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ten Guidelines To Make Locating Cover Less difficult
21 Nov 2018 10:17
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How To Make A Paracord Leatherman Pouch For best results use genuine 550 Paracord. I purchase mine from supplycaptain. As with anything in life you get what you pay for, if you want your pouch to last a long time you want to have the best cord available and with suplycaptain they guarantee the quality and authenticity of their cord. Iridescent Sneakers Dear fashion, lately we've been noticing a special glow about you, and P.S.- we love it. From iridescent Dior frocks to Burberry's shimmering trench coats, Spring style is getting its gleam on. Slip into your own shine with this sneaky DIY that cranks up the wattage on a simple pair of kicks. To create: Cover the rubber rim and tag of the sneaker with paper tape. Next, use a foam brush to coat the shoe with a thin layer of acrylic paint (choose a paint color that compliments the iridescent film, as it will show through). Use scissors to cut 1" squares of the iridescent film, then crinkle each square.
Animated Knots Tutorials By Grog Blandito Is A Giant Pillow/Mattress Burrito We can't tell how comfortable (or uncomfortable) the Blandito is, but I have to say: it looks awesome. Not only will it make for a sweet wraparound pillow/mattress/blanket -- it can be repurposed for a whole lot of uses while chilling around the house, too. Created by Oradaria Design, it's billed as a "transformable pad for lazy living." And by transform, they're not kidding, since you can fold it and roll it and turn it into a wide host of things -- from a sleeping mat to a chair to a loveseat to a bolster pillow to a couple other things you can dream up. The Blandito starts out life as a round and cushy mat that lies flat on the floor. Using oversized buttons and hook straps installed along the edges, you can fashion it into numerous shapes, many of which look like you're being swallowed by a giant burrito (or, in some cases, a giant clam).
joon & jung: 'pillow blanket' mar 26, 2009 joon & jung: 'pillow blanket' korean born, dutch based designer jungyou of joon & jung has sent in images of her latest design 'pillow blanket'. it is approximately 3 x 3 meters in size. ridhika naidoo I designboom

subset: commoncrawl


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Bring the whole family to celebrate Sukkot at Shalom Institute's Sukkot Family Fun Day!
Get moving with Sukkot Shake – Israeli dancing and a Robbo song session!
Celebrate the season with Harvest Festivities including composting workshops, harvest hikes, apple cider press, climbing wall, archery and more
Join us under the Sukkah for Sukkah Spectacular – experience Edible Judaism, create a mini sukkah and wave the luluv and shake the etrog
We look forward to celebrating Sukkot with you on Sunday, 10/1!
Please register here.


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An ultra-modern tart in its refined, graphic and natural look. We lay our eyes on it, and we have only one desire: to bite into it with full teeth "it's not old that one, I made it for the opening of emotional cakes. There is puff pastry, apples and between the two, a kind of cream. It almost gives the impression that the pastry is not cooked, but not. So we have the crunchy pastry, the fondant apples (but which still hold together , it's important) and, in the middle, this layer that gives a sensation of cream that coats the apples. All this in a very thin pie, it's superb
Pour Le Feuilletage Inverse (L`avant-Veille)
6g de Sel
10g de sucre
120g d'eau
30g de crème liquide à 30%
300g de farine spéciale
200g de beurre de tourage
Mix water and cream. Add the salt and sugar and dissolve them then incorporate the mixture into the flour. Knead lightly without giving strength to the dough. Make 5 simple rounds with the tourage butter (rest: 6 hours between each round). Roll out the dough to 5mm before trimming
Pour La Compote Pommes Kiwis
250g de Pommes Gala Coupées en des
220g de Kiwis
13g de sucre semoule
30g de jus de citron
1g de fleur de sel
52g d'eau
1g de gousse de vanille
8g de masse gélatine
Mix all the ingredients except the gelatin and allow to simmer over medium heat. When the compote reaches a weight of 300g. mix everything together, incorporating the gelatin. Store cold until use.
Pour Le Montage
12 Pommes Golden
15g de nappage vanille
20g de beurre
30g de cassonade
- Place 50g of compote on a 16cm diameter pricked puff pastry. Arrange the apples cut into thin slices in the shape of a rosette. Finish by brushing the entire pie with melted butter then sprinkle with brown sugar.
- Bake at 145C for 1 hour. After cooking and cooling, place the hot vanilla topping on the cooked apples.


text: Is it OK to put gourmet* together with 'noodle bowl' and call your Asian restaurant the Gourmet Noodle Bowl? .. given that gourmet is (from Wikipedia) a cultural ideal associated with haute cuisine, which is characterized by elaborate preparations and presentations of large meals of small, often quite rich courses? No matter, they serve up great Chinese, Taiwanese and Indonese food there, and we ended the meal with ice cream servings of mango, green tea and durian flavors. There is a picture of durian – the king of fruit – on my post of Tue Mar 27.


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A classic, page-turning story of secrets and science, passion and betrayal, innocence and experience - in the tradition of Tracy Chevalier and Philippa Gregory
Dark secrets haunt the manor house at Seldon in Buckinghamshire, where Emilie Selden, motherless, fiercely intelligent and beautiful, has been raised in near isolation by her father, John Selden, a student of Isaac Newton. He aims to turn Emilie into a brilliant natural philosopher and alchemist and fills her knowledge while recording every step she makes.
In the spring of 1725, when Emilie is eighteen, father and daughter begin their most daring adventure - an attempt to breathe life into dead matter. But they are interrupted by by the arrival of two strangers.
During the course of a sultry August, Emilie is caught up in the passion of first love and, listening for the first time to her heart rather than her head, she makes her choice...with consequences that are far-reaching and tumultuous.
Katharine McMahon is the author of ten novels, including The Alchemist's Daughter and The Crimson Rooms, that focus on astonishing women and their ability to find a voice and make a mark, even at times and in societies when they are risking everything. The Rose of Sebastopol was a Richard & Judy pick and a Sunday Times bestseller. http://www.katharinemcmahon.com


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Raymond Vermeulen – Elektor Labs
Jan Buiting – Editor, Elektor UK & US editions
Although interest in FPGAs is high, many designers are intimidated by the development software as well as the price of development boards. Cost can be reduced dramatically by eliminating the JTAG cable, and use a mini-USB cable instead. Also, for non-volatile storage an SD card is used. And if you lose interest in the FPGA, you can still use the on board microcontroller. The board is breadboard compatible, adding peripherals is easy. All this considerably adds to lowering the threshold to using FPGAs in practice.
In this webinar Raymond Vermeulen and Jan Buiting will be discussing the appealing features of this board, how the project came about and what you can do with it.
About the presenters:
Raymond Vermeulen is a young Electronics Engineer working in the Elektor Lab; he designed the FPGA development board. He is always looking for new components and technologies and looking for ways to employ them in projects.
Jan Buiting is one of Elektor's longest standing editors, he has a broad interest in all things electronics old & new.


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||D.C. Council Homepage||Home Rule Act||Council Rules||Council Review Provisions||Contents of Legalese||D.C. Home Page||
September 2000 Council of the District of Columbia Vol. 6, No. 2
|| District of Columbia
Appropriations Act, 2001 || Federal
Legislation Impacting D.C. || Suspension
of Financial Authority || INSIDE THIS ISSUE
Highlights of the D.C. Appropriations Act, 2001 now pending before Congress
WELCOME ABOARD - JOHN HOELLEN In its report that accompanied HR. 4942, the Committee on Appropriations recommended a
budget that included $414,000,000 in federal funds and $6,658,271,000 in District funds.
The Committee report on H.R. 4942 raised concerns about the failure of the Control Board
to "ensure the timely completion of the [CAFR]." The Committee stated that the
"complacency and inaction by the Authority as well as the District's Inspector
General are unacceptable."
|| Extension of Expedited Contract Review || Litigation - Two Reading Rule || Litigation - D.C. Voting Rights
|| Litigation - Cable
Franchise ||
|| Prospective Mayoral
Appointments ||Ethics Matters || End of Council Period XIII ||
|| Attorney Assignments || Welcome Aboard ||
Editors ||
Highlights of the District of Columbia Appropriations Act, 2001
now pending before Congress
Budget amount
The Committee's recommended budget represents a
decrease of $31,425,000 in federal funds (7 %) and $33,661,389 in District funds (1/2 %).
The Committee recommended (sua sponte) an
authorization of $1,500,000 for the Chief Financial Officer for programs which would seem
normally to be under the purview of the Mayor. The funds are available to the CFO for a
mentoring program, hotline services, a youth development program, a program to assist
homeless individuals, and a trash rack system program at the Hickey Run stormwater
outfall. The Committee also requested that the District conduct a review of property
within the District that is currently listed as tax-exempt.
