James McLeod, DC Council candidate, Ward 2

James McLeod

Democrat, Ward 2

Candidate's letter to Councilmember Lightfoot on CCRB

Response to GLAA 1996 Questionnaire
for DC Council Candidates

1. Do you support legal recognition of marriages between persons of the same-sex?

A. Yes, but only after extensive public hearings, so that this issue is better understood by residents of Ward 2. Residents' concerns about the possible impact of recognition of same sex marriages on their strongly held concept of traditionally man-woman only marriages must be expressed and addressed for there to be an understanding of this issue.

2. Will you oppose efforts by Congress or other parties to stop the District of Columbia from recognizing same-sex marriages performed in Hawaii or other places?

A. Yes. As a Ward 2 Council Member and strong supporter of DC self-determination, I will oppose any effort by Congress to stop this jurisdiction from recognizing same-sex marriages or exercising self-determination in any other manner.

3. Do you oppose efforts by Congress or other parties to outlaw or restrict adoptions by unmarried couples in the District of Columbia?

A. Yes. If two loving adults meet the standards for adopting a child and are willing to accept the responsibility of raising a child, I believe they should not be prevented from doing so simply because they are members of the same sex.

4. If Congress ever repeals the D.C. Health Care Benefits Expansion Act of 1992 that established the registration of domestic partnerships, will you vote to reenact the same law?

A. Yes.

5. Do you support the re-establishment of the Office of Human Rights as an independent, Cabinet-level agency whose Director has direct access to the Mayor?

A. I do. I see the perceived virtue of having the two subjects (Human Rights and Minority Business Development) merged, but the anticipated synergy appears to have been lost in a back log of human right complaints. Experience argues for separating these subjects.

6. Do you agree that the Boy Scouts of America is violating the D.C. Human Rights Law's ban on discrimination on the basis of sexual orientation by excluding gays from participating either as scouts or as leaders?

A. Yes.

7. Will you vote to repeal the Armstrong Amendment, which allows religiously-affiliated private educational institutions in the District to discriminate against student clubs that promote equal rights for lesbians and gay men?

A. Yes. Again, Congress needs to stay out of such District affairs.

8. Will you oppose efforts by Congress or other parties to abolish or restrict the right of our public school students to form clubs that promote greater understanding between gays and others?

A. Yes.

9. Do you support the designation of a third party to act as a fiscal agent for the distribution of federal AIDS money, such as the system recently adopted by the Financial Control Board?

A. As your question suggests, deficiencies in federal funds management were reported in the D.C. Comprehensive Annual Financial Report (CAFR) for the Year Ended September 30, 1995. As a member of the City Council, I would like to help change the way the D.C. government handles both city funds and federal funds so that citizens' trust is restored in their government. But until those measures are in place, I would support the designation of a third party to act as a fiscal agent for the distribution of federal AIDS money. We can do it right, and when the proper measures are in place, we will if there is a need for the city to get involved with the distribution of these funds.

10. Do you agree that our own elected officials, past and present, bear much of the responsibility for the District's current financial plight because of their reluctance to make tough budgetary decisions, to establish priorities, and to demand maximum efficiency and productivity (rather than political loyalty) from all District government agencies and workers?

A. Yes. Many treat their job as part time, and find excuses for accepting [sic] responsibility -- blaming problems on the Mayor or the Control Board. A Council Member must be held accountable to the residents he or she represents. But the Council does vote on the budget and can use that power and the appointment process to influence District agencies. I come to this process fresh, without allegiance to anyone except Ward 2 residents.

As for maximum efficiency and productivity, we need to set goals and measure progress toward these goals. I would insist that city agencies create quality assurance programs. This would focus workers and managers' attention and measure how well they are doing, allowing me to make proper budget and appointment decisions. I would combined [sic] this [line missing] residents and others know their elected officials are closely monitoring D.C. government agencies. This will take us a long way too, toward getting Congress to help the city with costs unjustly imposed on D.C. (e.g., unfunded pension of former federal employees), which some incumbents throw out as a reason why the District government isn't working right.

