The timing seemed curious to some at the newspaper because, just a few weeks earlier, City Paper had published a cover story in which it criticized DPW for failing to crack down on private trash haulers who mix recycling and trash during their rounds.

I asked Lyons if there was any connection—was this meant as some kind of retribution? "Of course not," she said. Usually, she explained, citations are issued after someone makes a complaint and an investigator goes to check it out, not because an investigator is out looking. Lyons did not know if someone had complained about the Dumpster behind 2390 Champlain.

When I told her City Paper does not own the building—the paper is just a tenant—she said that sometimes the agent doesn't know to whom the citation should be issued. In this case, she said, City Paper "just seemed like the logical choice." (The paper's name is on the front of the building; the Dumpster is in the rear.) If ever there's an error, the matter "is resolved."

Lyons said other citations may have been issued in the area on the same day; she promised more information Monday. The agent who wrote the citation, K. Jones, has gone home for the day.

City Desk is working on compiling a list of the dismissed, which reportedly includes at least one big industry name.

Meanwhile, one question looms: Are these layoffs? Or just strategic reductions aimed at redundant positions, as Post management would have us believe?

Consider the case of one dismissed employee. This individual was told that the "numbers have been bad on the digital side and because of that, that's why they're doing it."

Another victim of the reduction-in-force reports that the motivation is that the Post is moving to streamline its operations.

Updates to come.

The time has almost come for Mayor Adrian M. Fenty's annual birthday spectacle.

Two years ago, Fenty threw a grand, open-door party at the Washington Convention Center. A year ago, Fenty kicked off his re-election campaign with a massive fete at the Forest Hills home of local developer Chris Donatelli. This year, for Hizzoner's 39th, the birthday bash/campaign fundraiser will also take place at a tony, oversized residence. This one, however, isn't occupied by any developer.

In fact, it's vacant. The Dec. 5 event will be held at 1821 Hoban Road NW, a 7,000-square-foot, six-bedroom model home built as part of the Residences at 1801 Foxhall, a development of 27 single-family homes in the upscale Ward 3 neighborhood.

According to an e-mail sent out to Fenty supporters, guests will "mingle in a signature Fenty outdoor tent" and can "do a dine-around on quick healthy bites of tacos, turkey chili or mac and cheese catered by On The Fly"---the ex-business of Fenty transportation director Gabe Klein. Oh yes: "There will also be a large cache of Wine, Beer & Soft Drinks."

There is a slight bit of irony to the location: The 1801 Foxhall residences are being built on the site once proposed for a grand mayoral manse.

Potomac, Md., philanthropist Betty Brown Casey (widow of developer Eugene Casey and the name behind Casey Trees) had proposed donating the former Marjorie Merriweather Post estate to the city and building a grand residence thereupon, to be named Casey Mansion. She even bought some $2 million worth of furniture for the dwelling. Alas, after years of feuding with neighbors, activists, federal and local officials, Casey dropped the plan in 2003.

St. Patrick's Episcopal Day School bought the property and in turn sold a portion to McLean-based Elm Street Development to finance a new campus for the school.

If you attend the fundraiser and like the house, it can be yours for $3,849,000.

Washington City Paper has been slapped with a $50 fine from the D.C. Department of Public Works for "failure to separate recycling from other solid waste" at 2390 Champlain St. NW, the address of the paper's newsroom.

Normally, City Paper wouldn't report on this as news. Except there are several curious things about the citation (view a PDF of it here). First, the timing: City Paper recently ran a cover story by Christine MacDonald about how D.C.'s private trash haulers often commingle recycling with solid waste during their pickups and how the city has been lax in cracking down on them. The story hit the streets Nov. 5 12. The date of violation on the citation is Nov. 16.

Second: While the "respondent" on the citation is Washington City Paper and the citation was sent (via certified mail) to City Paper's office, City Paper doesn't own the Champlain Street building and the Dumpster in question is not registered to the newspaper, according to Amy Austin, the publisher. She says it's registered to Stout and Teague, which manages the building for its owner, Chicago-based Glancer Properties LLC (City Paper used to be owned by the building's owner when it was Chicago Reader Inc.). The Champlain Street building has multiple tenants, including WPFW radio, a software development company, and a bike shop.

"We're just tenants," says Austin. "We haven't owned the building for over two years. Why not say it's WPFW's trash?"

"We're not paying the citation," she says.

There's no question there was trash in the recycling-only Dumpster used by the tenants of 2390 Champlain; the citation, written by agent K. Jones, helpfully included a picture of a white plastic trash bag sticking out the top. The question is: Why now, and why send it to us?

City Paper has a call in to Linda Grant, DPW spokesperson.

Stories broke this morning in the Los Angeles Times and in the Examiner reporting that D.C. Schools Chancellor Michelle Rhee took an active role in investigations of her fiance, Sacramento Mayor Kevin Johnson.

Allow LL to explicate a little more fully what this is and what Rhee is alleged to have done.

Rhee's involvement in Johnson's dealing has been revealed as part of an investigation by two congressional Republicans into the firing of Gerald Walpin, who had served as inspector general for the federal AmeriCorps program until June. Republicans allege that Walpin was fired by the Obama administration for political reasons---in particular, for pressing his investigation of mismanagement of federal funds by St. Hope, the nonprofit founded by prominent Democrat and Obama ally Johnson. The Republican report [PDF], released today, concludes that the White House's decision to fire Walpin was "based on incomplete and misleading information"; that a White House lawyer's explanation for the firing is "not credible"; and that the firing "is likely to have a chilling effect on the IG community." In other words, there's a lot of political posturing going on here.

