Government of the District of Columbia Advisory Neighborhood Commission 4B

Home , Brooke Pinto, Elissa Silverman, Trayon White

By Electronic Mail

January 25, 2021

Councilmember Robert C. White, Jr., Chair Committee on Government Operations and Facilities Council of the District of Columbia

RE: Ensuring Adequate Resources for Successful Advisory Neighborhood Commissions

Dear Councilmember White:

Advisory Neighborhood Commissions serve an essential function in our local democracy, providing the most direct line of access to and assistance for residents from an elected representative. Advisory Neighborhood Commissioners spend many hours as volunteer elected representatives assisting residents with government services, engaging the community, providing feedback on actions subject to agency review, and weighing in on public policy affecting our neighborhoods. We are dedicated, hardworking public servants. Yet, we often lack resources and necessary support in carrying out the basic functions of the office of Advisory Neighborhood Commissioner. Advisory Neighborhood Commission 4B believes that enhanced administrative support and infrastructure would allow the Commission to better satisfy its functions and ensure consistently efficient, effective, and responsive Commissions across the city.

On September 24, 2019, Advisory Neighborhood Commission 4B sent you a related Letter of Inquiry requesting consideration of specific centralized supports to improve the basic functioning of Commissions citywide, including, but not limited to, technology services necessary for meeting accessibility and communications to residents; website services and maintenance; sign language interpretation, transcription, and translation services for Commission meetings; increased efforts to provide District-owned or leased office space within a Commission’s

1 boundaries, or, in the alternative, District-managed leasing or renting of private office space; provision of basic office services, including telephone and copying; childcare provider options for Commission meetings; and legal and expert services for matters falling within the Commission’s jurisdiction. Commissioner Brenda Parks, 4B04 (then Chair), Commissioner Alison Brooks, 4B08 (then Vice Chair), and Commissioner Erin Palmer, 4B02 (Secretary) were present and testified at your Public Oversight Roundtable for Advisory Neighborhood Commissions on September 25, 2019.

In addition, Advisory Neighborhood Commission 4B previously approved Resolution #4B-19-0403, Supporting Implicit and Unconscious Bias Training and Diversity, Equity, & Inclusion Initiatives for Advisory Neighborhood Commissions, on April 22, 2019, which called for racial equity training for all District government employees, including Advisory Neighborhood Commissions, and additional diversity, equity, and inclusion resources for Commissions, including multilingual translation of meeting minutes and agendas, American Sign Language interpretation services at meetings, and childcare services at meetings. These background materials are attached to this Letter.

We appreciate your efforts to support Advisory Neighborhood Commissions, including expanding language access for non-English speakers and individuals who are deaf or hard of hearing; funding implicit bias training for Advisory Neighborhood Commissioners; legislation ensuring Advisory Neighborhood Commissions are afforded great weight in the Comprehensive Plan process; legislation providing expert assistance to Commissions, including legal assistance, in negotiating with developers; additions to the statutory obligations of the Office of Advisory Neighborhood Commissions related to technology, including expanding the Office to include a Technical Support Director; and increasing the Advisory Neighborhood Commission allocation. These are meaningful improvements for Advisory Neighborhood Commissions.

Yet, Advisory Neighborhood Commission 4B continues to struggle with basic administrative needs and infrastructure, as well as an overall lack of information sharing and access to resources. When seven of nine new Commissioners began in 2019, the Commission was insolvent, had an outdated and inaccurate website managed by a third party unaffiliated with the Commission, and had no recordkeeping system in place that was accessible to new Commissioners. The Commission spent significant time in 2019 rebalancing its finances, including through closing out the Commission’s office space and not hiring a new administrative assistant when the Commission’s support staff retired in early 2019, as well as institutionalizing basic procedures. This situation created a heavy burden on the Commission, including its officers, and the Commission had little support outside of volunteer Commissioners themselves in correcting and improving procedures.

Advisory Neighborhood Commission 4B notes the following needs and areas for improvement. While the Commission understands that every Commission is different and may have different needs, the Commission believes that centralized provision of basic administrative supports and infrastructure for all Commissions would better ensure efficient, effective, and responsive Commissions across the city.

• New Commissioner Onboarding. The Office of Advisory Neighborhood Commissions has previously provided an “Advisory Neighborhood Commissioner Handbook” to new Commissioners during their initial orientation. The Handbook includes helpful and relevant information regarding the role of Advisory Neighborhood Commissions, election laws, Commission budgets, office space, election of officers, and more. The DC Code requires that the Handbook be updated every two years via a task force. DC Code § 1–309.15(c)(3) (duties of the Director of the Office of Advisory Neighborhood Commissions include “[o]rganizing and overseeing a task force of Commissioners every 2 years, charged with assisting the OANC in updating the ANC Handbook.”). To our knowledge, the Office of Advisory Neighborhood Commissions has not updated (via task force or otherwise) or distributed the existing Handbook to incoming Commissioners. The Office has not even provided the slide deck from this year’s orientation for incoming Commissioners.