11. Do you support the condom availability programs that have been established in the District's public schools and prisons?

A. Yes.

12. Will you support legislation that will establish an effective civilian complaint review system for our Metropolitan Police Department?

A. Yes. Before the Civilian Complaint Review Board (CCRB) was terminated, I became familiar with some of the problems that made it much less effective than it should have been. (See attached Sept. 20, 1995 letter to Council Member Lightfoot). As a criminal defense attorney, I would seek reports filed on police officers who were witnesses in my cases. There needs to be civilian checks on the police. I would introduce legislation to create a civilian agency to handle complaints of police misconduct. This agency must be properly funded to avoid problems encountered by the CCRB.

13. Do you support sensitivity and community relations training for all elements of our public safety system (police, fire department, etc.) that includes strong recognition's of gay and lesbian community concerns, so that the District will never again tolerate the kind of insensitivity and incompetence reflected in the Fire Department's handling of the Tyra Hunter case?

A. Yes. Just as the City's mismanagement of federal funds costs lives, so too can deaths be caused by public safety personnel who do not provide live saving services based on prejudices allowed to exist in a void of education on Ward 2 residents who are also members of the gya and lesbian community. Education is liberating, and can be life saving.

14. Do you oppose legislation or initiatives that would authorize organized prayers in our public schools, thereby encouraging the harassment of individuals who choose not to participate?

A. Yes.

15. Do you oppose efforts to abolish or drastically curtail the powers of our elected Board of Education?

A. Yes. I believe the people will vote out those Board Members who do not live up to their responsibilities.

PS: I haven't been able to locate the law school newspaper article I wrote on a forum entitled "Should Vermont Ratify the D.C. Voting Rights Amendment." I organized this forum in the early 80's; Senator Patrick Leahy was a key speaker. I would note that Vermont later became one of the 15 states that ratified the amendment.


September 20, 1995

The Honorable William P. Lightfoot
Chairman of the Judiciary Committee
D.C. City Council
John Wilson Building
1350 Pennsylvania Avenue, NW
Washington, D.C. 20004

Dear Chairman:

Thank you for your June 13, 1995 letter regarding your committee's June 29th Public Hearing on Civilian Involvement Reviewing Complaints against Police Officers. I appreciate your notifying me. It's my understanding that the hearing was well attended.

I'm not an expert on how other jurisdictions handle such matters, but as a general principle, I would recommend that a degree of accountability be incorporated into whatever system is set up to replace the CCRB. To this end, I would make the names and badge numbers of all MPD officers known to the public. This would make it easier for city residents to identify members of the MPD who they believe have violated the trust placed in them by the City or are otherwise abusing their power. Also, I would make it known to the public where they should look on a police cruiser for an identifying number -- they seem to be behind the rear side windows. If a citizen did not see a badge number, they could use this vehicle number to attempt to identify the officer or officers involved in an incident.

I would envision such information being published in local newspapers and that ANC officials maintain updated lists for the police district, and vice or other divisions, covering their neighborhood. Also, ANC officials should be educated as to the procedures the MPD sets up to handle complaints. Residents should be encouraged to call their ANC officers if they fear repercussions from filing a complaint themselves or are unhappy with the response they receive.

As an attorney who represents persons accused of crimes, I am aware of how easy it is to charge someone with wrongdoing. Due process must be incorporated to protect officers wrongly accused. But this due process should not hinder complaints. Some of my clients charged with crimes report police misconduct to me. While the charge is pending, I recommend that they not make any statements to the CCRB out of concern that such statements might be used against them at trial. This will continue to be my recommendation, unless defendents are given immunity for statements they make in complaints against police officers -- the immunity being that their statements in the complaint may not be used against them in the pending matter. If a complaint is delayed for a year or more, much wrongdoing may go unchecked. Thank you for your consideration of these accountability and defendent immunity recommendations.

Sincerely,

James E. McLeod