But along with their report, the Republicans also released Walpin's IG report on St. Hope, which includes interview notes indicating that Rhee got involved after a St. Hope employee reported being "touched inappropriately" by Johnson.

Rhee's involvement in the probe stems from the statements of Jacqueline Wong-Hernandez, a former St. Hope staff member, to federal investigators. According to an interview report, Wong-Hernandez told an investigator that Rhee was well known as someone who filled several roles with Johnson's St. Hope organization and would use Johnson's office when she was in town. Wong-Hernandez said that Rhee 'played the role as "Damage Control". When there was a problem at St. HOPE, Ms. Rhee was there the next day taking care of the problem.'

When the sexual misconduct allegations were raised, Rhee contacted Wong-Hernandez to figure out what had happened, telling her "she was making this her number one priority and she would take care of the situation." Subsequently, Wong-Hernandez found out that Johnson's lawyer had contacted the accuser, after which the accuser dropped the complaint.

Disgusted with how the incident had been handled, Wong-Hernandez quit St. Hope, and it was Rhee who conducted the exit interview. She told Rhee the reason she was leaving was the way St. Hope had handled the sexual misconduct allegation. According to the interview report, "Ms, Wong-Hernandez also informed Ms. Rhee that she didn't trust the management at St. HOPE. Ms. Rhee documented the interview in her daily planner and responded to Ms. Wong-Hernandez by thanking her for bringing it to her attention how disorganized the program had become. Ms. Rhee didn't try to talk Ms. Wong-Hernandez into staying."

The L.A. Times further reports that Rhee spoke directly to Walpin, having discussions "in which she made the case for Johnson and the school he ran in Sacramento" and described Johnson as "a good guy." Still, the paper reports, "Rhee's position had little effect on [Walpin], who filed a criminal referral to the U.S. attorney on Johnson....But both the Sacramento police and federal attorneys declined to pursue charges."

When Walpin's report had to say regarding Johnson's sexual misconduct was a relatively minor part of the report, which focused on misappropriation of federal funds and other serious-but-less-salacious charges. But allow LL to share what Walpin turned up---the first instance related in the report is what was described to Rhee by Wong-Hernandez; it's unknown if Rhee was aware of the other allegations below:

G. Improper Sexual Physical Conduct

Our investigation disclosed evidence of sexual misconduct towards young female Members by Mr. Johnson. One Member, [REDACTED] (Ex. 19 hereto), reported that, in the February/March 2007 time frame, she was entering grades into the SAC High database system per Mr. Johnson's instructions at the St. HOPE office at night, purportedly as part of her AmeriCorps service. [REDACTED] contacted Mr. Johnson to inform him that she had completed the grades and wanted him to review them. About 11:00 pm, Mr. Johnson arrived at St. HOPE and instructed [REDACTED] to gather her things and come with him. Mr. Johnson drove to [REDACTED] apartment, which is managed by St. HOPE Development and houses its AmeriCorps Members, purportedly so that they could review the students' grades. While in [REDACTED], in which another AmeriCorps Member had a separate bedroom, Mr, Johnson laid down on [REDACTED's] bed, [REDACTED] sat on the edge of the bed to show him the grades, at which time Mr. Johnson "layed down behind me, cupping his body around mine like the letter C. After about 2-3 minutes or so, I felt his hand on my left side where my hip bone is." Further, although not detailed in her written statement, [REDACTED], during the interview, demonstrated, while explaining, that Mr. Johnson's hand went under her untucked shirt and moved until his hand was on her hip. [REDACTED] immediately got up and stated she was done and left the room. When she returned, Mr. Johnson was still in her bed, but now apparently sleeping. Only after [REDACTED] sought to take a blanket to sleep elsewhere did Mr. Johnson exit to the living room of the apartment. [REDACTED] related that Mr. Johnson slept on the couch in her apartment living room that night and subsequently left the apartment at approximately 6 a.m. the next day.

After, as [REDACTED] put it, she "got the courage to tell... my supervisors," she reported the incident, which, she was informed, was communicated to St. HOPE Academy's Human Resources Department and the Chief Financial Officer. The night after [REDACTED] made her report, Mr. Johnson approached her and apologized. Subsequently, Kevin Hiestand, Johnson's personal attorney, met with [REDACTED], described himself only "as a friend of Johnson," and "basically asked me to keep quiet." Also, about one week after this incident, when [REDACTED] told Mr. Johnson she was going to quit because of financial and family reasons, Mr. Johnson "offered to give me $1,000 a month until the end of the program," stating that it would be confidential "between him and I." As [REDACTED] related that conversation, Mr. Johnson "said all he needed was my savings account number," he would make the deposit and "no one needed to know about it." [REDACTED] did not accept this offer by giving Mr. Johnson her account number.

Another former Member, [REDACTED] (Ex. 20 hereto), reported that, while attending a St. HOPE sponsored trip to Harlem, NY, from June 26 to July 16, 2006, Mr. Johnson, on three occasions, "brushed [her] leg with his hand," including once "flip[ingj up the edge of her skirt. Other times, she stated, Mr. Johnson kissed her cheek, brushed up against her as he walked past, and massaged her shoulders. ([REDACTED] reported another incident that occurred in Sacramento, CA, in which Mr. Johnson touched [REDACTED's] inner thigh with his hand while enroute to a restaurant. [REDACTED] said she did not report the incidents to AmeriCorps officials at that time because she feared she would be terminated from the program and because Mr. Johnson was assisting her in obtaining acceptance into the United States Military Academy, where she subsequently enrolled.

