"'If Cora Barry gets her corporate papers together, then we will determine if she can play a role in the future plans of the city' said Fenty spokeswoman Erica Stanley early Wednesday.

However, Mafara Hobson, Fenty's director of communications, called a short time later to say that Stanley's comments did not accurately describe the administration's position.

'While we can't comment on leasing or contracting issues, the administration appreciated the contribution and partnership of Cora Masters Barry over the years,' Hobson said. 'We will work hard to find ways to continue working with her going forward.'

Whatever the Barry-Fenty partnership may be, this reads like the administration is prepared to evict Barry from 701 Mississippi Avenue SE. What could the future work be?

IN CASE YOU MISSED IT—"Pershing Park Case: Now It's All About The Coverup; Nickles Faces Huge Test In U.S. District Court," and "Councilmember Cheh Calls For Nickles To Resign."

Morning all. LL has biked to Dewey Beach leaving me to takeover the LL Daily franchise for a week. LL was kind enough to e-mail me a handy rundown of what he does to fuel this beast. I am no LL. So please, take it easy on me. It's also August.

Mayor Fenty was involved in a car accident on Sunday evening. Thankfully, he wasn't driving his Le Car. Fox is reporting that "No injuries were reported in the crash on Broad Branch Road in northwest Washington. A spokeswoman for Fenty says he was behind the wheel of a sport utility vehicle when another vehicle apparently went through a stop sign and pulled in front of the mayor's SUV. There was minor damage to the vehicles." (WTOP has same).

Columbia Heights is again the focus of a potentially controversial shooting. WJLA is reporting that a Special Police Officer (i.e. a private security guard) shot and killed a resident during a confrontation on Friday night. WUSA9 is also on the story. The D.C. Police Department has issued more info on the shooting via a press release:

"At approximately 9:06 pm on Friday, July 31, 2009, officers from the Third District responded to the 1400 block of Girard Street, NW, to investigate the report of a shooting. Upon arrival they discovered an adult male lying in front of a building at that location suffering from an apparent gunshot wound. The victim was transported by personnel from the DC Fire and Emergency Medical Services Department to an area hospital where he was pronounced dead.

The decedent in this case has been identified as 31-year-old Michael Dwayne Parker of the 4000 block of Livingston Road, SE.

A preliminary investigation into this case indicates that the decedent may have been fatally shot at the above location during an alleged confrontation with a Special Police Officer employed by a private company. It must be noted that all of the circumstances surrounding this case remain under active investigation and that all facts will be subsequently presented to the United States Attorney’s Office for their review."

Last week, the D.C. Council gave its OK on that huge hotel development near the Convention Center. The Post offers a fine rundown of the development's lengthy backstory and its major selling point—that it may revive Shaw. Key graph: "The hotel, promised when the District broke ground on the convention center in 1998, will stretch more than 1 million square feet at Ninth Street and Massachusetts Avenue NW. It will rise 14 stories, a mix of modern glass and steel and brick dating to 1916 in a design that incorporates the old headquarters of the American Federation of Labor, a landmark building on the otherwise vacant property." Honestly, how many major projects does it take to develop Shaw? Not sure if a big shiny hotel is it.

The D.C. Council also voted to increase unemployment benefits (Washington Business Journal, WTOP , WJLA, NC8).

Hope and change remain the main narratives on the education front. The Post's Bill Turque breaks down the different groups taking over a number of District public schools this coming year. NYC's Friends of Bedford is set to takeover Coolidge and Dunbar. Friendship Public Charter Schools is taking over Anacostia High. Key graph: "Experts say one of the lessons learned is that starting a school from scratch is usually easier than taking control of an existing one, where political feuds, bureaucratic inertia and scar tissue from past reform attempts can make change difficult." And then there's this: "Friendship and Friends of Bedford will face that challenge at Anacostia, Dunbar and Coolidge. Although they have autonomy on matters of curriculum, instruction and teacher professional development, the schools' staff." Meanwhile, the Post reports that MOCO expanded its summer school programming.

AFTER THE JUMP: More Fedex Field controversy this time over this past Saturday's Paul McCartney show, an upcoming hearing is scheduled over the fire hydrant-water-flow issues, and so much more!

News Channel 8 reports that another Metro bus driver has been arrested. This time for driving on a suspended license: "Carletta Douglas was arrested Thursday in the District after a traffic accident. Douglas was driving a 92-line Metrobus on Good Hope Road near 25th Street SE when another vehicle hit her bus, police said. A Metro spokesman says 35 passengers were on the bus at the time. One passenger complained of neck pain was taken away by ambulance." This is not Douglas' first arrest: "Publicly available court records show Douglas was charged with second-degree assault in November 2001, nine months after she was hired at Metro. It's unclear how the case was resolved.... Thursday's arrest was the second in one week of a Metrobus operator. On Saturday, Michael Robinson, 41, was arrested on a kidnapping charge after he allegedly refused to allow a passenger to exit the bus."

There were huge issues getting into Saturday's Paul McCartney show at FedEx Field. WTOP reports: "Delays of over two hours forced the concert to start over an hour late so people could get into their seats. Zack Bolno, Executive Director of Communications for the Washington Redskins said the backup was because most people were only using one entrance and that four other entrances to the stadium were under-utilized. 'This was a new audience unfamiliar with the stadium.'"

The Washington Times has a nice puff piece on Legg Mason. Apparently, the tournament is stronger than ever in recruiting tennis' top tier talent.

