GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE HEARINGS

Transcription

1 GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE HEARINGS February 10, 2011 By Electronic Mail and First Class Mail The Honorable Phil Mendelson Chairman, Committee on Public Safety and the Judiciary 1350 Pennsylvania Avenue, NW Washington, DC Dear Councilmember Mendelson: In response to your letter of January 20, 2011, I am providing responses to the questions you posed in connection with the Judiciary Committee s upcoming oversight hearing on the Office of Administrative Hearings. 1. Please provide, as an attachment to your answers, a current organizational chart for the agency with the number of vacant and filled FTE s marked on each box. Include the names of all senior personnel, if applicable. Also include the effective date on the chart. Please see the attached OAH organization chart (effective February 2011). 2. Please provide, as an attachment, a Schedule A for the agency, which identifies all employees by title/position, current salaries, fringe benefits, and program office, as of January 15, This Schedule A should also indicate any vacant positions in the agency. Please do not include social security numbers. Please see the attached OAH Schedule A (effective January 15, 2011). 3. For fiscal year 2010 and fiscal year 2011, please list each employee whose salary was/is $110,000 or more. Provide the name, position title, and salary. For fiscal year 2010, also state the amount of all overtime and bonus pay for each employee on the list. Name Position Title FY10 Salary Mary Oates Walker Tyrone Butler Yohance Fuller Chief (01/10-Present) Chief (through 12/09) Executive Director and Clerk of Court (01/11-Present) FY10 Overtime/ Bonus FY11 Salary $ 150,000 $ 0 $ 150,000 $ 150,000 $ 0 N/A N/A $ 0 $ 138,550 One Judiciary Square, 441 Fourth Street, NW, Washington, DC (202) (P) (202) (F)

2 Committee on Public Safety and the Judiciary February 10, 2011 Page 2 of 12 Name Position Title FY10 Salary Sherri Beatty-Arthur Executive Director and Clerk of Court (06/10-12/10) FY10 Overtime/ Bonus FY11 Salary $ 138,550 $ 0 $ 138,550 Mark Poindexter Deputy Chief $ 138,550 $ 0 $ 138,550 Kiyo Oden General Counsel (10/10-Present) N/A $ 0 $ 120,000 Beverly Rivers General Counsel (through 09/10) $ 110,000 $ 0 N/A John Dean Principal $ 133,000 $ 0 $ 133,000 Louis Burnett Principal $ 133,000 $ 0 $ 133,000 Jennifer Long Principal $ 133,000 $ 0 $ 133,000 Ann Yahner Principal $ 133,000 $ 0 $ 133,000 William England Principal $ 133,000 $ 0 $ 133,000 Claudia Crichlow Principal $ 133,000 $ 0 $ 129,325 (through 09/10) Samuel McClendon Principal $ 133,000 $ 0 $ 133,000 Paul Handy $ 129,325 $ 0 $ 129,325 Calonette McDonald $ 129,325 $ 0 $ 129,325 Denise Wilson-Taylor $ 129,325 $ 0 $ 129,325 Robert Sharkey $ 129,325 $ 0 $ 129,325 James Harmon $ 129,325 $ 0 $ 129,325 E. Savannah Little $ 129,325 $ 0 $ 129,325 Steven Wellner $ 129,325 $ 0 $ 129,325 Caryn Hines $ 129,325 $ 0 $ 129,325 Jesse Goode $ 129,325 $ 0 $ 129,325 Claudia Barber $ 129,325 $ 0 $ 129,325 Audrey Jenkins $ 129,325 $ 0 $ 129,325 Wanda Tucker $ 129,325 $ 0 $ 129,325 Mary Masulla $ 129,325 $ 0 $ 129,325 Joan Davenport $ 129,325 $ 0 $ 129,325 Scott Harvey $ 129,325 $ 0 $ 129,325 Nicholas Cobbs $ 129,325 $ 0 $ 129,325 Sharon Goodie $ 129,325 $ 0 $ 129,325 John Rooney $ 129,325 $ 0 $ 129,325 Arabella Teal $ 129,325 $ 0 $ 129,325 Erika Pierson $ 129,325 $ 0 $ 129,325 Margaret Mangan $ 129,325 $ 0 $ 129,325

