Talk about refreshing. I have a renewed hope that the Office of the ANC is actually going to be helpful. Now let me stress theres not a whole lot they can do because ANC's are elected however they can provide some insight and guidance to voters with concerns about their ANC Commissioners and if you've been following me you know I've had my hands full with my ANC Commissioner Holly Muhammad. The OANC contacted me as a result of an email I sent over to US Attorney Racine's office. Although I expect to hear directly from their office on the matter the OANC reached out listened and responded to our conversation. Here is their written response: Good afternoon, Mr. Donahue.
Once again, it was a pleasure to speak with you this morning, as it was also for me last week; although the circumstances of our discussions are most troubling. Among other things, this is to summarize and prioritize some of the brainstorming from our conversations. At the same time, I again wish to convey that Schannette Grant, the OANC Interim Director, requested me to initially reach out to you and to emphatically point out that your requests for assistance have not gone unheard. Background The OANC understands that chief among your concerns is the fact that ANC 8A Chairperson, Holly Muhammad, openly blocks your attendance at ANC virtual meetings -- if, only for the mere fact, that she disagrees with you on various subjects -- and that you are forced to exercise your statutory right to participate therein by using different and other e-mail addresses. Specifically, you bemoan the facts that, in ANC 8A, there is not an open forum and there is not an opportunity for the community to express concerns. You proclaimed that ANC 8A poses "some serious matters stomping on your rights[, that you want] no beef with the District[, and that you are] just a citizen [who wishes] to stand [your] ground on what [you] believe." Sorrowfully, you continue to express such disbelief – as you did this morning – that the other 8A Commissioners, and all that you have contacted in DC Government, simply allow Chairperson Holly Muhammad “to treat you so unfairly.” Moreover, you allege that there have been recent criminal and defamatory actions levelled against you; and, that you frankly believe that Chairperson Holly Muhammad may be the instigator of same. Update “To obtain justice at all levels of District government,” you have contacted and e-mailed – to no avail – the Board of Elections (BOE), the Office of the Attorney General (OAG), the affected members of the DC City Council, and our office, the Office of the Advisory Neighborhood Commissions (OANC). With regard to the OANC, I can only repeat what I’ve said to you on several occasions: “The OANC is not empowered with any enforcement or oversight regarding elected Commissioners.” The ANC statute established the OANC only “to provide technical, administrative, and financial reporting assistance to the Advisory Neighborhood Commissions.” Unfortunately, it is counterintuitive to assert that the OANC may require corrective actions, albeit correct and in accordance with the Act, especially toward the public. To wit, that is mainly why your earlier Freedom of Information Act (FOIA) request to the previous Executive Director was returned because of “omission of documentation” because the OANC did not have the requested documentation and the ANC, if it had the documentation, did not relinquish same; and, as noted above, nor was it required to do so. It is well known that you attempted a removal of Chairperson Muhammad through the the Board of Elections (BOE), only to resort to a pause in "flawed" process, while you pondered whether or not to allow the recall petition to issue with "inappropriate" remarks and claims from Commissioner Muhammad. Finally, you contacted the Chairman and At-large Members of the DC City Council; and the Office of the Attorney General (OAG). You maintain that none have responded to you. Next Steps We discussed on both occasions ways in which you may move forward. First, you showed a willingness to return to the BOE. Perhaps the BOE may be willing to hear your complaints again. You stated that the BOE believed it could move no further in the recall action because you failed to accept – what you believed to be – inappropriate and libelous remarks. If that is the case, upon obtaining the Order in the matter to “pause” or “table” this process, the law may be scrutinized by the DC Court of Appeals…the venue to which DC BOE rulings proceed for review; especially, because you believe that, at the beginning of the process, you thought that the DC BOE was willing to assist you. Second, you stated that you will contact all of the DC Government officials who failed to respond to you and apprise same of the current situation. That cannot hurt the matter. There is a real possibility that the contacted officials believe that you may have obtained redress in the interim. At the same time, I suggest that you “widen your net” and include by “cc” the Office of the DC Auditor [[email protected]] and the Office of the Inspector General [[email protected]]. As we also discussed, other parts of the District Government may be working on these issues for reasons, outside of what any of us may know. It would not hurt to bring these two (2) investigative agencies into the fold of your understanding. For now… The OANC knows that this matter has ballooned into your current desire to change the imperfect hoops through which you have had to jump to get nowhere to make it possible for the next citizen to exert his or her rights. Although the OANC is not in a position to void these circumstances, I know that I speak for Ms. Grant when I say that your perseverance cannot continue to go unnoticed. ![]()
Seriously You Can do anything while an ANC Commissioner. No wonder some run for it. I'm a resident that lives in Ward 8 and whose ANC Commission falls under Holly Muhammad. Long back story short, Chairwoman Muhammad ejected me from the July 13, 2021 ANC Virtual Meeting after I joined others in expressing through the chat room the way Commissioner Muhammad was keeping a fellow commissioner from gaining the access she needed to represent her single member district. As soon as I echoed the same concerns and how the back and forth was eating into time needed for constituents to share concerns Ms. Muhammad nearly immediately ejected me without warning, cause or any discussion from the meeting and I was prevented from returning.