In addition, former SAC High teacher Mr. Erik Jones (Ex. 12 hereto) reported that a former AmeriCorps Member, [REDACTED], reported to him, sometime in 2007, that, while at SAC High, Mr. Johnson had inappropriately touched her. Mr. Jones stated that [REDACTED] had reported that Mr. Johnson started massaging her shoulders and then reached over and touched her breasts. (Attempts to interview [REDACTED] have been so far unsuccessful.) Mr. Jones related that, after he reported this incident to St. HOPE Academy officials, he was contacted by Mr. Hiestand, Mr. Johnson's attorney, but who identified himself solely as St. HOPE'S counsel, and stated he was conducting an internal investigation. Mr. Hiestand told Mr. Jones that [REDACTED's] "story" was different from Mr, Jones' and told Mr. Jones to change his "story" and then go back to work. Mr. Jones, realizing what he was being asked to do, elected to resign as a teacher and left SAC High.

Photo by Darrow Montgomery

City Desk is not printing names just yet. We've contacted several allegedly dismissed employees but have not yet received direct confirmation from them.

When asked if the Web site has laid off employees, Washington Post spokesperson Kris Coratti responded with this statement: "As part of the work we’re doing to turn around the business that supports our journalism, there were a small number of individual positions eliminated as a result of efficiencies we have found through our new structure and through new technology, and those have taken place both in print and online."

A top Post official cautioned against using the term "layoff" to describe reductions at washingtonpost.com, insisting that any dismissals are "targeted" at duplication of work between the Web site and the newsroom.

Washingtonpost.com is part of Washingtonpost.Newsweek Interactive, the Post Co.'s online publishing subsidiary. The site's employees and those of the main newsroom are in the middle of a merger operation that promises to end more than a decade of separation. Since washingtonpost.com launched in 1996, it has been located in Arlington, the better to allow it to explore the possibilities of the Internet unburdened by newsroom curmudgeonliness.

There's a labor dimension to all this as well. Putting washingtonpost.com in Arlington saved Post officials the hassle of dealing with a union for its Web site workers. Now that the merged operation will be located in D.C., any dot-com staffers who make the move are possible card-carrying union members.

Though the divide helped to incubate a fine Web site, this is 2009: No longer can a media company afford to have its limbs scattered about the region. The parallel operations on opposite sides of the Potomac River did indeed spawn some duplication of functions, and the Post these days is all about zeroing out redundancies.

However, it's unclear at this point whether the dismissals now afoot at washingtonpost.com all fall into the efficiency-reaping category. More reporting must be done. Stay tuned.

Listeners are urged, "Bring your best 'Beat Dallas!' sign and you can win a six pack of club seats!"

I can't wait to see how high the "Worst Owner Ever!" banner will place.

***

Moderators at Dan Snyder's message board, extremeskins.com, no doubt emboldened by the see-no-evil clause their boss invoked while banning signs from FedExField, have a type-no-insult policy in place.

Posters on the site have been warned not to say anything negative about the team in a thread announcing a send-off that's being organized from Redskins Park for the Dallas game.

The warning:

"Be advised: This is not an opinion or debate thread. Please do not use this thread to verbally attack, make fun of, laugh at, or otherwise belittle any of the participating members or Redskins players/coaches/staff or owner. To do so will result in a mandatory ban."

(AFTER THE JUMP: Why would Dan Snyder sanction such censorship? Why is Slate so mean to Sandra Bullock? Why didn't the Redskins draft Michael Oher? Why did John Riggins jump on Joe Theismann when Joe Theismann's leg was broken? Did you just say John Riggins jumped on Joe Theismann when Joe Theismann's leg was broken?)

Before this season, these send-off announcements were posted regularly on Snyder's site. But, the gathering memos were stopped because they only inspired fans to tell the owner just how much they loathe him in follow-up posts.

The situation Snyder has created in this market is unlike anything in all of professional sports.

I've said it before, and I believe it: Even if the Redskins go on a miracle streak and win the Super Bowl this season, when Snyder holds up the Lombardi Trophy at the victory rally, he will be booed.

***

In his Slate review of "The Blind Side," the feature film based on the life of Baltimore Ravens' rookie Michael Oher, friend and hero Josh Levin treats Sandra Bullock as Lawrence Taylor did Joe Theismann.

I only used that simile so I'd have an easy segue into this: I haven't seen "The Blind Side," but I'm told it opens with a clip of one of the most famous plays in Redskins history -- Taylor playing wishbone with Theismann's leg in that 1986 "Monday Night Football" game.

Looking at the gruesome clip this morning, I noticed for the first time that John Riggins for some reason jumps on top of the pile with Theismann and his newly restructured leg at the bottom. Riggins had tossed the ball back to Theismann just before Taylor hit him during the flea-flicker gone wrong.

Perhaps that's why Theismann went after Riggins so hard last week after Riggo piled on Dan Snyder. Or maybe it's because Theismann is employed by Snyder.

In any case, Theismann never played another down of football. But, he lived to talk about it and everything else...a lot. If he was a horse, Theismann would have had a curtain around him within a minute and there'd be one less sportstalk host in the DC market.

***

Story tips? Wanna Play the Feud? Tube amps for sale? Send to: cheapseats@washingtoncitypaper.com

IN CASE YOU MISSED IT---"Sullivan to Nickles: 'You're Playing Games With The Wrong Judge'"; "Ximena Hartsock Headed to Youth Trust?"; "Pershing Park Case: Patterson Hopes District Has Learned Its Lesson"; tweets galore!