The Committee reduced the federal payment for resident tuition support by $ 4,000,000
to meet actual FY 2000 expenditures.
Reduction in authorization to the Courts
The Committee reduced the payment to the District of Columbia Courts by $3,500,000
(3.4%), which still represents a $2,786,000 increase from last year's budget for court
operations, but a decrease of $3,000,000 for capital improvements. The Courts found
themselves on the other side of the judicial bench, when the Committee disagreed with the
Joint Committee on Judicial Administration's conclusion that the Courts had not violated
the Antideficiency Act. The Committee agreed with a report by the General Accounting
Office which determined that the D.C. Courts overobligated their FY 1998 appropriation
when they retained and spent money earned as interest on federal funds. The Committee
determined that the D.C. Courts incorrectly cited to the United States Code in reaching
its conclusion.
Crime victims compensation fund
transfer to the Mayor
The Committee rejected the provision of the budget
request that would make Justice Grants Administration in the Executive Office of the Mayor
the recipient of certain moneys from the fund instead of miscellaneous receipts of the
Treasury of the United States, but stated that it would work with the District to ensure
that the fund is used for the benefit of victims of crime. Although the Committee expressed concern regarding the adequacy of the funding for the
Criminal Justice Act to ensure payment to attorneys representing clients in the criminal
justice system, it reduced the District's request by $ 4,000,000 (10%), which still
represents an $1,051,000 increase over the FY 2000 appropriation. Citing the excellent work of the Court Services and Offender Supervision Agency, the
Committee recommended an increase of $17,225,000 over the District's request to improve
supervision, drug testing, intervention and treatment. Money for Washington Interfaith Network
The Committee committed $1,000,000 (sua sponte) to the Washington Interfaith
Network to reimburse WIN for costs incurred in carrying out preconstruction activities at
the former Fort Dupont Dwellings and Additions. New York Avenue Metrorail reduction
The Committee reduced the District's request for Metrorail construction at the
intersection of New York Avenue and Florida Avenue, Northeast, by $22,000,000, but funded
the construction via a transfer of $22,000,000 from interest earned on federal and other
funds held by the Control Board on behalf of the District. Money for simplifying personnel policies
Money to study lack of reciprocity The Committee recommended appropriations of $100,000 "for a study analyzing the
amount of revenue obtained by other jurisdictions on the personal income of residents
earned within the District of Columbia and analyzing the lack of reciprocity between the
District and nearby jurisdictions on the personal income earned in other jurisdictions,
and for the negotiation of tax compacts to remedy the lack of reciprocity." The Committee eliminated the $10,000,000 requested for the Brownfield Remediation at
Poplar Point because it concluded that the plan submitted contained insufficient detail
regarding the expenditures. National Museum of American
Music reduction
The Committee reduced the District's budget request for the establishment of a National
Museum of American Music by $2,750,000 (92%). The appropriation requires a two-to-one
match by the private sector before any disbursements may occur. The Committee plans to
revisit this appropriation after gauging the degree of private sector support in order to
assess the viability of continued public contributions. DISTRICT FUNDS The Committee recommended slashing the Control Board's requested budget from $6,500,000
to $3,140,000 justifying the cut by stating that "[t]he control board has once again
failed to provide the minimum level of justification material. The control board should
set an example for the District government in how to prepare budgets that managers can use
to evaluate their performance. The audacity of requesting a budget that is more than
double that of the previous year with little or no written justification, for a year when
the control board will be winding down, speaks volumes." Small purchase procurement authority for OCTO
The Committee provided the Office of the Chief Technology Officer with small purchase
procurement authority of $500,000, like the authority provided for the police department,
to assist the office in completing the citywide telecommunications and data access
infrastructures. Charter School amendments
The Committee made a number of changes to the congressionally enacted charter school
First, concerning the two statutes that control the establishment of charter schools in
the District of Columbia, the Committee included language in the appropriations act that
makes unenforceable any law that duplicates or is inconsistent with the congressionally
enacted charter school law. One possible interpretation of this new amendment would be
that the only provisions of the charter school law enacted by the Council that would be
enforceable would be those that augment the federal charter school law.
Second, the amendments give charter schools priority over commercial bidders in
acquiring surplus school buildings.
Third, the new law changes the way charter schools must award contracts with a value of
over $10,000 by limiting the provision to procurement contracts, shortening the time in
which procurement contracts need to be advertised and reviewed, increasing the limit to
$25,000, and placing the contract review process under the jurisdictions of the authorized
chartering boards.
Fourth, the new licensing provisions for preschool or prekindergarten programs will put
the charter schools on equal footing with the other D.C. Public Schools. Charter schools
will be subject to licensing requirements to the same degree as the other D.C. Public
Schools. General Provisions in the appropriations act
The Committee chastised District employees who labored to streamline the budget request
act by eliminating the 70 or so "general provisions" traditionally tacked onto
the end of the District appropriations act. The Committee suggested that "District
officials, including budget and legal staff, find more productive ways to spend their time
and taxpayer funds."
In the October 1999 issue of Legalese there is a comprehensive article on the
actions necessary to end a control period. The end of a control period will lead to the
suspension of the activities of the Financial Authority. Since that article, the Financial
Authority issued an order in which it certified that three of the four conditions
necessary to end a control period have been met by the District. On September 20, 2000,
the Financial Authority stated that the only outstanding certification that it needs to
make involves information to confirm the existence of the fourth consecutive year of a
balanced budget for the District. That information will be contained in the CAFR
(Comprehensive Annual Financial Report) on fiscal year 2000 which will be issued sometime
around February 1, 2001. See D.C. Code § 47-392.9(b)(2). [CB-H] COUNCIL
The Council has extended the sunset date for the streamlined procedure for Council
review of contracts. That deadline has been extended from December 31, 2000 to December
31, 2002. See, Section 102 of the Fiscal Year 2001 Budget Support Emergency Act
of 2000 and the Fiscal Year 2001 Budget Support Act of 2000. An article that summarized
the streamlined procedure for Council review of contracts was published in the October
1999 issue of Legalese. [CB-H] SIGNIFICANT FEDERAL
LEGISLATION Electronic Signature (E-Sign) Legislation Approved
On June 30, 2000, President Clinton signed the Electronic Signatures in Global and
National Commerce Act ("E-Sign"), Public Law 106329, which brings us closer to
a paperless society. The act will go into effect on October 1, 2000. It modernizes
contract provisions by allowing electronic records and signatures to be treated the same
as written signatures or documents for records relating to certain transactions in or
affecting interstate or foreign commerce. Consequently, even though a statute or
regulation requires a written signature or document, upon the occurrence of certain
conditions, a contract entered into electronically will be given the same effect (same
rights and privileges) as any written contract. For the consumer, this means that where
there is a statute, regulation or other rule of law that requires written notification of
some action that notice can be provided electronically. A primary situation where this
would occur is in the context of insurance policies. If a District resident purchases life
insurance from a nonDistrict company, and the policy requires that written notification be
given within a certain period of time to cancel a policy, an electronic notification would
satisfy the requirement. To the extent a law requires that a contract or other record be
in writing or signed, an electronic signature or document is acceptable only when the
consumer has affirmatively consented to the use of electronic records. In order for a
consent to be valid, prior to the consent, a consumer must: Although the Act specifically requires the consumer's consent and confirmation of the
consent, §101(c)(3) of the Act seems to undermine that requirement since it states that
the failure to do so does not affect the validity or enforceability of the contract.
Section 101(g) of the Act contains a special rule on how electronic records can meet
statutory or regulatory requirements of notarization, acknowledgment, verification, or
oath. This requirement can be satisfied "if the electronic signature of the person
authorized to perform those acts," along with other required information, "is
attached to or logically associated with the signature or record." Limited State Exemptions from
Federal Preemption
States are not preempted from adopting legislation pertaining to electronic signatures
and records only if they adopt: Exempted matters:
The Act exempts the following types of contracts and matters from its application:
Applicability of Act to State Governments
Currently, Bill 13-606, the Uniform Electronic Transactions Act ("UETA"), is
pending at the Council. This act recognizes electronic transactions, in addition to paper
transactions, with electronic signatures and is clearer and more comprehensive than the
federal E-Sign legislation. If the Council adopts UETA, that law, rather than the federal
E-Sign legislation, will control the use of electronic records and signatures in the
District for interstate or foreign commercial transactions.
