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Final Draft Report

Final Draft Report

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Published by: aaron_m_morrissey on Aug 23, 2011
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Council of the District of ColumbiaSpecial Committee on Investigation of Executive Personnel PracticesDraft Report
1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004To: Members of the Council of the District of ColumbiaFrom: Mary M. Cheh, ChairpersonSpecial Committee on Investigation of Executive Personnel PracticesDate: August 24, 2011Subject: Report and Recommendations on the Committee’s Investigation into theExecutive’s Personnel Practices
CONTENTSI. Executive Summary
Page 2
II. Background
A. Nature and Scope of the Investigation Page 3B. Procedural History Page 5C. Overview of the District’s Personnel System Page 7D. The Executive’s Hiring Process Page 8
III. Findings of Fact
A. Nepotism Page 9B. Cronyism Page 15C. Excessive Salaries Page 16D. Excessive Bonus Page 20E. Other Failures in Hiring Practices Page 21F. Allegations of Sulaimon Brown Page 23G. Responsibility for These Acts Page 33H. Perjury Before the Committee Page 35
IV. Conclusions
A. Recommendations Page 38B. Referrals Page 41C. Conclusions Page 42
V. Committee Action
Page 43
VI. Attachments
 A. Summary of Findings and Recommendations Page 43B. List of Exhibits Page 46
Special Committee on Investigation of Executive Personnel PracticesDraft Report – August 24, 2011
Shortly after taking office in January 2011, the administration of Mayor Vincent C. Graywas criticized for multiple problems with the selection of personnel in his administration,including hiring relatives of senior officials, paying employees excessive salaries, and failing tovet political appointees. Additionally, Mayoral candidate Sulaimon Brown alleged that, as partof his 2010 campaign for Mayor, he received payments and the promise of a job in the Districtgovernment in exchange for his continued candidacy and attacks on former Mayor Adrian M.Fenty.Following these serious allegations, the Committee conducted a comprehensiveinvestigation into the Executive’s personnel practices as they relate to political appointments.
 The Committee examined 19 witnesses during more than 25 hours of public hearings on March28, 2011, April 7, 2011, April 29, 2011, May 13, 2011, and June 6, 2011.
The Committeereviewed more than 20,000 pages of documents, including phone and text messages, bank statements, over 12,000 e-mails, and other records. This report discusses the Committee’sinvestigation and its findings, recommendations, referrals, and conclusions.Based on its review, the Committee has concluded that there is clear evidence thatchildren of senior officials were illegally hired, that the Gray administration engaged incronyism, that senior officials in the Gray administration received salaries that exceeded the legalsalary cap, and that standard personnel practices were not followed. There is also strongevidence that Howard Brooks, a senior member of the Gray campaign, provided funds to Mr.Brown during the Mayoral campaign and that senior officials in the Gray campaign promisedMr. Brown a job in the Gray administration.Although Mayor Gray was aware that salaries that exceeded the statutory salary cap werebeing paid, there is little evidence in the record to suggest that he was aware of nepotism andcronyism, or that standard personnel practices were being violated. There is also scant evidence,other than Mr. Brown’s own uncorroborated testimony, to suggest that Mayor Gray knew thatsenior members of his campaign gave money to Mr. Brown. Mayor Gray acknowledged thatduring the campaign he made a promise of an interview for a position in his administration toMr. Brown, but there is insufficient evidence to conclude that Mayor Gray actually promised Mr.Brown a job.The blame for the many personnel errors committed by the Gray administration fallssquarely on the trio whom Mayor Gray directed to manage the selection and placement of political appointees in his administration: Judy Banks, who served as the Interim Director of theD.C. Department of Human Resources; Gerri Mason Hall, who served as the Mayor’s Chief of 
This investigation was initiated by the Committee on Government Operations and the Environment. On June 12,2011, the Council created the Special Committee on Investigation of Executive Personnel Practices and transferred jurisdiction over this investigation to it. The chairperson and membership of the Committee have remained thesame. For purposes of this Report, the term “Committee” refers to the Committee with jurisdiction over thisinvestigation during the relevant time period.
Video recordings of these hearings can be viewed online athttp://oct.dc.gov/services/on_demand_video/channel_13.asp.
Special Committee on Investigation of Executive Personnel PracticesDraft Report – August 24, 2011
3Staff; and Lorraine Green, the chairperson of the Mayor’s campaign and transition. Because of their extensive background in human resources, it was reasonable for Mayor Gray to rely onthem. Yet, despite their decades of experience in managing large personnel offices, these threeindividuals permitted the abuses and errors to occur. Ultimately, however, it is Mayor Gray who,as chief executive, bears responsibility for the actions and errors of his senior staff, both in theDistrict government and in his campaign.Hiring relatives of senior members of the Gray administration, engaging in cronyism,violating standard personnel practices, giving money to Mr. Brown, and promising Mr. Brown a job in the Gray administration caused deep harm to the District government. Although thisdamage is not irreparable, it will take time for the residents of the District of Columbia to regaintheir trust in their government.
II. BACKGROUNDA. Nature and Scope of the Investigation
On March 23, 2011, the Committee voted unanimously to approve the “Committee onGovernment Operations and the Environment Executive Personnel Practices InvestigationAuthorization Resolution of 2011.”
This resolution permitted the Committee to investigate thepersonnel practices of the Executive, conduct hearings, and issue subpoenas. Specifically, theresolution authorized the Committee to investigate the following topics:(1) Policies, procedures, or other practices surrounding theappointment of individuals to the Excepted and Executive Servicesin the District government, including any controls intended toprevent improper personnel practices;(2) The process by which the Executive determined appointees’compensation and whether the appointees met the requisitequalifications;(3) Whether any person violated federal or District laws withrespect to specific personnel actions, including 5 U.S.C. § 3110 orany other provision;(4) Any other matters within the Committee’s jurisdiction that aredirectly related to this investigation; and(5) All relevant facts and circumstances related to the matters listedabove to determine what, if any, legislative action may beappropriate.
Exhibit 1.

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