To our knowledge, the Office of Advisory Neighborhood Commissions has not provided a liaison list to new Commissioners or an updated list to any Commissioners since September 2019. This liaison list provides essential information regarding points of contact at relevant government agencies. See id. at § 1–309.12(f)(2) (“The OANC shall maintain a list of Advisory Neighborhood Commission Liaisons.”). In addition, incoming Commissioners were not informed that the content of their dc.gov email accounts are controlled by preceding Commissioners, such that a new Commissioner can inherit an email account containing all historical emails, some historical emails, or no historical emails whatsoever. While some Commissions and outgoing Commissioners invest heavily in transition, education, and orientation for new Commissioners, others do far less or nothing at all. A Commissioner who does not receive the Handbook, a liaison list, transition assistance, or any historical emails faces a significant hurdle in assuming the duties of Commissioner.

Advisory Neighborhood Commission 4B recommends immediately updating and distributing the Handbook and liaison list, continuing to improve training materials and presentations for incoming Commissioners, and developing guidance for outgoing Commissioners regarding transitioning duties and retention of emails (or instructing the District Office of the Chief Technology Officer to preserve emails as District government property even if deleted by the outgoing Commissioner).

• Training. New Commissioners receive an initial orientation training providing a high-level overview of the role and responsibilities of Advisory Neighborhood Commissions, as well as agency-led trainings throughout their term. There are notable gaps in training materials and presentations, filled in part through individual Commissioner efforts. See generally DC Code § 1–309.12(h) (“The OANC shall hold biannual training sessions on the responsibilities of District agencies with respect to Advisory Neighborhood Commissions ….”); id. at § 1–309.15(c)(1) (duties of the Director of the Office of Advisory Neighborhood Commissions include “[d]eveloping and implementing new programming and services to assist Commissioners in serving District

residents”); id. at § 1–309.15(c)(5) (duties of the Director of the Office of Advisory Neighborhood Commissions include “[d]eveloping and directing no fewer than 2 training sessions for Commissioners per year …, which shall include information on the statutory mandates and responsibilities of Commissions, Robert’s Rules of Order, conflict resolution, and any training or informational material provided by OOG concerning Commission duties related to FOIA”).

Training gaps are a particular problem given relatively high turnover among Commissioners every two years. While it is possible to build expertise in the operations of specific agencies over time, that information can be lost when Commissioners turn over, especially where a Commission lacks other centralized infrastructure and support. Commissions like Advisory Neighborhood Commission 4B, where seven of nine Commissioners turned over in one cycle, suffer from a severe loss of institutional knowledge.

Advisory Neighborhood Commission 4B recommends that the Office of Advisory Neighborhood Commissions provide a comprehensive list of available trainings – whether directed and led by the Office or government agencies – to assist Commissioners and members of the DC Council is assessing the scope and adequacy of official trainings offered. This list might include non-governmental resources, as well. A survey of current and former Commissioners would assist in determining past trainings that have been effective and helpful, as well as where Commissioners desire additional information and training. The Office of Advisory Neighborhood Commissions must be adept at training Commissioners virtually, whether providing electronic training materials or running virtual meeting technology.

• Access to Resources. Advisory Neighborhood Commissions can only access and use resources if they are aware of them. While Advisory Neighborhood Commission 4B is thankful for the Councilmember’s efforts regarding language access, Commissioners have received little-to-no information regarding how to access and use those and other resources.

Advisory Neighborhood Commission 4B understands that language access for non-English speakers is run via a Memorandum of Understanding with the District Office of Human Rights and coordinated by the Office of Advisory Neighborhood Commissions, and language access for individuals who are deaf or hard of hearing is covered via the Advisory Neighborhood Commission allotment and eligible for reimbursement. Yet, that information came to the Commission via one email from the Office of Human Rights and a conversation between an Advisory Neighborhood Commissioner and Council staff, not through any comprehensive information sharing from the Office of Advisory Neighborhood Commissions. (And we are not certain the information we have is correct. One Commissioner from another Commission mentioned language access for individuals who are deaf or hard of hearing can be requested through the District’s contract managed by the District Office of Disability Rights.) Similarly, Advisory

Neighborhood Commissioners are able to obtain reimbursement for certain childcare expenses under the DC Code, but information about how childcare might work in practice is nonexistent.

Advisory Neighborhood Commission 4B recommends that the Office of Advisory Neighborhood Commissions create fact sheets for all resources available to Commissioners, including the statutory basis for the resource, how to access and use the resource, and a point of contact for questions about the resource.

• Advice and Consultation. As relatively decentralized and disconnected groups, Advisory Neighborhood Commissioners could benefit greatly from advice and consultation with the Office of Advisory Neighborhood Commissions with regard to historic and best practices. The Office is the entity most capable of monitoring and understanding practices across Commissions and can facilitate information sharing.