To the extent that a state does not adopt UETA or legislation that is consistent with
this Act, § 104 of this Act expressly states that it does not supersede any requirement
that records be filed with a state regulatory agency "in accordance with specified
standards or formats."
In the absence of the adoption of UETA by the District, my understanding is that the
federal legislation would require that each District act that requires notice in writing
for interstate or foreign commercial transactions must allow for the electronic notice and
signature. For example, if an act currently requires that a person be given notice in
writing, you would revise the language to state that the person shall "give notice in
a record." The word "record" is defined in § 106(6) of E-Sign to include
both written information and information stored in an electronic or other medium that is
retrievable in perceivable form. [CB-H] Federal Tax Relief for District Residents H.R. 4358, the Omnibus District of Columbia Tax Incentive Recovery Act of 2000, was
introduced in the House of Representatives on May 2, 2000, by Congressional Delegate
Norton. This measure has been referred to the Committee on Ways and Means. Title I of the
bill is entitled the "District of Columbia Nonresident Tax Credit Act of 2000."
That provision requires that nonresidents who earn wages in the District be assessed a 2%
tax on that income as long as they would be entitled to a corresponding tax credit in that
amount and that 2% be withheld from the net earnings of self-employed persons in the
District. It would require District employers and every nonresident partner and sole
proprietor of unincorporated businesses to make the necessary withholding. If adopted,
Title I will bring the District closer to being treated similarly to other states and
cities. Every state and most major cities in the United States have the right to tax
income that is earned within their borders. However, in the past the Congress has
continuously restricted the ability of the District to tax all income earned within the
District and denied the District a right that many other cities and states exercise. No
other city in the United States, other than the District, is prohibited by law from taxing
the income nonresidents earn in their jurisdictions. The inability of the District to tax
the income of nonresidents, who earn two-thirds of all income earned within the District,
and the expense of funding municipal services which also serve nonresidents, has had
adverse affects on the economy of the District. This legislation will bring needed revenue
for necessary improvements and will help to enhance services to a level that is worthy of
the nation's capital. This proposal offers a creative approach to address an inequity
without affecting the revenue stream of any other locality.
Title II of that Act, which is entitled the "District of Columbia City-Wide
Enterprise Zone Act of 2000" would treat the entire city as an enterprise zone for
purposes of the Internal Revenue Code.
Title III of that Act, which is entitled the "District of Columbia Economic
Recovery Act," would impose a flat 15% federal income tax, minus certain monetary
exemptions on the income of District residents.
Title IV of that Act, which is entitled the "District of Columbia $5,000 Homebuyer
Credit Act of 2000" is the permanent version of the federal first-time District
homebuyer $5,000 credit which has a sunset of January 1, 2002. [CBH]
READING REQUIREMENT The plaintiff in Dino Joseph Drudi v. D.C. Board of Elections and Ethics, et al.,
Civil Action No. 4716-00 (Judge Bayly) challenged the Council's adoption of the School
Governance Charter Amendment Act of 2000 (Bill 13-469; Act 13395) on the ground that an
additional reading was required. Section 412(a) of the District Charter requires, in
relevant part, that acts of the Council, other than emergency and budget acts, be read
"twice in substantially the same form." The Council voted favorably on the
School Governance Act on three separate occasions -- January 18, 2000, February 1, 2000,
and February 17, 2000. Plaintiff argued that, despite the fact that Bill 13-469 was read
on three separate occasions, it was not read "twice in substantially the same
form" because of the existence of two provisions in the February 17, 2000,
re-enrolled version, that did not exist in the engrossed or enrolled version of the bill.
One provision purported to authorize the Council to create a state education agency, while
the other allowed the determination, with respect to the composition and method of
selection of members of the Board of Education, to be based on local law after the law
sunsets in four years.
On May 2nd, the General Counsel filed a response with the Board of Elections and Ethics
to a complaint made by Mr. Drudi alleging the procedural violation of the two-reading
rule. On that same day, we made an appearance at an evening hearing on the matter. The
BOEE rejected this argument for lack of jurisdiction. Mr. Drudi, on the eve of the special
election scheduled for the charter amendment, filed a request for TRO in the Superior
Court. On June 22nd the trial court (Margaret Haywood) granted a TRO enjoining the
counting of the ballots for the June 27th special election. An immediate appeal was noted
to the D.C. Court of Appeals and oral argument was heard on Friday night June 23rd (Judges
Ruiz, Reid, and Washington). Counsel for the District and counsel for the Council argued
in favor of sustaining the law and reversing the grant of the TRO. The Court of Appeals
issued an order during the early morning hours of Saturday, June 24, 2000, reversing the
grant of the TRO. Mr. Drudi continued his complaint for declaratory judgment relief before
Judge Bayly who, on June 30th, set a motions schedule and argument schedule, with the
Council's motion in opposition to the motion for summary judgment due Friday, July 7th.
Plaintiff filed a motion for summary judgment to declare the law void, and counsel for
the District and counsel for the Council filed separate opposition to plaintiff's motion
and moved, alternatively, for summary judgment to sustain the law. Counsel for the
District argued that plaintiff lacked standing to raise this issue because he had not
demonstrated that he had been personally harmed by the alleged impropriety. Counsel for
the Council argued that neither provision was a significant change because: (1) the
Council had the power, pursuant to section 404(b) of the District Charter, to create a
state agency; (2) the sunset provision was discussed at length during the January 18th and
February 1st earlier readings of the bill; (3) the purpose of the two-reading requirement,
to give the public ample notice of action that will be taken by the Council, was met by
the series of public hearings held by the Council before and after the introduction of the
school governance charter amendment bill, and the notices published in the D.C. Register,
which made the public aware that the Council was considering options involving the size
and composition of the Board of Education, not just for this year but for years to come;
and (4) considerable deference should be given to the ruling of the Chairman that an
additional reading was unnecessary particular when, as in this case, the issue involves
the application of a charter provision that pertains to a procedure to be followed by the
legislative body.
The court denied the plaintiff's request for summary judgment and instead granted
summary judgment to the District and the Council. The court addressed the standing issued
by finding that the plaintiff failed to allege "a palpable injury that he suffers or
is about to suffer" since the sunset provision will not deprive the plaintiff
"of a vote for the next four years" and thus his alleged injury of a denial of a
right to vote on any future changes to the school governance structure is "too remote
in time and in consequence to confer on plaintiff the sort of standing recognized in the
case law." (Op. at 7). Although the court could have ended the opinion with its
ruling on the standing issue, it addressed the substantive issue of whether plaintiff had
sustained his contention that the Council had violated the two-reading requirement of the
District Charter in adopting the School Governance Act. The court found that
"although [the bill] passed through various formulations, the fundamental character
and intent of the proposed legislation did not alter" and thus the bill was
substantially the same proposal on final reading as on earlier readings. (Op. at 9). In
particular, the court found that the inclusion of the four-year sunset provision in the
final version of the bill "can scarcely be deemed supposititious or startling"
in light of the fact that it was discussed at length during the four-hour debate of the
measure at the February 1st second reading of the bill. (Op. at 11). With respect to the
addition in the final version of the bill of the provision that authorized the Council to
establish a state education agency, the court ruled that it was simply a reflection of
"the Council's clear power to create such an agency or instrumentality, 1 D.C. Code
§ 227(b)." Id. The court found that "[c]omity, finally, as well as
common sense, cautions the Court not to enter rashly into the legislature's province . . .
the Court should not refuse all deference to the legislature's competence or to its
conduct of legislative affairs." (Op. at 12). For these reasons, the court concluded
"that passage of the Act offends no constitutional or statutory provisions and that
plaintiff's assault, albeit forcefully presented, must fail." (Op. at 13). (CBH) D.C.
In March, the United States District Court issued a decision in the case of Lois E.
Adams, et al. v. William Jefferson Clinton, et al., Civil Action Nos.
