August 13, 2010
Dear Chairman Gray:
This is a reminder that your response to my Freedom of Information Act request is overdue. The District of Columbia Freedom of Information Act requires a response to FOIA requests within 15 working days, and it has been 19 working days since I filed my request regarding Councilmember Jack Evans. (My FOIA request is copied below.)
Please note that Kathy Williams, general counsel of the Office of Campaign Finance, has responded to my initial FOIA request to that office by informing me that Mr. Evans has not filed a statement with OCF explaining his June 2009 recusal from voting on legislation pertaining to the Marriott International Convention Center hotel. Kenneth McGhie, general counsel for the Board of Elections and Ethics, has not yet responded to my similar FOIA request to that agency. His response, like yours, is four working days overdue.
As I noted in my original request, D.C. law and regulations require that when a council member recuses himself because of the appearance of, or actual, conflict of interest, he must file a written statement explaining the recusal with your office, the OCF and the BOEE.
As I also noted in my FOIA request to you, if such a statement was not provided to you by Mr. Evans, I would ask that you take the appropriate, prompt steps to obtain such a statement from Mr. Evans and, once it is in hand, to provide me with a copy of it under the D.C. Freedom of Information Act.
I would further note that council members and the council chairman have a special obligation to see to it that laws pertaining to themselves as council members are obeyed. If Mr. Evans has failed to comply with the law with respect to his recusal and subsequent nonrecusal on the convention center hotel matter, then it is your obligation as chairman to see that he does comply.
I await your timely response. Thank you.