Certain statutory requirements as to Commission obligations are not entirely clear, and the resulting practices vary across Commissions. For example, the DC Code contains two provisions related to Advisory Neighborhood Commission Annual Reports, one of which provides that a Commission may provide an Annual Report including summaries of important problems perceived by the Commission in order of their priority, recommendations for actions to be taken by the District government, recommendations for improvements on the operation of the Commissions, financial reports, and a summary of Commission activities, DC Code § 1–309.10(j)(1), and another of which provides that a Commission must publish an Annual Report that summarizes the activities of the Commission in service to the community over the preceding 12 months, including highlighting key issues voted upon, comments submitted to District agencies, and issuance of community grants, id. at § 1–309.10(n)(1). To our knowledge, Advisory Neighborhood Commission 4B did not submit an Annual Report prior to 2019 and therefore had no past practice to work from in complying with the statutory requirement.

The existing centralized resources offered by the Office of Advisory Neighborhood Commissions are incomplete and inadequate. The repository of public financial reports for all Commissions contains one report from one Commission; the repository of “Advice Letters” contains materials only through 2006; and the repository of “Publications” contains three documents, two from May 2012 and one from 2020.

Advisory Neighborhood Commission 4B understands that Commissions are in many ways decentralized and that one set of practices may not make sense for all Commissions. Nonetheless, the Commission believes sample historic and best practices will allow Commissions to gauge how best to perform their duties based on each Commission’s specific needs. Advisory Neighborhood Commission 4B recommends that the Office of Advisory Neighborhood Commissions provide historic and best practices in a centralized shared drive, where possible, to facilitate information sharing.

• Administrative and Other Supports. As noted above, Advisory Neighborhood Commission 4B was financially insolvent at the start of calendar year 2019 and could not hire an administrative assistant when the Commission’s staff retired early in 2019, creating a significant burden on Commissioners. Administrative support staff is one of the core needs of an Advisory Neighborhood Commission. DC Code § 1-207.38(c)(2); id. at § 1–309.13 (l-1).

The Commission is working with the Office of Advisory Neighborhood Commissions to hire support staff, but the Commission has faced delay in hiring due to the lack of centralized employment contract assistance beyond staff payroll forms. See id. at § 1–309.13(l)(3) (“Commissions shall use staff payroll forms provided by the OANC.”); 1-309.15(c)(7) (duties of the Director of the Office of Advisory Neighborhood Commissions include “[c]reating and updating templates for staff payroll forms, grant applications, and expense reimbursement applications, and distributing those templates to all Commissions”).

In addition, the Commission stopped offering grants in 2019 due to its financial status and is now working toward offering grants, but the Commission has faced administrative hurdles due to the absence of a grant template, as required under DC Code. Id. at § 1- 309.13(m)(2) (“An applicant for a grant shall submit an application in writing to the Commission and to the OANC. The application shall be in the form of a template designed by the OANC ….”); id. at § 1–309.15(c)(7). Advisory Neighborhood Commission 4B’s Secretary spent significant time drafting a revised grant application form and instructions but has been told recently that the Office of Advisory Neighborhood Commissions is now working on a template form and would like the Commission to wait and use that template when it becomes available. The template is not yet available.

Advisory Neighborhood Commission 4B recommends that the Office of Advisory Neighborhood Commissions provide timely and complete assistance to Commissions in hiring administrative support staff and offering grants, including compliance with statutory requirements for provision of basic documents necessary for these tasks. The Office of Advisory Neighborhood Commissions should consider a central shared drive with key administrative documents, including items like template administrative support staff contracts and grant applications, as well as instructions and best practices, instead of requiring Commissions to wait for the Office to provide these materials piecemeal.

• Office Space. As noted above, Advisory Neighborhood Commission 4B spent significant time in 2019 rebalancing its finances and forfeited its office space to ensure a balanced budget. The District provided allotment is not sufficient to hire administrative support staff and rent a private office at market rates due in part to historic underfunding. In fact, some Commissions only have office space due to an agreement with a private entity (like a university) providing use of free office space.

The Commission believes that District-owned or leased office space is essential to further the Commission’s work, including for physical recordkeeping, printing, and holding meetings (when possible given the COVID-19 (coronavirus) public health emergency), and that every Commission should have the option to have office space. See DC Code § 1 309.13(e) (“Each Commission shall, by resolution, designate the location at which the Commission’s books and records shall be maintained which shall, if the Commission has a regular office, be the Commission office.”). To that end, the Commission has continued to pursue District-owned office space or the reprogramming of funds as authorized under Resolution #4B-18-1101, Requesting Office Space for Advisory Neighborhood Commission 4B (Nov. 13, 2018) and DC Code § 1-309.13(q). Unfortunately, the District government has not provided the Commission with office space or reprogrammed funds.