98-1665 and 983187, involving Congressional voting representation for the District. The
majority opinion in the 3-judge panel decision (Judges Garland, Oberdorfer and
Kollar-Kotelly) only decided the issue of whether "an apportionment of congressional
districts that fails to account for the District of Columbia and its residents" is
constitutional. (Slip op. at 7). For jurisdictional reasons, they remanded to Judge
Oberdorfer for resolution the claims involving whether District residents' lack of the
right to vote for U.S. Senators was a violation of equal protection and the right to a
republican form of government (17th Amendment), as well as the claim that "Congress'
continuing exercise of exclusive authority over matters of local concern, particularly
their challenge to the existence of the Control Board" violated the Constitution.(1) I. The Plaintiffs Have Standing to Bring the Claims. Prior to ruling on the merits of the apportionment issue, the 3-judge panel decided
that the plaintiffs had standing to bring the claim based on the fact that: (1)
plaintiffs' claim of "lack of representation in the House satisfies the 'injury in
fact' requirement," Slip op. at 9-10; (2) there was a causal connection between the
lack of the Secretary of Commerce to count the District's population in his report
(following the decennial census) to the President on the total population of each state
for purposes of congressional apportionment, Slip op. at 10-11; and (3) the injury and the
conduct complained of could be redressed by a favorable decision, even though the court
may not enjoin the President, primarily because there had been no suggestion that the
President or House officials would not follow the decision of the court, Slip op. at 12
& 16.
In addition, the court found that the lack of the presence of a Maryland election
official as a defendant did not pose an obstacle to the court fashioning a remedy for the
alleged complaint. The court reasoned that: Although there is no guarantee that Maryland officials would permit District residents
to vote there even if we directed the Secretary to count them as Maryland citizens for
purposes of apportionment, the fact that officials who are not parties to these cases are
in a position to thwart one of many potential remedies does not defeat our jurisdiction .
. . a remedy could be crafted that would not necessarily rely on Maryland's electoral
machinery. Slip op. at 18-19. The court concluded that the plaintiffs "have standing to raise claims challenging
the constitutionality of the exclusion of the District of Columbia from the apportionment
of congressional districts." Slip op. at 19. II. Article I of the Constitution Does Not Guarantee the Right of District
Residents to vote in Congressional Elections Because the District is not a State.
A. The plain language of the Constitution and judicial precedents do not
support a finding that the District is a "State." The court devoted several pages of discussion to the issue of whether the District is a
state for the purposes of the Constitution. Although case law has treated the District as
a state for some purposes, slip op. at 2133, no cases have ever found the District to be
a state for purposes of Article I of the Constitution. Throughout Article I there are
references to the rights of "states." See Section 2 ("House of
Representatives shall be composed of Members chosen every second year by the People of the
several States, and the Electors in each State shall have the qualifications requisite for
Electors of the most numerous Branch of the State Legislature") and Section 3
"The Senate of the United States shall be composed of two Senators from each State
[chosen by the Legislature thereof,] for six years; and each Senator shall have one
In this case, the court focused on the "State Legislature" language contained
in Article I, Section 2. It stated that the District never had a "State
Legislature", other than Congress, until the Home Rule Act in 1973, which created an
elected Council and Mayor form of government. Slip op. at 24 & n. 19. Despite this
finding, the Court, relying on Clause 17 of Section 8 of Article I, which is commonly
known as the "District Clause" of the Constitution, found that since the
Congress has the power to "exercise exclusive Legislation in all Cases
whatsoever" over the District of Columbia, and that the Congress cannot be considered
a State Legislature for these purposes, that the District could not be a state. Slip op.
at 2436.
Moreover, the court found that "[i]ncluding the District within the definition of
'state' is also inconsistent with the provisions of clause 3 of Article I, section 2,
which provides that 'Representatives . . . . shall be apportioned among the several
States which may be included within this Union, according to these respective
numbers.'" Slip op. at 26. (Emphasis supplied in decision). In examining the usage of
the word "States" in the Constitution, the district court found that states in
the context of Article I meant one of the original states or a state that had been
admitted by Congress to the union. Id.; Slip op. at 39.
For these reasons, the court concluded that "the Constitution does not contemplate
that the District may serve as a state for purposes of the apportionment of congressional
representatives." Slip op. at 30.(2) B. There is no residual right to allow District residents to vote in Maryland.
The court rejected plaintiffs' argument that District residents should be allowed to
vote in congressional elections through the State of Maryland because the "residents
of the land ceded by Maryland apparently continued to vote in Maryland elections during
the period between the Act of 1790, by which Congress accepted the cession, and the
Organic Act of 1801, by which Congress assumed jurisdiction and provided for the
government of the District." Slip op. at 43. The rejection was based on several
grounds. First, the court found that this argument was precluded by precedent, which had
already decided the issue against District residents who had made similar arguments. Slip
op. at 43-45. The court found that District residents were allowed to vote in Maryland
congressional elections during the period 1790 to 1801 because Philadelphia was the
"seat of government" during that interim period. The District only became the
"seat of government" when Congress adopted the Organic Act of 1801, giving
Congress exclusive authority over the District. Until 1801, District residents were
considered to be "actual citizens" of Maryland, not "residual
citizens" of Maryland, and thus were entitled by nature of their Maryland citizenry
to vote in Maryland congressional elections. Slip op. at 50. C. Caselaw allowing residents of a federal enclave to vote in the state from
which the enclave was created does not allow District residents to vote in Maryland.
The court also rejected plaintiffs' argument that the case of Evans v. Cornman,
389 U.S. 419 (1970) allows District residents to vote in the Maryland congressional
elections. Slip op. at 56. That case involved the validity of a Maryland residency
requirement that prevented persons living on the grounds of the National Institute of
Health from voting in state and federal elections. The Supreme Court struck down this law
as violative of the 14th Amendment 's Equal Protection Clause. In finding that NIH
residents had a right to vote in Maryland elections, the court looked at the fact that
such residents were required to have Maryland driver's permits and license plates, could
send their children to Maryland public schools, could sue in local Maryland courts like
other Maryland residents, and had other rights and benefits of Maryland residency. The
court stated that, although NIH and the District are both federal enclaves, Congress has
never sought to exercise "that authority over NIH" but rather that type of
authority had been exercised by the State of Maryland. Slip op. at 59. In that situation,
Congress had ceded some authority back to Maryland with respect to NIH, but has never made
the same concession with respect to the District of Columbia. For this reason, the court
concluded that the holding in Evans was not equally applicable to the District. D. The denial of Congressional voting representation for District residents is
not a violation of the Equal Protection Clause of the Constitution. The Equal Protection Clause of the Constitution applies to the District through the
Fifth Amendment, not the Fourteenth Amendment. Slip op. at 63 & 26 n. 21. The court's
rejection of the equal protection claim was based on its finding that such a claim was
only applicable to "classifications drawn by executive and legislative
authorities," which this claim is not based on. Rather, this claim is based on the
Constitution itself, which confers the right to vote on select persons. Slip op. at 64. III. The Lone Dissenting Opinion of Judge
Oberdorfer Finds that District Residents Have a Constitutional Right to Vote in
Congressional Elections Because that Right was Secured By Their Votes Cast Between 1790
and 1801. Judge Oberdorfer concurred in the majority opinion with regard to the standing and
jurisdiction issues. However, he departed with the majority with respect to the
constitutionality of denying District residents the right to vote in congressional
elections. [CBH] DEDICATED TAX FOR THE WASHINGTON CONVENTION CENTER LITIGATION
Oral argument was held September 8, 2000 at 9:30 a.m. before the United States Court of
Appeals for the District of Columbia for the appeal of the dismissal of an action
challenging the sales, use, and occupancy taxes for the financing of the new Washington
Convention Center. On August 12, 1999, the United States District Court for the District
of Columbia, in Jenkins et al. v. Washington Convention Center, et al., Civil
Action No. 983404, held that it did not have jurisdiction to hear the suit as the Federal
Tax Injunction Act bars such actions in federal court where, as in the District, there is
a remedy in the local courts.
In 1994, in response to the need of the District for a larger convention center, the
Council created the Washington Convention Center Authority, governed by a Board of
Directors, and provided for taxes which would be used to finance the new center. It also
provided that such taxes would expire in two years if the Board did not submit final
financial requirements and a feasibility analysis to the Mayor and the Council. When it
became evident that the Board would not meet the deadline, the Council passed emergency
legislation delaying the deadline and, in June, 1998, it enacted new legislation repealing
the expiration of the taxing authority. The Plaintiffs, consisting of numerous individuals
and a business, filed a class-action lawsuit against the District and the Authority,
challenging the emergency legislation and the effective date of the repeal and seeking the
return of the taxes paid. They alleged that under District law, there was no legislative
authority to collect the taxes and such collection was a "conversion," i.e., an
unlawful appropriation of property. In addition, they alleged that under federal law, the
taxation without proper legislative authority constituted constitutional violations of due
process and a taking (i.e., the exercise of eminent domain) without compensation under the
Fifth Amendment.