Greetings all. A congressional report connects Michelle Rhee to unsavory personal accusations involving her now-fiance, Sacramento Mayor Kevin Johnson. KJ has been accused of sexual misconduct with young women, and Examiner columnist Byron York writes that Rhee, while serving on the board of Johnson's St. Hope nonprofit, 'learned of the allegations and played the role of a fixer, doing "damage control"' for Johnson. A former St. Hope employee says 'that Rhee told her that "she was making this her number one priority, and she would take care of the situation." A short time later, the employee learned that the girl who had complained about Johnson had received a visit from Johnson's personal attorney.' Allegations against Johnson and St. Hope were first leveled by AmeriCorps' inspector general, who referred the matter to federal prosecutors in California. The L.A. Times reports that Rhee had 'several conversations' with the IG 'in which she made the case for Johnson and the school he ran in Sacramento...[saying] he was "a good guy."' As part of a settlement with St. Hope, the sexual misconduct allegations were not addressed, and the IG was fired by the Obama administration in June. The LAT story notes that Rhee's 'role in the incident may have repercussions among city officials in Washington, where she has developed the profile of a contentious and controversial schools chief.'

AFTER THE JUMP---WaPo ed board calls for probe of Gray allegations; ex-official's name appears in court docs filed in taxi bribery case; Fenty's swim habits spark Wilson pool controversy; council, Catholics explore compromise; DISB changes birth-control policy for insurers; Fenty airplane pitch leads to possible move for Bethesda company; report says UDC should spin off community college

The WaPo editorial board digs into Vincent Gray's recent bad press, saying that an 'independent look' into allegations of improper fundraising and questionable home repairs 'would serve the interests of both Mr. Gray and the city.' With regard to his home, 'questions remain,' they write. 'Was it appropriate for a company that gets millions of dollars in D.C. government business to get involved in a project of this nature? Was there any connection between Mr. Gray's payment and the inquiries by' a WaTimes reporter? 'Mr. Gray suggested that politics...is what's at play. He would do better to clear up any questions by insisting that the city's inspector general, or some other independent body, review the transaction. Likewise, the revelations about Comcast---which Mr. Gray acknowledged should have been handled differently---make it increasingly clear that either the Office of the Attorney General or the Office of Campaign Finance needs to get to the bottom of how the D.C. Democratic State Party handled its funds and fundraising last year.'

INCIDENTALLY---Peter Nickles says he sees nothing untoward about Gray's home renovations, done by a subsidiary of William C. Smith & Co., the megadeveloper: 'There's no indication of quid pro quo, except innuendo....It's just a bunch of isolated facts put together.'

At long last, the name of former Taxicab Commission chair Causton Toney surfaces in court documents, Del Wilber reports in WaPo, as part of an affidavit filed in support of a warrant to search his house. According to prosecutors' allegations, Toney 'participated in a long-running bribery scheme that sought his influence to obtain lucrative taxi licenses,' though he has not yet been charged and his lawyer denies any wrongdoing. The FBI has phone calls where Toney appears to have knowledge of and participate in the scheme whereby cab company owner Yitbarek Syume attempted to bribe current DCTC chair Leon Swain to obtain company licenses ahead of an anticipated moratorium. At one point, Swain asks Toney where his bribe money is. Replies Toney: 'Okay...I didn't know what was going on. I didn't even know that was going on at all....I'll just tell him to get his act together.' Toney's name had earlier appeared on FBI audiotapes played in court.

ALSO---More on Ted Loza's alleged misdealings: Warrants indicate he was pulled into the investigation through 'intercepted conversations' with Abdulaziz Kamus, whom he is alleged to have taken bribes from. 'In a November 2007 phone call, Loza asked Kamus whether he could "raise a little money for us to go on this trip" to El Salvador. The next day, Kamus handed Loza $500 for the trip, the FBI alleged. By the next year, the FBI said, Kamus had arranged for Loza to accept about $3,500 for a trip to Ethiopia from an undercover FBI agent posing as a taxi investor, the court papers say....In the court papers, an agent wrote that a District-based advertising firm, Prisma Communications, paid for Graham to fly to El Salvador last year. Graham said that he knew a company had financed the trip but that it had no business with the city. He has denied any wrongdoing. "I am not a target of this investigation," he said Thursday.'

Another exercise-related controversy for Mayor Adrian M. Fenty: Per the reporting of WRC-TV's Tom Sherwood, users of the spanking-new Wilson Aquatic Center (particularly Wilson HS swim team parents) are 'grousing that the pool too often is not configured for the team's 25-meter practices and contests. Instead, there are only eight lanes that each are 50 meters. The parents say that the longer lanes were there because Mayor Adrian Fenty---a triathlete---wanted the long lanes for his training and those of other triathletes.' Fenty 'didn't directly answer whether he wanted the long lanes [but] said the pool is big enough for compromise so all swimmers can be accommodated during any week.' DPR is coming up with a new lane schedule.

Speaking of the Democratic State Committee and handling of its funds, D.C. Wire airs more evidence of the internal dissension that's plagued the party organ for months. Jeff Richardson, Stein Club president and DCDSC member, sent an e-mail yesterday to Lenwood Johnson and Philip Pannell asking them to cool their ongoing requests for federal investigations into DCDSC finances. He wrote: 'In light of today's press in the Post and the CityPaper and given the direction this investigation is going with the intense response by the D.C. Republican Party, I am personally requesting that you both consider delaying your action to allow DCDSC members to hear your specific concerns with the hopes of outlining a plan of action to address your specific concerns without further public embarrassment to the D.C. Democratic Party and D.C. Democrats.' Johnson said he already sent a letter to the U.S. attorney; Pannell sent the e-mail to the press.