Office space should not be limited to where a Commission has the benefit of a free option. In addition, the lack of government-provided office space may cause a conflict of interest as many Commissions have sought free or low-cost office spaces as part of Community Benefits Agreements accompanying developments. This practice furthers inequities among Commissions with differing levels of development and those with the resources to negotiate with developers. Further, this practice encourages the use of Community Benefits Agreements to benefit the Commission itself and not the community.

Advisory Neighborhood Commission 4B recommends increased efforts to assure Commissions seeking office space have access to government owned or leased buildings or are able to receive reprogrammed funds.

• Public Education. While Advisory Neighborhood Commissions serve as the closest connection of residents to an elected official, many residents do not understand the role of Advisory Neighborhood Commissions. Commissioners strive to connect and engage with residents, as well as to inform them of the work of Advisory Neighborhood Commissions, but centralized information and public education efforts would be very helpful and are within the purview of the Office of Advisory Neighborhood Commissions. See DC Code § 1–309.15(c)(1) (duties of the Director of the Office of Advisory Neighborhood Commissions include “[d]eveloping and implementing new programming and services to assist Commissioners in serving District residents”).

Advisory Neighborhood Commission 4B recommends that more materials created by the Office of Advisory Neighborhood Commissions be made public (like the Handbook) and that the Office create multilingual public facing materials to inform and educate residents about the role and work of Advisory Neighborhood Commissions. In addition, an up-to-date and usable repository of financial materials, including quarterly reports and transactions, would enhance Commission transparency.

• Technology Services and Supports. Advisory Neighborhood Commission 4B is very thankful for your work on the Advisory Neighborhood Commissions Technical Support and Assistance Fund. See generally DC Code § 1–309.13a. Some of the Commission’s biggest challenges have been the lack of sufficient centralized website support and other technology services. The Commission believes lack of standardization of communications infrastructure among Advisory Neighborhood Commissions is detrimental to public understanding and engagement.

For example, Commissioner Yeats built and maintains the Commission’s website without assistance from the Office of Advisory Neighborhood Commissions, and the Commission pays for hosting and registration fees. The current website template provided by the Office of Advisory Neighborhood Commissions is technologically dated and beyond repair. It does not function to modern standards or meet the most basic needs of our constituents, such as mobile device functionality or the ability to be updated through a web-based content management system. The limitations have become even more evident as the COVID-19 (coronavirus) public health emergency has increased dependence on and use of Commission websites as the primary contact point for Commissions.

Centralized technical support could allow for the issuance of .gov domain names, increasing the trust and reliability of Commission websites. Currently, the Commission depends on the willingness of former Commissioners to redirect domains because the primary Commission domain (anc4b.org) is controlled by a former Commissioner (last in office in 2005) who has been unwilling to return it to Commission control for more than fifteen years. The Commission also owns two additional domains – anc4b.info (a legacy of a previous Commission being unable to retain anc4b.org) and anc4b.com (purchased by the current Commission). In addition, centralized issuance of .gov domains would enable the creation of additional Advisory Neighborhood Commission-specific emails (such as for a committee or topic). A modern content management system would continue to allow significant independence in the operation of Commission websites while providing for centralized support and security.

Thankfully, the new Technical Support and Assistance Fund includes several important provisions, including supplementing language access services funding, remote meeting and audio-visual technology, printing, and website assistance. Advisory Neighborhood Commission 4B encourages the Office of Advisory Neighborhood Committees to consult with Commissions regarding prioritization of these items in light of limited funding, as well as to ensure that the fund benefits Commissions across the District in a fair and equitable manner. For example, funds spent on a mobile application make less sense when some Commissions have no website or when their printing needs are unmet.

Furthermore, Advisory Neighborhood Commission 4B supports funding necessary to continue a remote option for Commission meetings once the public health emergency ends as a mechanism to increase attendance and accessibility. The Commission is one

of many that have seen an increase in the number of meeting attendees since it began virtual meetings in March 2020.

• Cross-Commission Resources. Advisory Neighborhood Commissions have little, if any, resources to assist in cross-Commission communications and collaboration, a task made even more difficult by the large number of and frequent turnover of Commissioners. While the Office of Advisory Neighborhood Commissions serves as a repository of Commission materials in several important respects (including agency notices for ANC action, Commission recommendations regarding pending legislation, and noticed Commission agendas), that centralization neither serves the public nor Commissions in any notable way.

Upon strong urging from our Ward 4 representative from the Mayor’s Office of Community Relations and Services, Advisory Neighborhood Commission 4B has made broad use of the Mayor’s Advisory Neighborhood Commission Resolution Portal. See generally DC Code § 1–309.12(d)(5)(B) (“An online Advisory Neighborhood Commissions Portal (‘ANC Portal’) where District agencies, boards, and commissions may post notices and documentation, Commissioners may post questions and comments, and agencies may respond to questions and comments posted by Commissioners. All content uploaded to the ANC Portal shall be accessible for viewing by the general public.”). The Portal not only allows the Commission to publish all Resolutions to the public, thereby improving public education about the work of Advisory Neighborhood Commissions and access to formal Commission action, it also provides an easy-to-use, searchable resource across Commissions that facilitates knowledge sharing and collaboration.

