Marion Barry Wields a Weapon of Mass Obstruction on the D.C. Council.

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Tuesday, January 27, 2009

WITH HIS indiscriminate use of a legislative prerogative to hold up the awarding of District contracts, D.C. Council member Marion Barry (D-Ward 8) so far hasn't accomplished anything beyond annoying some of his colleagues on the council and irking Mayor Adrian M. Fenty (D). But there is potential for more serious harm. The council ought to put an end to his mischief.

At issue is Mr. Barry's filing of disapproval resolutions. Traditionally, council members have invoked this power rarely, to hold up the ill-considered or otherwise questionable use of public money. Contracts over $1 million are submitted to the council for review and, after 10 days, are considered approved unless a member objects. If there is such an objection, contracts are delayed for an additional 35 days unless the disapproval resolution is lifted or a full vote on it is taken by the council.

The device is an important check on executive power, but it has become an unfocused weapon in Mr. Barry's hands. As City Paper reported, during all of Mayor Anthony A. Williams's second term, a total of 30 disapprovals were filed. Two years into Mr. Fenty's term, Mr. Barry has filed about 100. They have delayed contracts for needed school repairs, mental health services and building the reviewing stands for the inaugural parade. Last year, the District came dangerously close to losing basic health coverage for more than 20,000 city workers because of one of Mr. Barry's resolutions; Attorney General Peter Nickles and Council Chairman Vincent C. Gray (D) had to intervene.

Mr. Barry, a former mayor, denies that he is trying to jam up a mayor whom he sees as an upstart. He told us that Mr. Fenty is not giving the council enough time to review contracts and therefore that he's protecting the District's interests. But Mr. Barry's holds have accomplished virtually nothing. As council member Jack Evans (D-Ward 2) wrote to Mr. Gray in a rare note of protest when Mr. Barry delayed work on a new library in Shaw, "It is outrageous that Councilmember Barry has done this action without the slightest bit of consultation with me or consideration for the needs and wants of my constituents, nor has he articulated any concerns about this specific contract to me."

The council should revise its rules to require, as used to be the case, the disapproval of more than one council member. Unless, of course, it thinks Mr. Barry should still be calling the shots in D.C. government.


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