Petula Dvorak writes in her WaPo column that while the retail opportunities may have changed, some things in Columbia Heights have stayed the same. Such as the violence that recently claimed 9-year-old Oscar Fuentes. 'The kids standing around with tattoo girl rolled their eyes and laughed at me when I asked whether they were surprised by the shooting and whether it's made them more frightened to be out. "Where are you gonna hide? Kid got shot in his place. With his family right there," a teenage boy with peach fuzz on his chin said....They are pretty blind to the optimism that a billion-dollar commercial development along this stretch brought to adults.' WUSA-TV explores similar themes.

ALSO---'On Thursday, as Oscar's family was preparing his funeral arrangements and kids stayed away from the playground, the Prince of Petworth blog posted a reader's complaints about the neighborhood...."I ordered latté and it was a disaster...."'

Has a new spirit of compromise come to city legislators and local Catholic leaders? Tim Craig reports in WaPo that councilmembers and Eleanor Holmes Norton are 'reaching out to the Catholic Archdiocese of Washington to see whether they can find a compromise so the Church will not end its social services contracts.' Church leaders have met with Vincent Gray, and Norton has spoken with Archbishop Donald Wuerl. One possible compromise broached by the council is to extend health benefits to another member of an employee's household without specifying 'spouse' or other such language; similiar arrangements are used by Georgetown University and in San Francisco. ADW spox Susan Gibbs says 'archdiocese officials were happy that city leaders were "finally responding," but she said she was not sure the proposal alleviates the Church's concerns.'

WBJ's Jonathan O'Connell identifies the business that the Fenty administration wants to hand a major tax break: It's CoStar, 'a global leader in commercial real estate data.' The deal went down this way, according to its CEO: 'Fenty, sitting next to him on a flight back from a shopping center convention in Las Vegas last May, gave Florance a sterling pitch to move the company's offices from Bethesda. When Florance brought up the difference in taxes, the mayor said, "We could try to solve that problem for you." Fenty kept his word. In October, he proposed a tax abatement for CoStar worth an estimated $7 million over a 10-year period, provided the company sign a five-year lease in D.C. and maintain at least 250 employees there.' A complication is that the CoStar tax abatement is intertwined with a Urban Institute tax deal that's now on hold.

In another WBJ report, O'Connell looks at the $5M TIF deal that brought a West Elm furniture store to the Woodies building in 2007. The revenues from that deal are reportedly not meeting expectations. 'Many retailers, particularly those linked to home sales, have not fared well in the housing bust and long recession, which could be hurting the 37,500-square-foot store.' In the big picture, things are fine, CFO says: 'In fiscal 2008, the city took in $30.2 million from TIF-related sales and property tax revenue and is required to spend only about $9.7 million meeting the associated obligations.'

ALSO IN WBJ---DDOT's Gabe Klein talks streetcars and more; hotel investments start to rebound; coverage of whether 2050 regional plan is realistic; WaPo online workers unionize.

New report urges UDC's new community college to go it alone in order to 'be embraced as "credible and legitimate" by a business community that has lost faith in UDC,' Daniel de Vise reports in WaPo. The report, commissioned by D.C. Appleseed and the Brookings Institution, essentially argues that the community college should 'focus on remediation, needed by more than 70 percent of students who entered the old UDC' so that the 'university, largely pruned of remedial students, can focus on raising the graduation rate.' UDC leaders aren't buying that total separation is necessary: 'What's more important, they said, is to produce results that will win over skeptics.' They 'endorse a separate administration for the community college, but not necessarily an independent board.'

Faced with uproar, Metro decides to delay SmartBenefits changes for a year. 'The revisions were supposed to take effect Jan. 1. But Metro officials said Thursday that after hearing from commuters and employers, who also complained that the proposed changes were confusing and announced too late, they decided to push back implementation to give employers more time to figure out how they will administer the plan,' Lena Sun writes in WaPo. 'Metro officials said Thursday that the one-year delay might allow them to speed up the timetable for other SmarTrip improvements that have been repeatedly postponed.' Also Examiner.

ALSO---Metro opens its arm to Tri-State Oversight Board's track inspectors, WaPo reports, requiring 'all agency employees Thursday to cooperate fully with the transit system's safety oversight body and executives to notify the board before denying a request from the group.' The board also 'called on the localities that fund Metro to provide more resources for the Tri-State Oversight Committee and urged the federal government to institute "robust" safety regulation and oversight of transit.' Also Examiner, WTOP.

Harry Jaffe is glad to report that a federal jury has 'absolved' MPD Detective Kevin McConnell 'of violating the rights of a man he shot in self-defense, in the line of duty' as part of a civil case concerning a 2007 scuffle outside a Skyland carryout. 'The question is, will the victory in federal court persuade D.C.'s police department to stop trying to kick him off the force?...McConnell was scheduled to come before the MPD's Trial Board this week to defend himself against termination. The federal case forced a postponement. McConnell deserves a medal, not a slap-down. "Maybe," he says, "somebody will do the right thing." Somebody, like Chief Cathy Lanier.' (Incidentally: Jaffe, in his story, refers to the good detective as 'Mike McConnell' even after he properly called him Kevin McConnell in a June story.)

Arrest made in the cold-blooded killing of Petworth shopkeeper Rufina Hernandez. Police yesterday afternoon apprehended Andres Lopez, 45, near Fourth and Kennedy Streets NW. WaPo reports that Police Chief Cathy Lanier 'said Lopez had been arrested previously in the area near the store. She declined to say whether Lopez was the suspected shooter or whether the gun used in the slaying was found. The search for a second suspect continues, and Lanier sought further help from neighborhood residents.' Also NC8, WRC-TV, WTTG-TV.