Advisory Neighborhood Commission 4B recommends enhancements to the site (including the ability to delete and correct errors and removal of the Facebook tracking pixel), as well as encouraging all Commissions to use the site for uploading approved Resolutions and other official Commission action and encouraging all agencies to post their formal responses.

• Oversight. The Office of Advisory Neighborhood Commissions has statutory review authority over the finances of individual Commissions. See DC Code § 1–309.11(d)(2) (“The OANC shall … [review]… quarterly financial reports to ensure compliance with current law [and monitor] … Commission expenditures and responses to inquiries from individual Commissions on the legality of proposed actual expenditures ….”); id. at § 1–309.15(c)(16) (duties of the Director of the Office of Advisory Neighborhood Commissions include “[r]eviewing Commission quarterly financial reports, and approving or disapproving the release of Commission quarterly allotments ….”). As noted above, Advisory Neighborhood Commission 4B was insolvent at the start of 2019, much to the surprise of seven new Commissioners.

Advisory Neighborhood Commission 4B calls on the Office of Advisory Neighborhood Commissions to exercise better oversight over the financial dealings of Commissions to better ensure that Commissions do not engage in any financial imprudence or improprieties and to ensure that Commissions maintain sustainable finances. The Commission also recommends that the Office be proactive in seeking legal and other guidance to assist Advisory Neighborhood Commissions. See DC Code § 1–309.11(d)(4) (“The Office of the Attorney General for the District of Columbia shall provide legal interpretations of statutes concerning or affecting the Commissions, or of issues or concerns affecting the Commissions. These interpretations may be requested directly by any Commission or by the OANC.”); id. at § 1–309.15(c)(13) (duties of the Director of the Office of Advisory Neighborhood Commissions include “[a]dvising Commissions on judicial and administrative decisions particularly affecting Commission duties or activities, and seeking advice from the Office of the Attorney General for the District of Columbia on behalf of Commissions, where necessary and appropriate.”).

These efforts should be centrally-published and reviewable on the Office of Advisory Neighborhood Commission’s website as a resource to both Commissions and the public. Previously, when the Office of the District of Columbia Auditor had oversight of Advisory Neighborhood Commission finances, audit reports were published on the Auditor’s website where they continue to reside as a resource. The Office of Advisory Neighborhood Commissions should engage in similar practices with regard to all enforcement actions.

• Funding. Advisory Neighborhood Commission 4B recognizes and appreciates the Councilmember’s efforts to increase the Advisory Neighborhood Commission allotment, which has seen sharp decreases over the years. There are, nonetheless, significant differences in the amount of money held by Commissions. This disparity is based on a number of factors, including the lack of centralized oversight over Advisory Neighborhood Commission finances (see above), as well as access to free office space and use of shared or no administrative support staff.

Advisory Neighborhood Commission 4B understands that some Commissioners or Commissions have proposed forfeiting excess funds for redistribution to other Commissions in need. The Commission supports consideration of this proposal and other possible mechanisms to reduce the disparity in excess funds held by some Commissions.

• Redistricting. The DC Council is set to consider redistricting of Ward and Single Member District boundaries. In light of the District’s growth in population, the District could see approximately 55-60 additional Single Member Districts and 6-10 new Commissions, constituting significantly larger growth in Single Member Districts and Commissions than experienced previously. Any such growth in the number of Single Member Districts and Commissions will inevitably require significant administrative and other support.

The process of redistricting Advisory Neighborhood Commissions should focus on equity and create Commissions that are approximately equal in size and reflect the diversity of the District’s population, and not Commissions that are divided by other political boundaries like Wards (like 3/4G and 6D). See generally Rachel Weiner, Washington Post, “Virginians approve turning redistricting over to bipartisan commission” (Nov. 4, 2020). As Commissions only have formal “great weight” through Commission-wide action, it is fundamentally inequitable that Commissions representing 8,000 residents (e.g., Advisory Neighborhood Commissions 2C and 2D) have equal weight as Commissions representing 48,000 residents (e.g., Advisory Neighborhood Commissions 1A and 1B).

Advisory Neighborhood Commission 4B recommends consideration of mechanisms to assure sufficient administrative and infrastructure support for any growth in Single Member Districts and Commissions. Redistricting should involve substantial community input and consideration of all available options with regard to the structure of Advisory Neighborhood Commissions. See DC Code § 1–1041.01 (establishing Ward task forces regarding adjustment of boundaries of Advisory Neighborhood Commissions and Single Member Districts). The DC Council should consider a hearing regarding redistricting before the process begins to assist Ward Councilmembers in preparation for redistricting.

Thank you for your attention to our concerns and for striving to ensure effective, efficient, and responsive Advisory Neighborhood Commissions. The Commission appreciates your consideration of our requests. We are available to discuss these issues with you further at your convenience.