3 Committee on Public Safety and the Judiciary February 10, 2011 Page 3 of 12 Name Position Title FY10 Salary FY10 Overtime/ Bonus FY11 Salary Elizabeth Figueroa $ 129,325 $ 0 $ 129,325 Beverly Nash $ 129,325 $ 0 $ 129, In order to help the Committee to understand agency needs, and the cost of those needs, for your agency, please provide as an attachment to your answers all budget enhancement requests (sometimes called Form B ) submitted by your agency to the Mayor or CFO in preparation of the budgets for Fiscal years 2008, 2009, 2010, 2011, and Please see the attached enhancement requests. 5. Please list every reprogramming in fiscal year 2010 and fiscal year 2011 to date of funds into and out of the agency. Include a bottom line the revised, final budget for your agency. For each reprogramming, list the date, the amount, the rationale, and the reprogramming number. None. 6. Please list each grant or sub-grant received by your agency in fiscal year 2010 and FY 2011 to date. List the date, amount, and purpose of the grant or sub-grant received. None. 7. Please list all currently open capital projects for the agency. Include a brief description of each, the total estimated costs, current expenditures, the start and completion dates, and the current status of the project. Also indicate which projects are experiencing delays. None. 8. Please list all pending lawsuits that name the agency as a party. Please identify which cases on the list are lawsuits that potentially expose the city to significant liability in terms of money and/or change in practices. For those identified, please include an explanation about the issues for each case and the extent of the city s liability (note: we are not asking for your judgment as to the city s liability; rather, we are asking about the extent of the claim). None. 9. Please list the following information in table format regarding the agency s use of SmartPay (credit) cards for agency purchases: individuals (by name) authorized to use the cards in fiscal years 2009, 2010 and 2011 to date; purchase limits (per person, per day, etc.); total spent in fiscal years 2009, 2010, and 2011 to date utilizing these cards (by person and for the agency).

4 Committee on Public Safety and the Judiciary February 10, 2011 Page 4 of 12 Name Purchase Limit: Daily / Monthly FY09 FY10 FY11 (through 2/1/11) Michael Williams $2,500/$10,000 $8,000 Closed Closed Darrell Donnelly $2,500/$10,000 $32,438 $10,585 Closed Tyrone Butler $2,500/$10,000 $3,000 Closed Closed Paul Handy $2,500/$10,000 $10,074 Sherri Beatty-Arthur $2,500/$10,000 N/A $8,677 $6,989 Maryann Carroll $2,500/$10,000 N/A N/A $1, (a) In table format, please provide the following information for fiscal years 2009, 2010, and thus far in 2011, regarding your agency s use of cellular phones and mobile devices: individuals (by name and title/position) authorized to carry and use such devices; total expense (FY) for each individual s use; justification for such use (per person). Name Position Justification FY09 FY10 FY11 (through 2/1/11) Mary Oates Walker Chief Critical Contact N/A $675 $200 Tyrone Butler Chief (through 12/09) Critical Contact $1,052 $253 N/A Mark Poindexter Deputy Chief Critical Contact $1,052 $703 $200 John Dean Principal Critical Contact $1,052 $703 $200 Beverly Rivers Janet Mahon General Counsel (through 09/10) Principal (through 10/09) Critical Contact $985 $703 N/A Critical Contact $276 N/A N/A Louis Burnett Principal Critical Contact N/A $703 $200 Jennifer Long Principal Critical Contact $985 $703 $200 Ann Yahner Principal Critical Contact N/A $675 $200 Darrell Donnelly Michael Williams LaKisha Hill Marc McLaughlin Phillip Fauci Clerk of Court (through 7/10) Executive Director (through 12/09) Supervisory Legal Assistant (through 10/10) Program Analyst (through 07/10) Information Technology Critical Contact $985 $603 N/A Critical Contact $1,052 $253 N/A Critical Contact $985 $703 $50 Critical Contact $985 $603 N/A Critical Contact $985 $703 $200 Cynthia Stevenson Human Resources Critical Contact N/A $603 N/A