On the motion of the Defendants to dismiss the action, the Court held that the Federal
Tax Injunction Act, which was a codification of common law principles, barred it from
hearing the matter. In order to insulate state tax administration from unwarranted federal
intervention, the statute provides that "the district courts shall not enjoin,
suspend, or restrain the assessment, levy or collection of any tax under State law where a
plain, speedy, and efficient remedy may be had in the courts of such State." For the
purposes of this law, the Court also held that the District would be considered to be a
"State" and that its administrative procedure for challenging the collection of
a tax constituted an adequate remedy to taxpayers. Moreover, it found that the District of
Columbia Tax Injunction Act, the local analogue passed by Congress prohibiting lawsuits
prior to the exhaustion of local administrative remedies, bolstered its conclusion that
the suit is barred.
The Court also held that the federal statute authorizing federal jurisdiction for
constitutional violations did not confer such jurisdiction. Although the statute generally
does not require the exhaustion of administrative remedies, the exception to the doctrine
of exhaustion of remedies does not apply where the constitutionality of a state tax is
The plaintiffs framed the issues on appeal by arguing as follows: that the District is
not a state for purposes of the Federal Tax Injunction Act; that the Federal Tax
Injunction Act does not preclude claims which seek only monetary damages and do not call
into question the current assessment, levy or collection of any tax; and that their claims
need be presented only after the exhaustion of administrative remedies. [DSK] CABLE TELEVISION Moore v. District of Columbia
D.C. Superior Court 2000 On July 10, 2000, the plaintiff sought a temporary restraining order to prevent the
Council from approving on second reading on July 11, 2000, the transfer of control of the
District's cable television franchise. That initial request was denied. The plaintiff has
now expanded that request and is requesting that the Court enjoin the approval of the
transfer of control of District Cablevision Limited Partnership from Tele-Communications,
Inc., to AT&T Corporation; and enjoin the Mayor and Council from negotiating or
approving the renewal of the cable television franchise, either with District Cablevision
or Starpower. The plaintiff also charges that the Cable Television Communications Act of
1981 is invalid because it authorizes the Council to award franchises, which the plaintiff
contends is exclusively an executive function that the Council, under the principle of
separation of powers, is prohibited from performing under the District of Columbia Home
Rule Act; and that the Council enacted consecutive emergency acts in violation of the
Court of Appeal's opinion in District of Columbia v. Washington Home Ownership
Council, Inc., 415 A.2d 1349 (D.C. 1980) (en banc).
The Council's response is that the plaintiff's request that the court prevent the
transfer of control of the cable franchise is both untimely and moot, because the approval
of transfer of control of the franchise occurred 18 months ago, and that the approval
cannot be retroactively changed. Further, the attack on the validity of the Cable
Television Communications Act, upon which most of the plaintiff's claims are based, is
simply wrong inasmuch as the power to grant franchises has been historically and
traditionally vested in the legislature; and lastly, the Council is authorized to pass
successive emergency acts in order to preserve the status quo pending congressional review
of the permanent or temporary act.
The plaintiff relies on Wilson v. Kelly, 615 A.2d 229 (D.C. 1992), for the
proposition that the Council was not authorized to grant a cable television franchise. Wilson
v. Kelly held that Council review of certain contracts exceeded its resolution
authority. Unlike the resolution at issue in Wilson v. Kelly which is not subject
to Mayoral approval, the Mayor signed the Cable Franchise Agreement, both Change of
Control Agreements, and the emergency and temporary legislation. The Office of Cable
Television and Telecommunications ("OCTT") made the recommendation to the
Council on whether to approve or disapprove the transfer, and the OCTT is authorized to
negotiate the terms of transfer or renewal. Thus, unlike the issue in Wilson v. Kelly,
the Executive branch of government was a part of the process. Moreover, a resolution
requires only a single reading by the Council acting alone, while the legislative
vehicle used here, an act, required reading(s) by the Council, approval by the Mayor,
approval by the District of Columbia Financial Responsibility and Management Assistance
Authority, and, for the temporary act and permanent acts, review by the United States
Finally, with respect to the claim that the Council illegally adopted successive
emergency acts, the response is simple. The procedure used by the Council, whereby it
simultaneously adopts emergency and temporary legislation, has been sanctioned by the D.C.
Court of Appeals for at least a decade.
Although the Washington Home Ownership decision in 1980, contemplated the use
of something akin to temporary legislation as a vehicle to satisfy the congressional
review requirement, the case of United States v. Alston, 580 A.2d 587 (D.C. 1990)
specifically held that "where the Council has determined that emergency legislation
should remain in effect for more than ninety days and taken all reasonable actions to
assure that its legislation, in a form enacted after two readings, is presented to
Congress for review without unreasonable delay, the Council acts within its legislative
authority under the Home Rule Act when it enacts a successive substantially similar
emergency act in order to maintain the status quo during the congressional review
period." [BKF]
In recent months the Council has enacted many changes to the District's campaign
finance law that may impact most candidates, government employees, and public officers.
This article highlights two of those laws. Campaign Finance Disclosure and Enforcement Amendment Act The Campaign Finance Disclosure and Enforcement Amendment Act of 2000 (Act 13-362) is
projected to become law on October 4, 2000. This act increases the civil penalties for
campaign finance and conflict-of-interest violations by quadrupling the maximum penalties
for campaign finance violations as follows:
The act also contains reporting requirements. It requires that the Director of Campaign
Finance issue a biennial report summarizing the receipts and expenditures of candidates
for Mayor, the Chairman and members of the Council, the President and members of the Board
of Education, shadow Senator and shadow Representative and political committees, with the
first report due by January 31, 2001. The reporting requirements excludes candidates for
ANC. Campaign Finance Reform Amendment Act Any questions concerning the implementation of these acts should be directed to Cecily
Collier-Montgomery, Director, Office of Campaign Finance, 2000 14th Street, N.W., Suite
420, Washington, D.C. 20009. The main telephone number for that office is: 671-0550.
Consecutive Emergency Legislation The Council often uses emergency legislation so that it can immediately
address a concern affecting District citizens; however, we must always be mindful of the
restrictions the District of Columbia Court of Appeals has placed on the use of emergency
In District of Columbia, et al. v. Washington Home Ownership Council, 415 A.2d
1349 (D.C. 1980) (en banc) ("WHOC"), the court considered the Council's
action in passing a series of three identical emergency acts imposing moratoriums on the
conversion of rental housing to condominium and cooperative property and regulating the
sale of converted units. At no time had the Council devised or passed permanent conversion
legislation. The court held that the Council was without authority to pass a second
substantially identical emergency because Congress had limited the effectiveness of
emergency actions to no more than 90 days, absent adherence to the two-reading rule for
legislation. To allow the Council to continuously use a succession of emergency actions
could lead to "emergency acts extending over years." (Id. at 1354). The
court ruled that Congress intended the Council's emergency power to be an exception to the
fundamental legislative process requiring a second reading and congressional layover; it
is not an alternative legislative track to be used repeatedly whenever the Council
perceives an ongoing emergency. Id. at 1359. The Court recognized the
difficulties imposed on the Council of developing a permanent legislative response during
the 90 day duration of an emergency act and suggested that the Council develop shortened
legislative procedures for interim legislation which followed the regular legislative
process of two readings and Congressional review. Id. at 1356-1357, notes 14, 15,
and 16.
As a result of these suggestions by the Court, the Council adopted a rule that allows
for the passage of temporary legislation, which has a limited duration of 225 days. See, United
States v. Alston, 580 A.2d 587, 590-591 (D.C. 1990) and Council Rule 413. This
process can only be utilized where it is approved on first reading at the same time as the
emergency act and it is substantially identical to the emergency bill. The Alston
case was the first case to be decided by a District court after Congress had increased
from 30 to 60 days the period of review for all criminal acts passed by the Council. In
light of the lengthy time for Congressional review of criminal laws, the court held that
it was appropriate for the Council to consider gap-closing emergencies to prevent an
emergency bill from lapsing during the pendency of Congressional review of a temporary or
permanent law.
WHOC has been interpreted to allow the Council to pass an identical successive
emergency legislation as long as the Council has had a final vote on a temporary or
permanent version which is pending legislative review by the Authority or the Congress,
thereby preventing any circumvention of Congress' power to review Council legislation. Of
course, with the review by the Financial Responsibility and Management Assistance
Authority adding two to three weeks to the process, this process is used quite often. This
article updates an article published in the October 1997 edition of Legalese.
