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. |
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