5 Committee on Public Safety and the Judiciary February 10, 2011 Page 5 of 12 Name Position Justification FY09 FY10 FY11 (through 2/1/11) Linda Bussey Lead Clerk Critical Contact N/A $453 N/A Tanya Brinkley Supervisory Legal Assistant Critical Contact N/A $404 $150 Starr Gantt Lead Clerk Critical Contact N/A $304 N/A Lonneshia Ross Lead Clerk Critical Contact N/A $204 N/A Brandon Weaver Clerk Critical Contact N/A $304 N/A Anthony Iwobi Fiscal Officer Critical Contact N/A $603 N/A Anita Dawson Executive Assistant Critical Contact $253 $453 N/A Sherri Beatty-Arthur Yohance Fuller Executive Director and Clerk of Court (through 12/10) Executive Director and Clerk of Court Critical Contact N/A $200 $150 Critical Contact N/A N/A $50 William England Principal Critical Contact N/A $350 $200 Karim Marshall Capital City Fellow Critical Contact N/A N/A $100 Samuel McClendon Principal Critical Contact N/A N/A $150 Kiyo Oden General Counsel Critical Contact N/A N/A $200 (b) How does your agency manage and limit its phone costs, including cellular phones and mobile devices? In April 2010, OAH reduced the number of cell phones from 20 to 12, which resulted in a savings of approximately $4,750. That number increased by 1 in FY11 because the agency acquired a Capital City Fellow to coordinate our Language Access Program. The added phone is used to coordinate schedules with interpreters, contractors and sister agency resources outside of normal business hours. 11. (a) Does your agency have/use a government vehicle? If so, for fiscal years 2009, 2010, and thus far in 2011, please list all vehicles. You may group the vehicles by category (e.g., 15 engines, 33 marked cruisers, three transport buses). Not applicable. None. (b) Please list all vehicle accidents involving your agency s vehicles for fiscal years 2009, 2010, and thus far in Provide: 1) a brief description of each accident; 2) the type of vehicle involved, 3) the justification for using such vehicle, and 4) the name and title/position of the driver involved.

6 Committee on Public Safety and the Judiciary February 10, 2011 Page 6 of In table format, please provide the following information for fiscal years 2009, 2010, and thus far for 2011 regarding your agency s authorization of employee travel: individuals (by name and title/position) authorized to travel outside the District; total expense for each trip (per person, per trip, etc.); and justification for the travel (per person). The OAH Act requires that s participate in continuing legal education opportunities for their professional development which, in turn, helps them better serve the District. See generally D.C. Official Code (a)(4) and (a)(1). It is OAH policy to allow s and other staff limited administrative leave for approved travel and training. In FY10 and FY11, no funding for training was available. Name Title FY09 Travel Expenditure Professional Development Justification Erika Pierson $400 National Judicial College Margaret Mangan $400 National Judicial College Elizabeth Figueroa $400 National Judicial College Claudia Barber $400 National Association of Women Judges (NAWJ) Annual Conference Joan Davenport $400 ABA Advanced Mediation Janet Mahon Principal $905 ABA Mid-Year Meeting Tyrone Butler Chief Beverly Rivers General Counsel $780 Jennifer Long Principal $488 Janet Mahon Principal ABA Mid-Year Meeting National Bar Association Judicial Council & Board of Governors Mid-Winter Meeting National Bar Association Judicial Council & Board of Governors National Bar Association Judicial Council & Board of Governors Lou Burnett $301 National Judicial College Beverly Nash $400 NAWJ Conference Robert Sharkey $400 American Bar Assn. Chicago Denise Wilson-Taylor $186 James Harmon $800 ($400 donated by McDonald) National Assn. of Administrative Law Judiciary (NA) Conference National Judicial College E. Savannah Little $400 LAWriters Training John Dean Principal $377 Central Panel Directors Conference Mark Poindexter Mark Poindexter Tyrone Butler Deputy Chief Deputy Chief Chief (scholarship) Central Panel Directors Conference National Judicial College Faculty Training Central Panel Directors Conference

7 Committee on Public Safety and the Judiciary February 10, 2011 Page 7 of 12 Name Title Mark Poindexter Deputy Chief Nicholas Cobbs Beverly Nash Beverly Nash Audrey Jenkins Margaret Mangan Claudia Barber Joan Davenport Joan Davenport Beverly Rivers General Counsel E. Savannah Little E. Savannah Little Caryn Hines Jennifer Long Jennifer Long P Beverly Nash Beverly Nash Mark Poindexter Deputy Chief Erika Pierson Savannah Little FY10 Travel Expenditure (self-financed/ reimbursed) (self-financed/ partial scholarship) (self-financed/ partially reimbursed) Professional Development Justification National Judicial College Faculty Training NA Conference NAWJ Conference NA Conference NA Conference NAWJ Conference NA Conference NA Conference ABA Mid-year Conference NA Conference NA Conference ABA Mediation Training National Judicial College National Bar Association Judicial Council & Board of Governors National Bar Association International (Ghana) International Association of Women Judges (Korea) NA Conference National Assoc. of Workers Comp Judiciary College Advanced Administrative Law ABA Annual Meeting