[BKF/CB-H] School Governance Charter For the second time in the 27-year history of Home Rule in the District,
the Council proposed a change to the District Charter for submission to District voters
for ratification. The charter amendment proposed to change the Board of Education from 11
elected members to nine members, four appointed by the Mayor and five elected by District
voters. The first charter change initiated by the Council occurred over 20 years ago with
the approval of the Initiative, Referendum, and Recall Charter Amendment Act. A special
election was announced to consider the school governance charter amendment. On the eve of
the submission of the charter question to the voters, a lawsuit was filed to enjoin the
holding of the June 27th special election. The judge in chambers, Judge Margaret Haywood,
granted a partial Temporary Retraining Order, which allowed the special election to be
held, but enjoined the counting of the ballots pending further court proceedings on the
matter. An emergency appeal was taken to the D.C. Court of Appeals, which reversed the
trial court and lifted the restraining order, thus allowing the counting of the ballots
immediately after the votes had been cast by District voters.
On July 7, 2000, the Board of Elections and Ethics tabulated the ballots and certified
that a majority of the voters had ratified the Act by a vote of 20,511 (51%) in favor and
19,668 (49%) opposed. The Act immediately became effective since Congress had previously
approved H.R.4387, An Act To provide that the School Governance Charter Amendment Act of
2000 shall take effect upon the date such Act is ratified by the voters of the District of
Columbia. That Act became Public Law No. 106326 on June 27, 2000 with the approval of
President Clinton.
In November, when District voters go to vote, they will vote for a President of the
Board of Education and four members of the board, who will represent four new school
districts. School District I will comprise Wards 1 and 2, School District II will comprise
Wards 3 and 4, School District III will comprise Wards 5 and 6, and School District IV
will comprise Wards 7 and 8. [CBH] PROPRIETY OF
Frequently questions arise in the latter part of a Mayor's term as to the propriety of
the Mayor's inclusion of two terms in one confirmation resolution. The Mayor's appointment
powers allow for the designation of a nominee to two terms in a single confirmation
resolution under certain circumstances. The appointment to two terms is permissible as
long as the Mayor would be the Mayor during the beginning of the second term of the
nominee. This means that the second term must begin before the incumbent Mayor's term ends
at noon on January 2, 2003. For example, if the Mayor submitted a resolution to the
Council in September 2000 nominating a person to a 2-year term that expires June 2002, he
could in the same resolution nominate that person to a second 2-year term that begins July
2002, even though the term would not end until after the Mayor's term ended. However, if
the Mayor would not be the Mayor during the beginning of the second term of the nominee,
the measure must be returned to the Mayor, since the Council does not have the authority
to modify the term of the nominee to delete the reference to the improper second term. For
example, if the Mayor submitted a resolution to the Council in September 2000 nominating a
person to a 3-year term that expires June 2003, he could not in the same resolution
nominate that person to a second 3-year term that begins July 2003 since his term as Mayor
expires on January 2, 2003, which is before the second term would begin.
The only action that the Council can take upon receipt of this, or any other resolution
introduced at the request of the Mayor, is to approve or disapprove the proposed action
and not to modify the proposed action. Section 412(a)(2) of the Home Rule Charter does not
authorize the Council to modify resolutions transmitted by the Mayor. That section states
only that the Council may approve or disapprove proposed actions. When a Council
committee prepares to mark up a resolution from the Mayor, it may not substantively change
the resolution, even if the resolution is deficient due to a drafting error of the Mayor.
If the Mayor has made a substantive error in the resolution, the error can only be
corrected by the submission of a modified resolution by the Mayor. Therefore, with regards
to Mayoral resolutions, the Council may not substitute its version of the length of the
term or name of nominees for that of the Mayor. However, the Council may
make minor technical changes to a resolution, such as correcting an error in the spelling
of the name of a nominee. The ability of the Council to modify resolutions transmitted by
the Mayor is discussed in greater detail in an article published in the January 1997
edition of Legalese. [JIB/CBH] If you have not attended a Legislative Drafting Seminar and you are involved in
drafting legislation, please contact this office and place your name on a list of persons
who are interested in attending the next session. It is important that everyone who
engages in drafting legislation attend a training session to become more familiar with the
drafting convention used by the Council. The next legislative drafting seminar will be in
two parts, from 9:30 a.m. to 12:30 p.m. on Friday, September 22 and on Wednesday, October
11, 2000, in Room 700 South. The office telephone number is: 724-8026. [CB-H] Council Period XIII will end on December 31, 2000. This means that any introduced
legislation, other than temporary legislation, that has not received final Council
approval prior to December 31, 2000, will lapse, subject to reintroduction in Council
Period XIV. Council Rule 449(a) prevents the lapse of any temporary legislation that has
had first reading by December 31, 2000. Consequently, any bill or resolution that has not
had final Council approval by the last legislative session in December 2000 will lapse,
except for a temporary bill that has had first reading. Any matter that has lapsed at the
end of a Council period can be introduced in the new Council period, subject to Committee
referral, Committee action, and Committee of the Whole and Council approval.
However, legislative matters (resolutions, reprogramming requests, contracts in excess
of $1 million, etc.) that have an unexpired Council review period at the end of Council
Period XIII will not lapse. Council Rule 449(a) prevents the lapsing of any matter that
has been transmitted by the Mayor or an independent agency for a designated period of
Council review. It allows such legislation that is pending at the end of a Council period
to retain the same status in the new Council period as it had at the end of the prior
Council period. This means that if a legislative measure required a 60-day period of
Council review and Council Period XIII ends on the 30th day of review, the first day of
the new Council Period XIV will be day 31, not day 1 of a 60-day Council review. [CB-H] STATUS OF THE D.C. CODE
The Office of the General Counsel is currently in the process of finalizing plans to
publish the D.C. Code by the first quarter of 2001. Efforts by the Office of Contracting
and Procurement ended without a signed contract between the District and a private
publisher. This marks the first time since the advent of Home Rule that the Council has
had to enter into a contract on its own to publish the D.C. Code.
Recently, an article appeared in The Washington Post, which pointed out
some of the problems encountered in letting out a bid for the publication of the D.C.
Code. Since that article, the Office of the General Counsel has been contacted by several
small publishers about contracting for the electronic and print codification of District
laws. It is hoped that a new print and electronic publisher of the official D.C. Code will
be selected in the next month. [BFB/CBH] JOHN HOELLEN On September 11, 2000, John Hoellen joined the Office of the General Counsel as an
Assistant General Counsel. He is a resident of Ward 6, in the Capitol Hill area. He comes
to this office with extensive analytical, writing, and advocacy skills honed through many
years of experience as a journalist and a private practitioner. Equally important, he
brings with him a heightened commitment to public service and unique perspectives learned
from diverse experiences.
He received a B.S. degree in Journalism from Northwestern University, where he
graduated with honors. He also received a Juris Doctor degree from Northwestern University
School of Law, where he graduated cum laude and was a John Henry Wigmore Scholar
(three-year, full-tuition scholarship). He is a member of the bars of the District of
Columbia and Illinois. Prior to attending law school, Mr. Hoellen was a Sports Reporter
and Copy Editor for The Chicago Tribune newspaper and a freelance writer. Upon
graduating from law school, Mr. Hoellen worked as a staff attorney for the Legal
Assistance Foundation of Chicago, representing indigents in civil actions and practicing
in the areas of employment, housing, public benefits, consumer, and domestic relations.
For the past five years, he worked as a solo practitioner representing indigents in the
Superior Court of the District of Columbia and as a legal adviser for an international
trade consulting company specializing in antidumping disputes.
His experience representing lower-income individuals, particularly in efforts to obtain
public benefits, will be utilized as he reviews
legislation from the Human Services Committee. Moreover, his court experience will be
utilized as he reviews legislation from the Judiciary Committee. In addition to his
coverage of the Judiciary and Human Services Committees, Mr. Hoellen will be responding to
inquiries from Councilmember Mendelson. His extensive journalism background will be useful
in drafting legal opinions. Welcome aboard John!! [CBH] OFFICE OF THE GENERAL COUNSEL Donald Kaufman
Brian K. Flowers & Donald Kaufman (until vacancy is filled)
Johnnie Barton
Donald Kaufman
Johnnie Barton
John Hoellen
John Hoellen
Brian K. Flowers (until vacancy is filled)
Johnnie Barton
Benjamin Bryant (until vacancy is filled) In addition to the above, Ben Bryant serves as the Council Codification Counsel and
Brian K. Flowers serves as the Council Legislative Counsel. For the members who do not
chair committees: Donald Kaufman is assigned to inquiries from Councilmember Jim Graham,
John Hoellen is assigned to inquiries from Councilmember Phil Mendelson, and Johnnie
Barton is assigned to inquiries from Councilmember Vincent Orange. In addition, Benjamin
Bryant will advise on contracts.