FENTY TODAY: 2:00 pm
Remarks Hillcrest Play Courts Ribbon Cutting
Location: Hillcrest Play Courts & Recreation Center
3100 Denver Street, SE

3:15 pm
Remarks All Hands On Deck and National Night Out Announcement
Location: 18th and M Streets, NE

This morning in U.S. District Court, Judge Thomas F. Hogan took up the on-going legal battle over the District's Child and Family Services Agency. At issue was whether or not the agency could be held in contempt. Hogan devoted much of his consternation on the how the District went about picking Dr. Roque Gerald (pictured) to head up CFSA.

At the time of Dr. Gerald's selection, City Desk questioned whether the District violated Hogan's order. We wrote:

"Last fall, U.S. District Court Judge Thomas F. Hogan issued an order stipulating a series of directives. One of those stipulations involved the future selection of a permanent director at CFSA. On Tuesday, Fenty announced his selection of interim director Roque Gerald to take over in a permanent capacity. Hogan had stipulated that “the Court Monitor and Plaintiffs will be included in the selection process for the permanent Director.'...

The Plaintiffs–Children’s Rights–say they were never consulted during the selection process. “We were not included in the process and I think given the problems the agency has had over the last several years the choice of the director was critically important,” says Children’s Rights Executive Director Marcia Robinson Lowry. She adds that this violated the court order."

While Gerald has gotten high praise from child advocates and has definitively saved the agency from the fallout over the Jacks case, Hogan suggested today that the city had indeed violated his order. Hogan dubbed the city's following of his order a "blatant" failure. Maybe he too doesn't like Fenty's secretive m.o.

The bulk of the nearly two hour proceedings over the contempt motion did not center on Gerald's selection. Instead, Children's Rights and the city's attorneys debated whether or not CFSA had made significant progress in helping kids in care. No kids testified. It was all lawyers debating the whether or not the agency had cleared various benchmarks.

Children's Rights' Lowry showed charts proving that the agency had failed to meet the majority of those benchmarks which covered everything from staff training to placing kids in foster homes. She told the court that the agency had "not yet reached a level where they are protecting children."

Lowry provided a staggering timeline of accepted benchmarks and the agency's slow and often negligent response dating back several years. She stated that CFSA had only met 15 out of the 68 benchmarks. This was just a mere snapshot of the agency's problems which were detailed in a recent court monitor's report.

Lowry's testimony touched on the court monitor's findings that fewer and fewer kids are leaving the system through adoption. The monitor also reported that a huge number of children and youth are living in unlicensed foster homes or facilities.

"As of January 31, 2009, there were 1575 children in foster home placements. Of the 1574 children, 74 (5 percent) children were placed in foster homes that exceeded their licensed capacity. Additionally, there were 178 children placed in group homes as of January 31, 2009. Of the 178 children, 39 (22%) children were placed in group homes that exceeded their licensed capacity of 8 children...."

The monitor also reported that of the 1007 foster homes where children were placed, 10 percent of those homes did not have current and valid licenses. Prior to the hearing, Children's Rights had flagged other aspects of the monitor's report—chief among them was the agency's alleged overuse of group homes and residential treatment facilities as housing options for children in care as well as how quick the agency investigated neglect/abuse allegations.

Again, this was a short hearing. City Attorney Ellen Efros kept her points short. She emphasized that the agency had made progress but that the benchmarks were too old and too tough to actually meet. She argued that the standards are lower in other cities—in other words, why can't we just lower our standards? Efros, though, could not cite any other jurisdiction's standards.

At one point early on in Efros' testimony, Hogan interrupted her and sounded an exasperated note: "We've been at this since 1989."

Hogan was referring to the agency's rollercoaster history—the inception of the class-action case, subsequent receivership and bumpy road since the city agency shedded court oversight in 2003. Hogan did not at all seemed pleased with Efros' attempts to jettison benchmarks that didn't fit her theory of a fit agency and denounce other benchmarks as too harsh.

"It seems...oversight by the judiciary is important," Hogan later stated.

Still, Hogan declined to rule on the contempt motion. He says he is keeping it under consideration. The next hearing is set for July 20.

As he left the courtroom, Gerald had no comment.

Prior to the hearing, Lowry talked about the problems with the city warehousing kids. "The placement process in the District is extremely hit or miss," she said. "There is not a real effort to develop the kinds of resources that the kids need and certainly there’s a very slipshod process about where the kids should go. There’s no question, there are too few appropriate foster homes and too few foster homes all together."

Lowry says the city needs to invest in a real plan. "I don't think there's anything approaching long-term planning," she explains. "One thing that's so alarming about the course that they are now on—they don't have any long term plans for the agency and certainly their aspirations for the agency are very insufficient."

Yes. Gangs are scary. But D.C. has plenty of tools already on the books. The District does not need to go into civil court with these new crime-bill tools. The Feds have long used RICO to take gangs off street corners. They've been quite successful. RICO is scary, too. Gang leaders like Kevin Gray and Tommy Edelin have found that out. Death penalty cases are now part of D.C.

There are also already civil tools the city has used like nuisance property laws that can target crack houses and shut them down. The results have been mixed. Innocent families have been targeted based on flimsy evidence.

There are also plenty of stay-away orders issued every day in D.C. Superior Court. It's now almost automatic for drug-related defendants (dealers and users) to be given a stay-away order from the area in which they were busted. So I'm not sure that the proposed civil court weapons are necessary.

There are some great things in the crime bill particularly aimed at stalkers. But the gang stuff seems redundant and wrongheaded. These amount to quick fixes that aren't very imaginative. Gang laws are already on the books, police and residents just need to use them in consistent and just ways.