Blogger reports that Insurance Commissioner Gennet Purcell has ruled that coverage of birth control by health insurers is no longer mandatory. 'Under Purcell's watch, private insurance companies operating in Washington DC are now allowed to opt out of covering contraception in individual plans. This coverage is considered "non-mandatory" by the insurance commissioner and some women are finding their birth control coverage suddenly dropped.' An online petition has been started.

HERE WE GO AGAIN?---Jonetta Rose Barras reports in her online column that Jack Evans is pledging to reintroduce civil gang injunction legislation after the Fuentes murder. '"I intend to introduce it as stand alone legislation," Evans said, adding that he also is working with the Office of the U.S. Attorney on another bill. He declined to provide details, however. Evans said the spate of murders in the city demand the council take strong and immediate action.'

Bill Turque with a D.C. Wire post on the cognitive dissonance between Rhee's recent comments to a WSJ panel ('collaboration and consensus building are quite frankly overrated in my mind') and her inclusion in a Tom Brokaw-hosted 'Characters Unite National Town Hall'---'a national town hall to search for common ground on complex social issues.' Turque adds: 'To be completely fair, her point is that too much collaboration and consensus building can lead to paralysis when trying to transform troubled institutions such as DCPS.'

Also from Turque: Watkins Security, which was kicked out of D.C. schools 'after an inspector general's report found that it was overpriced, underqualified, ineffective and employed some guards with criminal records,' is back at DCPS schools as a subcontractor for U.S. Security Associates, one of the firms hired to take over from Hawk One. Says Watkins exec: 'I don't want to get into opening old wounds....I don't need any adverse publicity. I want to go about my business.'

More unconfirmed rumblings from Candi Peterson that DCPS continues to hire teachers. She writes: 'I have received emails confirming sightings of new 'teacher hires' beginning the second week of November, only a month after the notices of layoffs were given to 388 DC teachers and school staff.'

WaPo's Ian Shapira examines the burdens of being a liberal trust-funder in this town, including a look at some who gather for 'a kind of group therapy session about their families' wealth....They are young people who have inherited or stand to inherit big money, and they are spending their post-college years living modestly and working to address the needs of the poor, hungry and politically disadvantaged. But the privilege they grew up with and the money coming their way nag at them in ways few people not in their position can fathom.'

THE BLADE REBORN---The D.C. Agenda, successor publication to the Washington Blade, is now live on the Web. Writes editor Kevin Naff: 'The former staff of the Washington Blade remains united and DC Agenda represents our effort at continuing the important mission and work of the Blade. It will grow and evolve to include a much larger and more diverse group of voices. But the core of the Washington Blade's work remains unchanged. We will cover Congress, the White House, the LGBT rights movement, the D.C. marriage fight, local hate crimes and other political issues important to the LGBT residents of the city.'

WAMU-FM's Kavitha Cardoza covers city's cuts to child-care subsidies for low-income D.C. parents. 'Fahim Shabazz says he has a four and five year old who attend St. Philip's Child Care Center in South East D.C. He says his costs jumped from less than 10 dollars a week to more than 110 dollars for each child. And Shabazz says he doesn't know what to do. "Should the day care bills be paid or should the house bills be paid?"' Also NC8.

Mother says her 9-year-old quadriplegic daughter was stabbed on DCPS school bus en route to St. Coletta's School, NC8 reports. 'Her mother says the bus driver called her and told her what happened. "She said the little girl that cut Nadja is 17 years old and they attend the same school," said Rowe.' St. Coletta's says she cut herself; she remains hospitalized.

The new clerk for the District's federal court will be Angela Caesar. WaPo's Del Wilber reports that she 'will oversee a staff of 84 and an annual budget of about $10 million. She has worked in the office for 19 years and was deputy for administration before being given the top job.' ALSO IN WAPO BRIEFS---Saturday is adoption day for dozens of city foster children.

Want to know more about Georgetown U.'s 10-year campus plan? The Voice can help.

WaPo letter writer has kudos for city health officials for the H1N1 clinics. 'I want to commend the D.C. Department of Health for the planning, organization and human resources that went into this successful effort....Though most doctors and pharmacies in Washington have yet to receive their allotments of the H1N1 vaccine, I am pleased to say that the Health Department clinic offered a painless option for those who wish to be vaccinated now.' WUSA-TV reports that the clinics, now at rec centers rather than schools, are still quite crowded.

Urn filled with veteran's ashes still not found.

D.C.'s office vacancy rates likely to hit 15 percent before stabilizing, says Jones Lang LaSalle. 'Expected boosts in the federal budget will continue to cushion the D.C. office market and shift absorption back into positive territory in 2010. But the continued delivery of speculative construction projects in the area is expected to force vacancy rates further upward and keep leverage squarely with tenants, said JLL.'

D.C. Health Care Finance Agency cuts staff, WBJ reports: 'During the realignment, which took place Aug. 31, 79 separation letters were issued and 62 new positions were posted online for which its employees could apply. Of those 79, 47 were hired into new positions, seven retired, nine did not apply for any positions, and 16 applied and were not hired back, according to the department...."As the Department completed its transformation to a cabinet level agency, it was imperative for our organizational structure to mirror our mission," the department said in a statement.'

14th & R condo deal moves ahead.

To reduce backlog, D.C. Court of Appeals tries shortening oral arguments from 30 minutes a side to 15 minutes a side. ALSO in Legal Times: Lobbyist accuses NYT reporter Ian Urbina of conflict because his father is federal judge Ricardo Urbina, who ruled on case involving lobbyist's client.