8 Committee on Public Safety and the Judiciary February 10, 2011 Page 8 of 12 Name Paul Handy Margaret Mangan Beverly Nash Beverly Nash Ann Yahner Mary Masulla Nicholas Cobbs Louis Burnett Savannah Little Joan Davenport Claudia Barber Title Principal Principal FY11 Travel Expenditure (through 2/1/11) Professional Development Justification NA Conference-CA NAWJ Conference-CA NA Conference NAWJ Conference Unemployment Insurance Directors Conference NA Conference NA Conference NA Conference NA Conference NA Conference Bar to Bench Conference 13. Please provide the current number of contract personnel and term personnel within your agency. If your agency employs contract or term personnel, please provide, in table format, the name of each employee, position title, the length of their term or contract, and the date on which their term expires. Name Title Term Expiration Date Maryann Carroll Program Analyst 13 months 09/28/11 Lura Johnson Information Receptionist 12 months 06/21/11 Rodney Coffer Legal Assistant 13 months 11/24/11 Tyrell Lane Legal Assistant 13 months 11/11/11 Arlette Harris Law Clerk 12 months 10/12/11 Jessica Sinkfield Law Clerk 12 months 10/12/ Please provide, as an attachment, a copy of your agency s annual performance plan as submitted to the Office of the City Administrator. Please see the attached FY10 performance plan.

9 Committee on Public Safety and the Judiciary February 10, 2011 Page 9 of What are your top five priorities for the agency? Please provide a detailed explanation for how the agency expects to achieve or work towards these priorities in fiscal years 2011 and The top five priorities for OAH are as follows: 1) Addressing operations needs for the new consolidated court facility; 2) Improving Access to Justice; 3) Creating better efficiencies in case management and processing; 4) Expanding the OAH mediation program; and 5) Developing OAH personnel and expanding recruitment methodologies for interns and volunteer staff. Operations Needs in Consolidated Space In March 2010, DRES relocated OAH s offices at 825 and 941 North Capitol Street to swingspace on the 10 th floor of One Judiciary Square (OJS), pending the build-out of our consolidated court facility on the 4 th floor of OJS. Construction proceeded in two phases as a result of the need to relocate and design new facilities for the current 4 th floor tenant. Phase 1 of the construction project for OAH s consolidated space is now almost complete. Phase 1 consists of 11 Hearing Rooms, 30 Private Offices, 34 Workstations, 4 Conference Rooms, a Cashier and a Resource Center focusing on the Access to Justice needs of self-represented litigants (please see below). Phase 2 of the project is scheduled to be completed in July Phase 2 houses the remaining 10 Hearing Rooms and 15 Private Offices. So as to minimize the disruption to OAH s operations and the impact on the public, DRES has agreed to consolidate OAH s operations upon the completion of Phase 2. OAH s current operations model is largely a product of our having had multiple office locations over the years, with each location specializing in certain jurisdictions. A consolidated hearing facility permits greater opportunities for staff to become proficient in many, if not all jurisdictions adjudicated at OAH. We have already begun the necessary cross-training to ready judicial and non-judicial staff for this shift, most notably conducting training sessions in Department of Public Works cases and the OAH revised procedural rules for all staff. In FY11 and FY12 we will continue these cross-training modules to ensure staff are prepared to support multiple jurisdictions. The consolidated hearing facility will also result in more efficient operations. The relocation to consolidated space presents opportunities with regard to operations issues such as information technology integration, library resources, mail processing and distribution, cashiering, and case scheduling. To address these issues, we are reviewing best practices in other court systems, soliciting stakeholder input, and convening strategic planning sessions with all levels of staff for input. We expect these efforts to continue through FY12 as OAH adjusts to its new operational framework, and makes adjustments accordingly.