The Commission voted with 8 Yeas, 0 Nays, and 0 Abstentions to designate Commission Alison Brooks, Chair of Advisory Neighborhood Commission 4B; Commissioner Erin Palmer, Secretary of Advisory Neighborhood Commission 4B; or any other Officer in their absence, to communicate this letter and represent Advisory Neighborhood Commission 4B in communication with your Committee and staff regarding this matter.

Sincerely,

Alison Brooks, 4B08, Chair Brenda Parks, 4B04, Vice Chair Erin Palmer, 4B02, Secretary Geoff Bromaghim, 4B07, Treasurer Advisory Neighborhood Commission 4B

cc: Members of the Committee on Government Operations and Facilities: Councilmember Christina Henderson (At-Large) Councilmember Brianne K. Nadeau (Ward 1)

Councilmember Brooke Pinto (Ward 2) Councilmember Trayon White, Sr. (Ward 8)

Shawn Hilgendorf, Committee Director

Members of the Sub-Committee on Redistricting: Councilmember Elissa Silverman (At-Large), Chair Councilmember Anita Bonds (At-Large) Councilmember Christina Henderson (At-Large)

Councilmember Janeese Lewis George (Ward 4)

Gottlieb Simon, Executive Director, Office of Advisory Neighborhood Commissions

Enclosures

Government of the District of Columbia Advisory Neighborhood Commission 4B

By Electronic Mail

September 24, 2019

Councilmember Robert C. White, Jr., Chair Committee on Facilities and Procurement Council of the District of Columbia

RE: Administrative Support and Infrastructure for Advisory Neighborhood Commissions

Dear Councilmember White:

Advisory Neighborhood Commission 4B, at a duly noticed public meeting, with a quorum being the “majority of the total number of commissioner positions currently filled in Commission 4B,” at its September 23, 2019, meeting voted with 7 Yeas, 0 Nays, and 0 Abstentions to send this letter of inquiry seeking additional administrative support and infrastructure for Advisory Neighborhood Commissions. We are enclosing Resolution #4B-19-0403 Supporting Implicit and Unconscious Bias Training and Diversity, Equity, & Inclusion Initiatives for Advisory Neighborhood Commissions, which relates to the same subject matter.

Advisory Neighborhood Commissions serve an essential function in our local democracy, providing the most direct line of access to and assistance for residents from an elected representative. Advisory Neighborhood Commission 4B believes more centralized administrative support and infrastructure would allow the Commission to better satisfy its functions and ensure consistently efficient, effective, and responsive Commissions across the city.

Accessibility and availability for participation and comment for all residents of a Commission area is a core function of Advisory Neighborhood Commissions. Commissions are required by law to “set aside a portion of each public meeting to hear the views of residents within the Commission area and other affected persons on problems or issues of concern within the Commission area and on proposed District government actions that affect the Commission area.” Additionally, Commissions must “establish mechanisms to ensure the broadest dissemination of information with respect to Commission meetings, positions, and actions.” DC Code § 1–309.11(3). Currently, each Commission receives an annual allotment that is distributed quarterly. D.C. Code § 1-309.13(a). Each Commission can expend funds from this allotment for “public purposes within the Commission area or for the functioning of the Commission office, including staff salaries, Commissioner training, property liability insurance, legal expenses for Commission representation by an attorney licensed in the District before an agency, board, or commission of the District government, and nominal refreshments at Commission meetings.” Id. § 1-309.13(l)(1). In addition, the Commission can seek office space in a district-owned or leased building, and where such space cannot be provided, may receive reprogramed funds of up to $600 per month to cover the space. Id. § 1-309.13(q) (noting that “[f]urnishings, equipment, telephone service, and supplies for the office space shall be provided from the Commission’s funds”).

Due to their decentralized structure, the expenditures of the District’s Advisory Neighborhood Commissions and related services vary widely. For example, Commission websites, which are set up and operated by each Commission, offer different content and quality. Compare Advisory Neighborhood Commission 4B’s current website (anc4B.org), which is outdated in both content and style, to Advisory Neighborhood Commission 1A’s comprehensive website (anc1a.org) to Advisory Neighborhood Commission 8B’s website, which is inactive (anc8b.org). (Oftentimes Commissions do not even own the domain names for their Commission website. Advisory Neighborhood Commission 4B domain, for example, is owned by a former Commissioner, which has created additional hurdles to our efforts to update our website.) We believe lack of standardization of communications infrastructure among Commissions in the District is detrimental to public understanding and engagement.