John Hoellen Contributors:
Charlotte Brookins-Hudson, Brian K. Flowers,
Benjamin Bryant, Johnnie Barton, and Donald Kaufman Editorial Assistant:
Karen Westbrook 1. The jurisdiction of the 3-judge panel was pursuant to 28 U.S.C.
§ 2284(a), which allows the creation of a 3-judge district court panel "when an
action is filed challenging the constitutionality of the apportionment of congressional
districts." Slip op. at 4. Final judgment of a 3-judge panel is appealable to the
U.S. Supreme Court. 28 U.S.C. § 1253.
2. The court also discussed the issue of taxation without
representation of District residents in Congress. It found that numerous Supreme Court
cases have decided this issue in favor of taxation without congressional representation.
Slip op. at 40-42. Several Supreme Court cases have concluded that this is constitutional
because "there is no constitutional provision which so limits the power of Congress
that taxes can be imposed only upon those who have political representation." Slip.
op. at 41 (citations omitted).
Criminal Justice Act reduction
on income earned in District
Reduction in Control Board's budget
and Businesses
On April 5, 2000, D.C. Law 13-79, the Campaign Finance Reform Amendment Act of 1999, went
into effect. This law was adopted by the Council to:
Amendment Act of 2000
Legislative Drafting Training Sessions
Assistant General Counsel


text:
From director Joe Carnahan comes Copshop, a film that gives you a bit of Frank Grillo and Gerard Butler for your money too.
This one starts out in the open. Wearing a 70s feel in its early stage with absolute pride, we get a mix of ingredients. A burger van in the Nevada desert, a mystery man running to escape from something, a casino in the middle of nowhere, and a Gerard Butler drive-by. Well, it's not a bad statement of intent is it?
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Penned by Kurt McLeod and Joe Carnahan – with story credit to Mark Williams – Copshop soon narrows its focus though. We found ourselves in a small police station, where not particularly efficient cops seem to be settling in for a hopefully-quiet night shift. Not so, of course, as the mists begin to clear. Down in the cells of said police station are Frank Grillo's Teddy and Gerard Butler's Viddick. They are not friends, and it immediately becomes apparent that – no spoilers – there are low odds of them both getting through the movie.
But there are other factors and forces in play too, and in the midst of them is one who turns out to be the film's trump card: Alexis Louder as Valerie. She's the rookie cop who finds herself in the middle of a hellish situation. And whilst the bulk of Copshop is dialogue driven, there's a fair amount of action she has to contend with too. She seems at home with both.
It's a good job too, as we don't get quite as much time with the two named leads as you might expect. Butler in particular spends a portion of the film restrained. Appreciating there's a market for films where he's handcuffed and lit in dank blue light, he's perhaps deceptively billed as the lead here. Frank Grillo is typically committed, and you do get more of him. I didn't quite think that Copshop ever exploded into the head to head that it threatened to be.
But then I don't think the film itself properly ignited either.
I've had a lot of fun with Joe Carnahan-directed films before, and there are moments here too where it starts to spark. One particular sequence is excellent, where the limits of a bulletproof door and window are thoroughly tested. There's a character who appears part-way through the story and gives things a kickstart too, bringing some fine balloons along with them.
Furthermore, Carnahan has lots of fun with setup. When we arrive at the police station where the bulk of the film is set, he's careful to follow the Die Hard mantra of show us the geography first. He's experienced at this, and knows how to get everything into place.
I also got no sense that – outside of perhaps budget – this was compromised. It feels like the film someone intended to make.
The problem was I just didn't particularly warm to it, for a few reasons. I didn't get much of a sense of the claustrophobia from the surroundings which didn't help, and the generally wide shots left me often me in little doubt they're on a movie set, rather than buying into it was real. There are moments too in Copshop that perhaps could have worked with more intimacy – not that kind, behave – on stage, but in the film they didn't crackle for me. But perhaps more fundamentally, it never fully got its grip. Thus, by the time things inevitably start to escalate, I was watching Copshop, but it was hard to be too invested in it.
The one caveat to that is the aforementioned Alexis Louder, and I'm promptly off to seek out more of her work. And it'd be remiss of me the also note that on the plus side, there's a tasty moment where Gerard Butler's eyes practically bulge from his face as he screams "he's gonna die". It's hard not to enjoy that.
The film itself though has enough in it to warrant a watch. But I found it more about individual moments than a thoroughly engaging whole.
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text:
This young woman is now 20-years-old. But, back when she was an infant, she was born with a rare condition that caused a large patch of her hair to be white.
When she was a kid, she did try to dye the patch to match the rest of her hair– which is naturally dark brown.
But, every time, it would burn and leave rashes on her head. Plus, the dyed hair would eventually fade back anyway.
So, ever since then, that section of her hair has always just remained white. And while this was not a huge issue in the past, her locks have started to cause some major drama between her and her soon-to-be sister-in-law.
For context, her older brother, who is 27-years-old, will be getting married in just one month. He is engaged to his fiancée, May, who is 25, and she will be one of May's bridesmaids.
Anyway, just a couple of days ago, her family and May got together to have a large dinner party in order to touch base about the wedding plans. Plus, everyone just wanted to spend some quality time together.
But, things turned hostile pretty quickly while they were eating because out of nowhere, May told her that she should schedule an appointment at the hairdresser soon.
Now, she was caught off guard and asked her brother's fiancée why. Then, May said something that was beyond rude.
"May said I needed to get 'that thing' covered up for her wedding pictures," she revealed.
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text:
"Great Latin tuition from Kieron, I had no previous experience and he made me feel at ease going into an undergraduate classics degree at Durham. Ended up with a first in Latin."
Durham Undergraduate, Latin Tuition
13 +
A Level
English Language
English Literature
Senior School Entrance
Academic History
2007 – 2010 University of Cambridge, Classics – 2:1
2002 – 2007 Repton School
A-Levels – Biology (A), Chemistry (A), Latin (A), Classical Greek (A), Latin AEA (Merit)
GCSEs – 8A*s, 2As
About Me
I am a highly committed, experienced and passionate educator who always strives to get the best from students. I believe that enjoyment and education should go hand-in-hand, and for that reason always seek to develop a positive, enjoyable and motivated learning environment for the students. Whether in a classroom or one-to-one, my teaching style always focuses on building the student's confidence in their own ability to achieve results.
In the past three years, I have worked with over 30 different tutoring clients across a range of subjects, levels and abilities. Although my academic background is in Classics, I also have experience of tutoring the Sciences, History, Maths and English to GCSE level, as well as preparing students for entry into UK Independent Schools, with almost all subjects included at 11+, 13+ and 16+. I have worked with clients on a face-to-face basis and online in Canada, Taiwan, China, Hong Kong and South Korea.
Working as a private tutor, I have experience across a range of humanities and science subjects for clients aged from 7 to undergraduate level. I have taught at one of the UK's top independent schools, Wellington College, and currently work on a part time basis teaching 3 days per week for Loughborough Endowed Schools. I am also an examiner for the OCR Board.
Recent Tuition
Please find below a snapshot of my tuition experience.
2018 Students
8+ English and Maths – ongoing work with a Russian speaking boy who requires intensive support in Maths and English.
8+ English and Maths – long-term support for a Windesham student who is struggling with Maths and English.
ISEB Common Pre-Test – I prepared a girl to sit the pre-test and she has been successful in gaining offers from Epsom and St Swithuns.
10+ offer from Kings Wimbledon – Intensive tutoring for a boy over 2 weeks to help in his application to Kings, which was successful.
Eton Pre Test – successfully tutored a boy applying to Eton who now has a conditional offer.
City of London 11+ Scholarship – I tutored a boy in both English and Maths who has been awarded a scholarship to City of London Boys.
11+ offers 2018 – my students have received offers of places from the following schools: City of London (x2), Kings Wimbledon, Dulwich, Tiffin and Westminster.
13+ Winchester Scholarship – I worked with this student in Latin, Greek, Maths and Science. He successfully gained a place at Winchester, although ultimately just missing out on a scholarship award.
Epsom Common Entrance Tuition – weekly tuition across the full range of subjects, in particular Maths, English and Geography for a girl with a conditional offer to Epsom College.
Oundle Scholarship Winner – residential placement with a girl who won a scholarship to Oundle.
Wellington Scholarship – my tutee went from a D to a B in Latin over the course of 3 weeks.
GCSE Latin Home-schooling – home school preparation for a girl taking Latin as an additional GCSE.