10 Committee on Public Safety and the Judiciary February 10, 2011 Page 10 of 12 Access to Justice With the assistance of our stakeholders, OAH has made significant progress in addressing the Access to Justice needs of the public in FY10 and in FY11 to date. Examples include: Collaborating with more than 40 stakeholders in undertaking a complete revision of the OAH Procedural Rules to make the rules more understandable and user-friendly; With the assistance of this Committee, hiring in-person Spanish Interpreters who are onsite 2 days per week, as well as networking through The Language Doctors and the DC Office of Disability Rights to have on-site interpreters for other languages, including American Sign Language, as needed; Through the OAH Pro Bono Committee and our Capital City Fellow, coordinating the development of fact sheets and brochures for the OAH Resource Center as well as recruiting volunteer staff to assist self-represented litigants; Working with the DC Office of Cable Television to develop videos on what to expect at an OAH hearing and how to prepare for hearings. These videos will be available on OAH s website and in the OAH Resource Center; and Launching a new OAH website format this spring that will include writable forms and published decisions in each jurisdiction. OAH will continue developing these initiatives in FY11 and FY12, with special emphasis on ensuring that the new OAH Resource Center is fully-staffed and operational, and provides helpful and appropriate guidance to self-represented litigants and others in need of information about OAH. Through regular meetings and information exchanges, we will continue to work closely with the Access to Justice Commission, Legal Aid Society and others who have already provided invaluable insight into the needs of the self-represented. Case Management and Processing Eliminating our backlog and continuing to reduce case cycle times is a top priority for OAH. Approximately 26,000 new cases were filed with OAH in FY10. The enforcement agencies have advised OAH to expect substantial increases in FY11, particularly in illegal construction, vacant property registration and SWEEP cases. We have begun to see increases in those areas. Despite historical shortages in support staff and significant increases in case filings over the past few years, OAH aggressively reduced its backlog this past year. Our new case management system, which was implemented in 1QFY10, provides for better case tracking and reporting. Based on this information, we launched Operation Clean Slate in 2QFY10. The goal of Operation Clean Slate was to eliminate by the end of Fiscal Year 2010 all pending cases filed though March, 2010 that were ready for a final decision. The Operation Clean Slate initiative was a great success. From June 2010 through January 2011, OAH reduced its open and pending cases by approximately 14,800 cases, or 82%. OAH expects

11 Committee on Public Safety and the Judiciary February 10, 2011 Page 11 of 12 to resolve most of the remaining cases in large groupings through consolidated hearings and mediation within the next quarter. We also expect to launch as a pilot in FY11 the process of generating bench orders in certain cases with common fact-patterns, e.g., where a party bearing the burden of proof fails to appear; or where a party amends its plea from Deny to Admit with Explanation. Rather than issuing and serving a decision after the Administrative Law Judge leaves the bench, bench orders would be generated immediately at the conclusion of the hearing. Parties found to be liable could then take that order to the OAH Cashier s office and immediately make payment. Such a process should significantly reduce case cycle and payment time, as well as allow judges more time to write those decisions which are not suitable for a bench order. Coordinating the personnel, information technology and financial regulatory components for the bench order initiative is a top priority for OAH in FY11 and FY12. Mediation Increasing the use of alternative dispute resolution as an efficient way of resolving cases is another priority for OAH in FY11, FY12 and beyond. OAH opened its new Mediation Center in August The Mediation Center is located on the 7th floor of OJS, and has conference and break-out facilities for participants. The revised OAH Procedural Rules now permit directed mediation in all jurisdictions, so we anticipate an increase in the use of mediation. Towards that end, the OAH Mediation Committee is developing forms and other resources to make the mediation process an efficient alternative to a full evidentiary hearing. In the quarter since the opening of the Mediation Center, OAH quintupled its case resolution rate, from 1.8% to 10.4%, due to mediation. In addition, OAH has been in discussions with the DC Department of Insurance, Securities and Banking to offer any assistance DISB may need with regard to conducting mediations under the District s 2010 Saving Homes from Foreclosure legislation. Our continued efforts in this area for FY11 and FY12 include ensuring that the Mediation Center has adequate staffing and equipment for the increased usage. In addition, we will be redoubling our efforts to partner with sources for outside mediation services so that this mediation initiative in no way detracts from our core mission of fair and efficient adjudication. OAH Personnel Development and Expanding Recruitment Although funding is no longer available, developing and training our staff for all of the initiatives outlined above remains a top priority for FY11 and FY12. Towards that end, we have instituted regular training sessions for support staff on such topics as the OAH procedural rules, addressing language access issues, and distinguishing between assistance with procedures and legal advice. For our judges and legal staff, we have conducted a day-long presentation on legal writing and making decisions understandable; held cross-training modules in Department of Public Works cases; as well as organized an OAH Lecture Series on important legal issues of the day. In addition, the OAH Recruiting Committee continues to develop networks with law schools in the District and across the country for term and summer legal intern assistance. Much of the

12 Committee on Public Safety and the Judiciary February 10, 2011 Page 12 of 12 progress OAH made in clearing its backlog this summer is directly attributable to intern assistance. Recruiting other volunteer assistance, including lawyers, for staffing the OAH Resource Center as well as assisting in the retention of representation for litigants who are unable to afford counsel is also a top priority for FY11 and FY12. Building upon and expanding OAH s current networks among its public and private stakeholders will be a key component in addressing this priority. If you have any questions or need additional information, please do not hesitate to contact me at Very truly yours, Mary Oates Walker Chief Administrative Law Judge Attachments

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28