GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF ADMINISTRATIVE...

One Judiciary Square, 441 Fourth Street, NW, Washington, DC 20001-2714 • (202) 442-9094 (P) (202) 442-4789 (F)

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 20004

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, 2011. 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 FY10 Overtime/

Bonus FY11 Salary

Mary Oates Walker Chief ALJ

(01/10-Present) $ 150,000 $ 0 $ 150,000

Tyrone Butler Chief ALJ

(through 12/09) $ 150,000 $ 0 N/A

Yohance Fuller Executive Director and

Clerk of Court (01/11-Present)

N/A $ 0 $ 138,550

Committee on Public Safety and the Judiciary

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Bonus FY11 Salary

Sherri Beatty-Arthur Executive Director and

Clerk of Court (06/10 -12/10)

$ 138,550 $ 0 $ 138,550

Mark Poindexter Deputy Chief ALJ $ 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 ALJ $ 133,000 $ 0 $ 133,000

Louis Burnett Principal ALJ $ 133,000 $ 0 $ 133,000

Jennifer Long Principal ALJ $ 133,000 $ 0 $ 133,000

Ann Yahner Principal ALJ $ 133,000 $ 0 $ 133,000

William England Principal ALJ $ 133,000 $ 0 $ 133,000

Claudia Crichlow Principal ALJ (through 09/10)

$ 133,000 $ 0 $ 129,325

Samuel McClendon Principal ALJ $ 133,000 $ 0 $ 133,000

Paul Handy ALJ $ 129,325 $ 0 $ 129,325

Calonette McDonald ALJ $ 129,325 $ 0 $ 129,325

Denise Wilson-Taylor ALJ $ 129,325 $ 0 $ 129,325

Robert Sharkey ALJ $ 129,325 $ 0 $ 129,325

James Harmon ALJ $ 129,325 $ 0 $ 129,325

E. Savannah Little ALJ $ 129,325 $ 0 $ 129,325

Steven Wellner ALJ $ 129,325 $ 0 $ 129,325

Caryn Hines ALJ $ 129,325 $ 0 $ 129,325

Jesse Goode ALJ $ 129,325 $ 0 $ 129,325

Claudia Barber ALJ $ 129,325 $ 0 $ 129,325

Audrey Jenkins ALJ $ 129,325 $ 0 $ 129,325

Wanda Tucker ALJ $ 129,325 $ 0 $ 129,325

Mary Masulla ALJ $ 129,325 $ 0 $ 129,325

Joan Davenport ALJ $ 129,325 $ 0 $ 129,325

Scott Harvey ALJ $ 129,325 $ 0 $ 129,325

Nicholas Cobbs ALJ $ 129,325 $ 0 $ 129,325

Sharon Goodie ALJ $ 129,325 $ 0 $ 129,325

John Rooney ALJ $ 129,325 $ 0 $ 129,325

Arabella Teal ALJ $ 129,325 $ 0 $ 129,325

Erika Pierson ALJ $ 129,325 $ 0 $ 129,325

Margaret Mangan ALJ $ 129,325 $ 0 $ 129,325


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Bonus FY11 Salary

Elizabeth Figueroa ALJ $ 129,325 $ 0 $ 129,325

Beverly Nash ALJ $ 129,325 $ 0 $ 129,325

4. 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 2012.

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).


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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 $0 $0

Sherri Beatty-Arthur $2,500/$10,000 N/A $8,677 $6,989

Maryann Carroll $2,500/$10,000 N/A N/A $1,749

10. (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 ALJ Critical Contact N/A $675 $200

Tyrone Butler Chief ALJ

(through 12/09) Critical Contact $1,052 $253 N/A

Mark Poindexter Deputy Chief ALJ Critical Contact $1,052 $703 $200

John Dean Principal ALJ Critical Contact $1,052 $703 $200

Beverly Rivers General Counsel

(through 09/10) Critical Contact $985 $703 N/A

Janet Mahon Principal ALJ (through 10/09)

Critical Contact $276 N/A N/A

Louis Burnett Principal ALJ Critical Contact N/A $703 $200

Jennifer Long Principal ALJ Critical Contact $985 $703 $200

Ann Yahner Principal ALJ Critical Contact N/A $675 $200

Darrell Donnelly Clerk of Court


Michael Williams Executive Director

(through 12/09) Critical Contact $1,052 $253 N/A

LaKisha Hill Supervisory Legal

Assistant (through 10/10)

Critical Contact $985 $703 $50

Marc McLaughlin Program Analyst


Phillip Fauci Information

Technology Critical Contact $985 $703 $200

Cynthia Stevenson Human Resources Critical Contact N/A $603 N/A


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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 Executive Director

and Clerk of Court (through 12/10)

Critical Contact N/A $200 $150

Yohance Fuller Executive Director

and Clerk of Court Critical Contact N/A N/A $50

William England Principal ALJ Critical Contact N/A $350 $200

Karim Marshall Capital City Fellow Critical Contact N/A N/A $100

Samuel McClendon Principal ALJ 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.