In addition, a Commission’s lack of access to or interest in purchasing technology, including microphones and speakers, audio-visual equipment, and recording devices, can limit the ability of residents to participate in meetings and receive information depending on the Commission boundaries in which they reside. It is difficult for volunteer Commissioners, or even any part-time staff they might engage, to be particularly expert in operating A/V technology. Advisory Neighborhood Commission 4B believes the centralized provision of administrative supports and infrastructure for Commissions would better ensure efficient, effective, and responsive Commissions across the city, as well as provide better oversight capability as to the expenditure of Commission funds.1

While we recognize individual Commissions may have different needs, we request consideration of the following list of potential centralized supports, which we believe could improve the basic functioning of Commissions citywide:

1 See Office of the District of Columbia Auditor, “ANC 8C Misappropriated Funds” (Aug. 23, 2019), available at http://dcauditor.org/report/anc-8c-misappropriated-funds/ (finding misappropriation of funds resulting in $15,688 in unauthorized spending and $14,188 of what appears to be fraudulent spending). • centralized technology services necessary for meeting accessibility and communication of information to residents, including microphones and speakers, audio-visual equipment (e.g., projector and screen), and recording services (with captioning); • centralized website services and maintenance, which would ensure information is shared with residents consistently across the District, as well as create the same look and feel, and functionality of websites across Commissions; • centralized sign language interpretation and transcription for Commission meetings, available upon request of each individual Commission or its Chair; • centralized translation services for Commission meetings, available upon request of each individual Commission or its Chair; • increased efforts to provide District-owned or leased office space within a Commission’s boundaries, or, in the alternative, District-managed leasing or renting of private office space; • centralized provision of basic office services, including telephone and copying, via District-managed contracts with service providers or a centralized account by which Commissioners would be able to perform basic office tasks at an area print shop; • centralized childcare provider options for Commission meetings; and • centralized legal and expert services assistance for matters falling within the Commission’s jurisdiction.2

We are appreciative of your efforts to increase recurring funding for sign language interpretation and computer-aided real-time transcription, as well as for language access to non-English speaking residents by translation of meetings and written documents. We request consideration of centralized funding (via a District ASL line item as opposed to a Commission line item) and provision of these services sufficient to satisfy Commission needs across the District so that Commissions need not rely on their allotment to provide these services.

Thank you for your attention to our concerns and for seeking to ensure effective, efficient, and responsive Advisory Neighborhood Commissions. The Commission appreciates your consideration of our requests. We look forward to participating in your Public Oversight Roundtable on Advisory Neighborhood Commissions, and we are available to discuss these issues with you further at your convenience.

The Commission also voted with 7 Yeas, 0 Nays, and 0 Abstentions to designate Brenda Parks, Chair of Advisory Neighborhood Commission 4B, or any other Officer in her absence, to be authorized to communicate this letter and represent Advisory Neighborhood Commission 4B in communication with your Committee and staff regarding this matter.

2 See, e.g., Development Expertise for ANCs Amendment Act of 2019 (B23-0308) (introduced May 28, 2019), available at http://lims.dccouncil.us/Legislation/B23-0308; Morgan Baskin, “Brianne Nadeau Introduces Bill to Create ANC Support Staff,” Washington City Paper (Nov. 14, 2018), available at https://www.washingtoncitypaper.com/news/housing- complex/article/21032258/brianne-nadeau-introduces-bill-to-create-anc-support-staff. Sincerely,

Brenda Parks, Chair Advisory Neighborhood Commission 4B cc: Councilmember Mary M. Cheh (Ward 3) Councilmember Jack Evans (Ward 2) Councilmember Vincent C. Gray (Ward 7) Councilmember Elissa Silverman (At-Large) Shawn Hilgendorf, Committee Director Gottlieb Simon, Executive Director, Office of Advisory Neighborhood Commissions

Enclosure

Government of the District of Columbia Advisory Neighborhood Commission 4B

RESOLUTION #4B-19-0403 Supporting Implicit and Unconscious Bias Training and Diversity, Equity, & Inclusion Initiatives for Advisory Neighborhood Commissions Adopted April 22, 2019

Advisory Neighborhood Commission 4B takes note of the following:

● Advisory Neighborhood Commission 4B values the importance of acknowledging and preventing bias. As noted by the DC Office of Human Rights, “we refuse to believe that we cannot change society into something new. It starts with each of us understanding and addressing our own bias, whether it is related to someone’s race, ethnicity, sex, religion, sexual orientation, gender identity or other characteristics. Last year’s civil rights advances and backslides, as well as tragedies here and abroad, can lead to insecurity and mistrust toward communities and each other if we are not careful.” DC Office of Human Rights, “#BeatBias Resolution Challenge,” https://ohr.dc.gov/page/BeatBias.

● On January 8, 2019, Councilmembers Kenyan R. McDuffie (Ward 5), Brianne K. Nadeau (Ward 1), Anita Bonds (At-Large), Trayon White, Sr. (Ward 8), Vincent C. Gray (Ward 7), Jack Evans (Ward 2), David Grosso (At-Large), Charles Allen (Ward 6), Robert C. White, Jr. (At-Large), Brandon T. Todd (Ward 4), Elissa Silverman (At-Large), and Phil Mendelson (Chair) introduced the Racial Equity Achieves Results Amendment Act of 2019, B23-0038. The proposed legislation seeks to operationalize racial equity in the District, in part by requiring the development of a racial equity training for all District employees.