WRC-TV covers Ray's the Steaks move to Ward 7 as part of Donatelli development at Minnesota and Benning. And organic market headed east of the river, to Pennsylvania Avenue development. ALSO: Attention Kelo activists: 'Mayor Adrian Fenty has proposed legislation that would allow the use of eminent domain to acquire property on the 2200-2500 blocks of Pennsylvania Ave. and the 2200-2400 blocks of Minnesota Ave. According to the legislation, on which the D.C. Council had a hearing today, eminent domain is needed because vacant buildings there are "obsolete, dilapidated, and deteriorated to the point of being nuisances to the community" and they "must be redeveloped in order to improve the safety and quality of life in the area and to attract businesses that are desired by nearby residents."'

Superior Court Judge William Jackson, who presides over the family division, gets 3-Minute Interviewed by Examiner.

'Spotlight On: Michelle Fenty'

Read Alice Rivlin's testimony in support of District budget autonomy.

WTOP's Mark Segraves tags along on Coast Guard training mission.

Tommy Wells and residents ponder how to make ballpark area livable-walkable. Also: Ward 6 to get 'new bike racks, wayfinding signs, large map kiosks at Metro stations, a heritage trail connecting Barracks Row and the ballpark neighborhood.'

Cyber-bullying at charter school!

Video of Jack Evans on a bike (plus Fenty and Klein), courtesy of WRC-TV. Borderstan has more.

D.C. COUNCIL TODAY---10 a.m.: Committee on Public Safety and the Judiciary hearing on 'Hate Crimes in the District of Columbia and Police Response to Reports of Hate Crimes,' JAWB 500; 11:30 a.m.: Committee of the Whole roundtable on 'Implementation of an Independent Community College in the District of Columbia,' JAWB 412; 1:30 p.m.: Committee on Public Services and Consumer Affairs roundtable on PR18-579 ('People's Counsel Vicky Beasley Confirmation Resolution of 2009'), JAWB 120; 2 p.m.: Committee on Health roundtable on 'The Performance of HIV/AIDS, Hepatitis, STD, and Tuberculosis Administration,' JAWB 123.

ADRIAN FENTY TODAY---10:45 a.m.: remarks, Eastern SHS modernization groundbreaking, 1700 East Capitol St. NE.

California's crusading for tougher vehicle emission rules is often credited with raising the bar for a new national auto emissions standard. Will the same be true for TVs? Or will the ban just ruin some people's enjoyment of big-screen rituals such as Super Bowl Sunday?

For walkers, this week was bad luck
While crossing the street, two were struck
Sure, fate is capricious
But why not delicious?
Heck yes, I'd get hit by this truck

It sure seems that Metro's bemoaning
The change that had riders all groaning
With kiosks outmoded
Make fares auto-loaded
Not yet, though, 'cause Catoe's postponing

I'm sad to see Cephas depart
For with him, that man takes my heart
He's clearly an ass
But lovably crass
In my book, bad taste is an art

When casting your vote in the booth
Just think of Graham's bowtie (so couth!)
Whatever you ponder
Don't let your mind wander
To thoughts of cabs, bribes, or that youth

As poet, I feel obligated
To highlight things classic (or dated?)
And yet, here's my screed:
Screw biking in tweed
That whole thing seemed way overrated...

One word: Oprah! The "queen of daytime television" will announce today she's ending her show in 2011. This is huge! Now, in case you're a little slow, let me connect the dots and tell you what's really going on here. Just this week, Sarah Palin goes on Oprah to plug her book Going Rogue even while insisting that 2012 is "not on my radar screen right now," which is what all candidates for president have to say in 2009. Oprah is all charming, as usual, and gets her biggest audience in two years! Then, just a few days later, Oprah announces that she will be leaving her show after 25 years to "start her own cable channel." Coincidence? This could really only mean one thing: Palin-Winfrey 2012! You heard it here first.

I'm sure there are skeptics out there. Yeah, Oprah endorsed Barack Obama during last year's campaign. But whatever. Remember how she didn't go out and stump for him, except, like, once? It's obvious now that this is because she is a secret political admirer of Sarah Palin. And Michelle Obama knows it (see picture).

Also, put yourself in Palin's place. Who else would you pick to be your vice presidential running mate? John McCain? He's too old, and he obviously held her back last time. Mitt Romney? Not until he changes his hair, and that doesn't seem imminent. I suppose Todd, the ex-First Dude, is a possibility. Sarah does say in her book that "God and Todd" got her where she is today, and it's not like she can put God on the ticket. Anyway, Oprah makes total sense.

In other news, NASA has confirmed that the world is not ending, at least not on Dec. 21, 2012.

Just in time for Thanksgiving, there is a shortage of canned pumpkin.

Two-thirds of American Santas are fat—and they want a swine flu shot.

Happy Friday! And catch up with me on Twitter!

Photo by woohoo120, Creative Commons Attribution License

On November 17, U.S. District Court Judge Emmet Sullivan confronted AG Peter Nickles on his recent attempts to bar witnesses from being deposed and for general feet dragging in the Pershing Park cases  [PDF].

Sullivan ordered depositions to take place. He then stated that there would be serious penalties levied against the District if it failed to cooperate:

"If any depositions are canceled, I'm going to start imposing fines of $1,000 per day for any depositions that the City sua sponte cancels, and I will impose additional sanctions as well. But that Hustler deposition will take place in this courthouse and be under the supervision of a magistrate judge and there will be marshals present as well. I'm not going to play games."

With that, Sullivan turned to the attorney general: "Mr. Nickles, you're playing games with the wrong judge....I'm telling you, you're playing games with the wrong judge."