(b) Please list all vehicle accidents involving your agency’s vehicles for fiscal years

2009, 2010, and thus far in 2011. 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.

None.


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12. 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 ALJs 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 §§ 2-1831.03(a)(4) and 2-1831.09(a)(1). It is OAH policy to allow ALJs 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 ALJ $400 National Judicial College

Margaret Mangan ALJ $400 National Judicial College

Elizabeth Figueroa ALJ $400 National Judicial College

Claudia Barber ALJ $400 National Association of Women Judges

(NAWJ) Annual Conference

Joan Davenport ALJ $400 ABA Advanced Mediation

Janet Mahon Principal ALJ $905 ABA Mid-Year Meeting

Tyrone Butler Chief ALJ $0

(self-financed) ABA Mid-Year Meeting

Beverly Rivers General Counsel $780

National Bar Association

Judicial Council & Board of Governors

Mid-Winter Meeting

Jennifer Long Principal ALJ $488 National Bar Association


Janet Mahon Principal ALJ $0

(self-financed) National Bar Association


Lou Burnett ALJ $301 National Judicial College

Beverly Nash ALJ $400 NAWJ Conference

Robert Sharkey ALJ $400 American Bar Assn. Chicago

Denise Wilson-Taylor ALJ $186 National Assn. of Administrative Law

Judiciary (NAALJ) Conference

James Harmon ALJ $800

($400 donated by

ALJ McDonald)

National Judicial College

E. Savannah Little ALJ $400 LAWriters Training

John Dean Principal ALJ $377 Central Panel Directors Conference

Mark Poindexter Deputy Chief ALJ $0

(self-financed) Central Panel Directors Conference


(scholarship) National Judicial College

Faculty Training

Tyrone Butler Chief ALJ $0

(self-financed) Central Panel Directors Conference


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Expenditure


Justification


(self-financed/

reimbursed)

National Judicial College

Faculty Training

Nicholas Cobbs ALJ $0

(self-financed/

partial scholarship) NAALJ Conference

Beverly Nash ALJ $0

(self-financed) NAWJ Conference

Beverly Nash ALJ $0

(self-financed/

partially reimbursed) NAALJ Conference

Audrey Jenkins ALJ $0

(self-financed) NAALJ Conference

Margaret Mangan ALJ $0


Claudia Barber ALJ $0


Joan Davenport ALJ $0



(self-financed) ABA Mid-year Conference

Beverly Rivers General Counsel $0


E. Savannah Little ALJ $0


E. Savannah Little ALJ $0

(self-financed) ABA Mediation Training

Caryn Hines ALJ $0

(self-financed) National Judicial College

Jennifer Long ALJ $0

(self-financed)

National Bar Association

Judicial Council & Board of

Governors

Jennifer Long PALJ $0

(self-financed) National Bar Association

International (Ghana)

Beverly Nash ALJ $0

(self-financed) International Association of

Women Judges (Korea)

Beverly Nash ALJ $0



(self-financed) National Assoc. of Workers Comp

Judiciary College

Erika Pierson ALJ $0

(self-financed) Advanced Administrative Law

Savannah Little ALJ $0

(self-financed) ABA Annual Meeting


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Expenditure (through 2/1/11)


Justification

Paul Handy ALJ $0

(self-financed) NAALJ Conference-CA

Margaret Mangan ALJ $0

(self-financed) NAWJ Conference-CA

Beverly Nash ALJ $0


Beverly Nash ALJ $0


Ann Yahner Principal ALJ $0

(self-financed) Unemployment Insurance Directors

Conference

Mary Masulla ALJ $0


Nicholas Cobbs ALJ $0


Louis Burnett Principal ALJ $0


Savannah Little ALJ $0




Claudia Barber ALJ $0

(self-financed) 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 10/12/11

14. 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.


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15. 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 2012.

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 swing-

space on the 10th

floor of One Judiciary Square (OJS), pending the build-out of our consolidated

court facility on the 4th

floor of OJS. Construction proceeded in two phases as a result of the

need to relocate and design new facilities for the current 4th

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 2011.

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.


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►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 on-

site 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


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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 2010. 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


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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 442-9099.

Very truly yours,

Mary Oates Walker

Chief Administrative Law Judge

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