● Specifically, Section 206b of the proposed legislation provides that the DC Office of Human Rights and the DC Department of Human Resources “shall develop and provide, on an on-going basis, racial equity training for employees of the District of Columbia” and “shall ensure that all agencies have the capacity to respond effectively to instances of racial discrimination.” Despite the important role Advisory Neighborhood Commissions play in working with residents and governmental agencies, they are not included within this provision.

● Advisory Neighborhood Commission 4B also values inclusive meetings and robust community engagement. Language access programs, American Sign Language interpretation services, and childcare services allow broader and more meaningful participation in Commission meetings.

● Accessibility and availability for participation and comment for all residents of a Commission area is a core function of Advisory Neighborhood Commissions. Commissions are required by law to “set aside a portion of each public meeting to hear the views of residents within the Commission area and other affected persons on problems or issues of concern within the Commission area and on proposed District government actions that affect the Commission area.” Additionally, Commissions must “establish mechanisms to ensure the broadest dissemination of information with respect to Commission meetings, positions, and actions.” DC Code § 1–309.11(3).

● The DC government values language access, but it has not extended its programming to Advisory Neighborhood Commissions. DC’s Office of Human Rights launched the Language Access Program to support its mission of eradicating discrimination, increasing equal opportunity, and protecting human rights for those who live in or visit the District. One of the goals of the Program is to “allow[] the District of Columbia to connect directly with a significant segment of its population, improving public health and safety for all.” DC Office of Human Rights, “Language Access Program,” https://ohr.dc.gov/page/LAportal/public. Advisory Neighborhood Commissions play an important role in addressing the interests of residents and ensuring residents connect with government services, and Commission meetings should be accessible to all residents, regardless of which language they speak.

● Advisory Neighborhood Commissions are inadequately funded to provide ongoing American Sign Language interpretation services. Despite a budget line item to fund such services, funding often runs out before the end of the fiscal year, requiring a Commission to pay for services from its annual allocation. See DC Code § 1-309.13(a). As a result, Commissions must choose between providing American Sign Language interpretation services and paying other necessary expenses.

● Childcare expenses are another hurdle to civic engagement among substantial portions of local communities. “Civic engagement may also cost money. When we recruit volunteers we are not only asking them to commit uncompensated time but we are usually asking them to bear the cost of volunteering – an implicit contribution of cash through the costs of their transportation, meals, childcare, appropriate attire and other expenses that may associate with their participation. This too may contribute to the disparities we observe since these associated cost will

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be more burdensome to the poor, to the less educated, and to segments of the African-American and Latino communities. Where time and money are scarce in a household – for example, because members work long hours to pay for basic necessities – it may be harder for people to engage” (emphasis added). James B. Hyman & Peter Levine, Center for Information and Research on Civil Learning and Engagement “Civic Engagement and the Disadvantaged: Challenges, Opportunities and Recommendations,” at 14–15 (Dec. 2008).

RESOLVED:

➢ That Advisory Neighborhood Commission 4B requests that the DC Council extend the Racial Equity Achieves Results Amendment Act of 2019, which would require racial equity training for all District government employees, to Advisory Neighborhood Commissions.

➢ That Advisory Neighborhood Commission 4B requests that the DC Council allocate full funding, to be administered by the Office of Advisory Neighborhood Commissions, to provide ongoing diversity, equity, and inclusion resources for Advisory Neighborhood Commissions, including multilingual translation of meeting minutes and agendas, American Sign Language interpretation services at meetings; and childcare services at meetings.

FURTHER RESOLVED:

That the Commission designates Commissioner Erin Palmer, ANC 4B02, to represent the Commission in all matters relating to this resolution.

FURTHER RESOLVED:

That, in the event the designated representative Commissioner cannot carry out their representative duties for any reason, the Commission authorizes the Chair to designate another Commissioner to represent the Commission in all matter relating to this resolution.

FURTHER RESOLVED:

That, consistent with DC Code § 1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions, and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.

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ADOPTED by show of hands vote at a regular public meeting (notice of which was properly given, and at which a quorum of nine of nine members was present) on April 22, 2019, by a vote of 8 yes, 1 no, 0 abstain.

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Government of the District of Columbia Advisory Neighborhood Commission 4B

RESOLUTION #4B-19-0403 Supporting Implicit and Unconscious Bias Training and Diversity, Equity, & Inclusion Initiatives for Advisory Neighborhood Commissions Adopted April 22, 2019

Advisory Neighborhood Commission 4B takes note of the following:

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RESOLVED:

FURTHER RESOLVED:

That the Commission designates Commissioner Erin Palmer, ANC 4B02, to represent the Commission in all matters relating to this resolution.

FURTHER RESOLVED:

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