As a result, I immediately sent in a notice to the office of the ANC and to Holly Muhammad a request to preserve the meeting video and chat as I was request that as part of a Freedom of Information Act Request. Chairwoman Muhammad then engaged in an exchange of emails of which upon the request of certain ANC related items she replied "You don't dictate to me. “I don't take instructions from the Proud Boys from Charlottesville." In another response she said, " Don't email me again.” And “Your threats of meetings and recalls don't frighten me. YOU don't frighten me. I AM NOT YOUR NEGRO! So, you better stay out of my way.” (You can catch up by visiting https://tomdonohue.pw/tomsthoughts/category/holly-muhammad) I decided to file notice of intent to recall with the board of elections. Her response not only didn't respond to my job-related matters I accused her of rather she decided to file lies and mistruths about me so that while collecting signatures my neighbors would read her response with the intent of her response having influence on whether our neighbors would support the recall. That recall currently sits with the Board of Elections while I decide the best way to move forward. See the Board of Elections will allow anything to be written in response, she could have written that I was a murderer and the BOE would permit it if it fell within 200 words. This irresponsibility on behalf of the BOE prevents registered voters from taking part in a recall election and is a disservice to our community. "While DC FOIA does indeed apply to Advisory Neighborhood Commissions, as they are public bodies of the District Government, an agency is not required to seek out responsive records that are outside of its possession or control. See United States Dep’t of Justice v. Tax Analysts, 492 U.S. 136, 144-45 (1989).1 In this instance, OANC has stated that it does not have records responsive to your DC FOIA request and has suggested that the request would be more appropriately directly to ANC 8A. Based on the foregoing, we conclude that OANC properly responded to your DC FOIA request and we hereby deny your appeal." -Mayor’s Office of Legal Counsel November 15, 2021
While all of that was processing, I was elevating my FOIA request through the system as both requests were being ignored. On August 14th I finally decided to file an appeal with the office of Legal Counsel who handles the appeals for FOIA requests. This is really a no brainer, she legally has to turn over this information that I have requested, right? Here comes the bullshit part. The office of ANC says we don't handle or process the FOIA requests for ANC's we'll support them if they are requested to do so by the ANC however they are not required to provide the information the requesting ANC is to handle those requests. So apparently that is sufficient enough for the Office of Legal Counsel. Their response was ... "While DC FOIA does indeed apply to Advisory Neighborhood Commissions, as they are public bodies of the District Government, an agency is not required to seek out responsive records that are outside of its possession or control. See United States Dept. of Justice v. Tax Analysts, 492 U.S. 136, 144-45 (1989).1 In this instance, OANC has stated that it does not have records responsive to your DC FOIA request and has suggested that the request would be more appropriately directly to ANC 8A. Based on the foregoing, we conclude that OANC properly responded to your DC FOIA request, and we hereby deny your appeal." Huh!? SO, my only recourse is to take the matter up with the Superior Court. The office of Legal Counsel wishes not to influence Ms. Muhammad the court will. It’s so incredibly sad that Ms. Muhammad refuses to comply with the FOIA request, it’s even more disgusting that the other ANC Commissioners have chosen to put up with and refuse to remove Ms. Muhammad from her Chair ship. The most recent ANC Meeting, as required I did not receive any notice of the meeting and I had to login under a fake account as I must be blocked. So how the hell am I to take part in my ANC Meetings if my ANC Commissioner blocks me? So, to Superior Court I go filing against ANC08, OANC, & Holly Muhammad. Oh, let’s not forget about this...
|
Archives
January 2023
Categories
All
|