolio of the Committee on Human Services. Really? 

BEGA appears to be a rudderless agency. The public learned in 2019 it had delayed conducting reviews and investigations into the behavior of government officials. BEGA’s director, Brett Wolfingbarger, resigned in January as complaints grew louder. The agency has not performed well since Darrin Sobin resigned as executive director more than two years ago.

The long-awaited approval of coronavirus vaccines and their distribution in DC and elsewhere may have some sighing with relief. Even widespread vaccination, however, will not resolve the pandemic-related issues that are sure to plague the city over the next few years. Council members will have to deal with finding a new economic vision for the city. 

It won’t be enough just getting restaurants and hotels back in action. The downturn has stripped the District bare. It has eviscerated the economic infrastructure constructed by former Mayor Anthony A. Williams and built upon by his successors. 

Further, not unlike other local governments, DC’s fiscal health is precarious at best. Increasing taxes on businesses or residents who also are suffering economic losses is not an option. The legislature must determine how government can do more with less, while enhancing the quality of service and effectiveness. 

Meanwhile, DC can expect a massive setback in educational achievement, particularly for students from low-income, working-class families. Reimagining public safety is more than some webinar exercise; making a crisp and efficient turn will demand consistent oversight. Equally important, improved rent control can’t come soon enough.

None of those areas can be managed by a council whose problematic organization invites chaos, unnecessary political strife and oversight challenges. Mendelson should reconsider his proposal, posthaste.

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jonetta rose barras is an author and freelance journalist, covering national and local issues including politics, childhood trauma, public education, economic development and urban public policies. She can be reached at thebarrasreport@gmail.com.