Nickles responded with a vague defense that his wide-ranging protection orders and stall tactics were "justifiable." He then couldn't help but jab plaintiffs attorney Jonathan Turley:

"The manner in which Mr. Turley continues both to play in the press and before the judge the personalization of this matter---I have brought in a team of very good lawyers who are seeking appropriately to present reasonable arguments."

Sullivan did not buy Nickles' defense. He replied:

"I didn't put any limitations on discovery, and I'm very concerned about what's taken place over the last several years. I'm very concerned that arguably there's been noncompliance with court orders. Has it been willful? I don't know, but we're going to find out."

Sullivan raised the idea that the U.S. Attorney's Office may have to get involved. If evidence has indeed been destroyed, he stated that he would refer the matter to the U.S. Attorney' s Office or the Department of Justice for a criminal investigation. "I'm not playing games with this," Sullivan said again.

Nickles told the court that Judge Stanley Sporkin would be filing a report that would address the missing evidence. He made clear that the report would be made public.

Still, Nickles couldn't help but complain about the press coverage of this case. He stated to Sullivan: "Counsel and particularly in the Chang case [that means Turley] have waged a war in the press about the District's conduct. That is not appropriate."

Sullivan wasn't buying this. "It's not that they waged a war in the papers," he told Nickles. "They filed pleadings. They filed pleadings, and the press is going to pick up on the pleadings, and the press is going to pick up on your own statements."

With that, Nickles went into full crybaby mode: "It's more than pleadings. Indeed, you could hear counsel for Chang talk from this very rostrum, Mr. Nickles didn't do this; Mr. Nickles didn't do that; Mr. Nickles is deceiving the court; Mr. Nickles is not complying with his declaration. That is not appropriate conduct by counsel."

OAG attorney Monique Pressley stepped in to complain about... Washington City Paper:

"With respect to the releases to the press, actually counsel's e-mails---my e-mails have been released to the City Paper and were part of a blog."

Sullivan wasn't too interested in all this.  He reiterated that the plaintiffs lawyers were entitled to discovery and then added a new twist: the District would be entitled to "zero discovery." "Your discovery is over," he added.

The soon-to-be-ex-director of the city parks and recreation department might have been rejected by the D.C. Council, but Mayor Adrian M. Fenty has made no bones about declaring Hartsock to be a model municipal administrator deserving of continued government employment.

And yet, the confirmation battle has soured relations between Hartsock and several councilmembers, making any appointment to a council-confirmed post a futile exercise. But a solution may exist.

The rumblings are this: Hartsock's next stop in municipal government is likely to be as chief executive of the Children and Youth Investment Trust Corp. That is a quasi-governmental nonprofit that partners public and private entities to fund and oversee various youth programs. Crucially, the president/CEO post is appointed solely by the nonprofit's board.

Fenty last year asserted control over the body by ousting several high-powered board members and replacing them with close allies. After the power move, the board selected Millicent Williams, who had been Fenty's volunteerism head, as chief executive.

Williams departed late last month to take over the Homeland Security and Emergency Management Agency; she's been replaced on an interim basis by longtime CYITC exec Ellen London.

The move would play to Hartsock's strengths---CYITC's focus is more purely on out-of-school youth programs (which was Hartsock's job as a top official for the D.C. Public Schools) than DPR's---while avoiding her political Achilles' heel.

Then again, perhaps not. Ward 5 Councilmember Harry Thomas Jr. tells LL that a Hartsock appointment "would lead to a tough funding situation" for businesses that partner with the CYTIC. "Funders would look at the controversy around her, and they would perceive her as not having the most positive relationship with the council," he says. (The agency's budget is overseen by Ward 6 Councilmember Tommy Wells, who voted for Hartsock's confirmation.)

Thomas, for the record, put in a good word for London: "Why doesn't this administration, instead of shuffling people around, look at people who have experience, who have worked at these agencies, and who have done good work?"

Hartsock's spokesperson had no comment on the matter. London tells LL she's heard nothing from board members except that a search would be undertaken. One board member tells LL that the Hartsock move is rumored but that the mayor has yet to pass any names to the board.

Few fought harder to get at the truth of what led to Pershing Park than the former D.C. councilmember. Seven years later, Det. Paul Hustler comes forward to say out loud what a lot of people knew: Ramsey was directly responsible for Pershing Park. What did Patterson think?

Patterson responded to Hustler's affidavit with an e-mail. "I'd like to see the District settle," she wrote. "I'd like to have some assurance of lessons learned."

Patterson went on to write that Hustler isn't the only cop who has come forward with a critique of the Pershing Park mass arrests.

She wrote:

"In the course of our investigation of the wrongful arrests in 2002 and the preemptive actions in 2000 we learned about a lot of things done wrong.  But we also identified quite a few MPD officers and officials who tried to do the the right thing -- who tried to do their jobs correctly, respecting the rights of DC residents. We also reviewed the after action reports by several officials who risked their own careers by raising concerns with the actions of MPD leaders in and around Pershing Park. We highlighted the internal investigative report, and the fact that the original report was critical of MPD actions -- before it was sanitized by the leadership, a step that violated MPD policies and best practices on internal reviews. We obviously knew of Chief Ramsey's role in the arrests based on our depositions and his own testimony so I am not surprised by the newly-released deposition, nor do I know why anyone would seek to supress it!"

To answer that question, I called Peter Nickles. Multiple times. He has yet to respond to my calls nor my e-mails seeking comment.

Ramsey has refused to comment as well. One of his press people up in Philly responded to my interview request this way:

"Police Commissioner Ramsey is well aware of the accusation. However he has no comment at this time."