Year 9 Science Support – holiday revision support in Biology and Chemistry for a Year 9 student
Year 9 Science Support – ongoing homework and mentoring for a boy whom I tutored to win a Westminster Scholarship in 2017
AQA GCSE Science – ongoing placement with a girl who needed support in all 3 Sciences for 2018.
Edexcel IGCSE Chemistry & Biology – long term placement supporting a girl with her studies in Biology and Chemistry.
Edexcel IGCSE Chemistry, Biology and Maths – long term placement supporting a girl with her studies in Biology, Chemistry and Maths.
Cambridge applicant – I gave mock interviews to a student applying for Law at Cambridge. She was successfully awarded a place.
A-Level Latin – intensive support to a small group of students especially on the literary element of their studies.
A-Level Latin – appointed to direct the studies of an A-Level home-schooled student.
2017 Students
8+ English and Maths – 8+ applicant to King's Wimbledon, particular work with creative writing.
8+ English and Maths – regular support for student looking to apply to King's, Hampton, Dulwich, Latymer Prep, Emanuel, St Paul's, Harrodian and Ibstock.
Sevenoaks Pre-test – intensive online and face-to-face preparation with non-native English speaker with a particular focus on improving Maths and English analysis.
Windesham student support – support for a 10 year old student who was disaffected with her Maths and required a re-grounding in the basics to instil confidence in her ability.
11+ English and Maths – weekly support for a bright (but complacent) boy who was looking to move into the top Maths set.
11+ English and Maths – weekly support for non-native speaker in English in preparation for application to Westminster, St. Paul's, King's College Wimbledon and City of London School.
Westminster Challenge Applicant – intensive support for very bright scholarship applicant to Westminster. I worked primarily on Latin, Greek, History and English.
13+ and 11+ Science Home-schooling (SEN Dyslexia, Processing disorders and mutism) – weekly lessons with home-schooled students who suffer from severe dyslexia, processing disorders and mutism.
13+ Online Eton King's Scholarship Applicant – year long contract to prepare a Malaysian student for the Eton King's Scholarship examinations in every subject.
13+ Uppingham CE Applicant, Maths and Science – holiday support for a bright but unmotivated boy in Maths and Science.
13+ Cranleigh CE Applicant – holiday support in English, History and Latin for a bright girl who struggled with essay structuring and writing effective responses to longer questions.
Latin GCSE Home-schooling – ongoing work with a very bright girl looking to take GCSE Latin in a year.
GCSE Chemistry Student – ongoing work with a bright boy who struggles with motivation and concentration.
GCSE Science Student – weekly support in Physics, Chemistry and Biology for a student who struggled with many concepts in Science, he has improved from a "D" to a "B" grade.
IGCSE Online Latin Student – assistance with Latin literature preparation for a very bright, home-schooled student.
GCSE Maths and Science Student – holiday support for a boy who finds Maths particularly difficult, the primary focus of these lessons has been to improve exam technique for all 4 subjects, especially on longer questions.
Year 9 Science Student (SEN Dyslexia and Tourette's) – weekly support for a boy suffering from severe dyslexia and Tourette's Syndrome, we work together on reinforcing topics covered at school as well as exam technique.
GCSE Latin, Science and English Support – holiday support for a very bright girl who required help with essay structuring and expanding her analysis in English Literature and Latin. I also worked to develop her exam technique in Science as well as reinforcing the content of the IGCSE syllabus in Chemistry and Biology.
King's Canterbury History / Philosophy Student – regular support for an A-Level student who has motivation and organisation issues. I have acted as a mentor as well as tutoring him both in the content of the AQA A-Level History papers (English Revolution / Russia) and improving his analytical skill set.
Durham Undergraduate Latin Student – holiday work developing an undergraduate's Latin language skills.
Investment Professional Excel Financial Modelling – regular work with a professional entrepreneur establishing a property investment business. He wished to learn the correct principles of Excel financial modelling.
Hobbies and Interests
When not teaching or tutoring, I am most likely to be enjoying the beautiful Derbyshire countryside with my partner. My three horses, Labrador and very naughty miniature Dachshund give me plenty of reason to be outside and, when time permits, I will probably be found riding, walking, clay shooting or fishing.
I love to travel to Europe and particularly enjoy spending time in Italy, indulging in my love of both the Classical World and Italian cuisine.
Client Testimonials
"Great Latin tuition from Kieron, I had no previous experience and he made me feel at ease going in to an undergraduate classics degree at Durham. Ended up with a first in Latin."
Durham Undergraduate
"Excellent tuition which my son enjoyed too! Went through 11+ process successfully with academic scholarship at the end."
S-H – Mother of 11+ Applicant 2018
"We were so happy to have Kieron as a tutor for our son! All of us have enjoyed the way Kieron worked with Ivan both in English and Math. Thanks to him Ivan had achieved the best results we could ever expect – three offers from Westminster, King's College and City of London!! We highly recommend Kieron to all parents! And more important – *** not only got great knowledge from him but also enjoyed him a lot as a great person!! Thank you very much, Kieron!!!) it was a great pleasure for all of us!!))"
EM – Father of 11+ Applicant 2018
"Kieron came to work with our son, ***, after disastrous results in the mock GCSEs. We asked Kieron to focus on the three sciences. The outcome has been that *** has transformed from an unsure and disorganised student in to a confident boy with a clear and structured approach to study.
The approach Kieron set out for revising the sciences has translated successfully to all other subjects. We are now facing the actual GCSEs with confidence, not just in the sciences but also across the board where predicted grades have moved from Es and Ds to Bs and As.
Clearly it is a team effort and *** worked very hard and had the right attitude, but Kieron was exactly the right person at the right time to bring calm and positivity into a universally stressful time.
From our perspective, Kieron has not just unlocked the sciences, but every subject is now much more manageable and achievable.
We can't recommend or thank Kieron enough!"
S-J – Mother of GCSE Science Student 2017
"Kieron has been tutoring my son in preparation for his GCSEs. He has been fantastic. My son really enjoys working with him and he is a pleasure to have a round. He is punctual, personable and very dedicated to his work. He is a fabulous teacher. We could not have asked for a better tutor for our son."
A – Mother of GCSE Science / Maths Student 2017
"Kieron has helped my two daughters immensely. One doing common entrance and the other preparing for GCSE. He is incredibly well prepared in all subjects at this level and teaches in a very clear, patient way, always managing to keep it fun and interesting. He is also incredibly polite and very punctual, which makes him a pleasure to have at home. I couldn't recommend him more."
A – Mother of 13+ and GCSE Students 201
"Kieron has been absolutely fantastic with ***, and we are delighted that *** has got through our choice of school. When Kieron started, *** was struggling with a few topics of Maths, within weeks we could see remarkable improvement in those areas. In English too, Kieron has worked on various topics, especially helping *** with creative writing.
Kieron is patient and makes lessons fun, hence *** looks forward to his weekly lessons. Whenever I had any concerns, Kieron was quick to call and discuss various options to get the best possible result. I would highly recommend him as a tutor."
N – Mother of 8+ Applicant 2017
"Kieron is a fantastic tutor. Apart from the high quality teaching that gets the results, there is a fun element to his approach that keeps my son engaged and looking forward to the sessions. I highly recommend him."
P – Mother of Westminster Challenge Student 2017
"We have engaged Kieron to tutor our daughter, who is home educated, through the Literature paper of the Cambridge I-GCSE Latin exam. This is a demanding task requiring the learning of complex vocabulary and literary analysis within a tight schedule. Kieron correctly assessed our daughter's ability and has approached the task with good humour and a natural enthusiasm for the subject. He regularly writes his own bespoke translations to a very high standard. Whenever there are matters to discuss his solutions to problems are very much based on common sense. We would not hesitate to recommend him to other families"
T & E – Home Educating parents 2017
"I wanted to pass along the good news that we received from Eton today that *** has won a King's Scholarship.
Thanks for your hard work and support. He could not have done it without you.
S and N – Parents of Eton King's Scholarship Winner 2016
Dear Kieron,
I thought that you would be delighted to hear that *** has been awarded a King's scholarship. We know that this has been achieved by the support and encouragement from tutors like yourself. You supported him at a crucial stage and hope you can share some of our vicarious pleasure in his achievement. You are a great teacher and your support has been most appreciated.
With warm thanks
D and E – Parents of Eton King's Scholarship Winner 2015
Dear Kieron,
Thank you for your detailed report which has been forwarded to me by ***. I have sent it to *** and hope that he reads it! I really appreciate all the preparation you did for the lessons and all the material that you brought to help ***. You are so well prepared and you have so much energy!
N – Mother of GCSE Student 2015