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City Council Chairman Vincent C. Gray
General Counsel to the Mayor Peter J. Nickles
Correspondence regarding nomination process for school chancellor
June 13-15, 2007

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Vincent Gray Peter Nickles

COUNCIL OF THE DISTRICT OF COLUMBIA
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20004

VINCENT C. GRAY, CHAIRMAN

June 13, 2007

Mayor Adrian M. Fenty 
Office of the Mayor for the District of Columbia 
Washington, D.C. 20004

Re: Nomination of Michelle A. Rhee for the position of Chancellor of the District of Columbia Public Schools

Dear Mayor Fenty,

I write to inquire about the process by which Ms.. Michelle A. Rhee was selected as your nominee for Chancellor of the District of Columbia Public Schools, a concern that is shared by many residents of the District of Columbia as evidenced by the myriad emails I have received on this subject today.

More specifically, as you know, section 105 of the District of Columbia Public Education Reform Amendment Act of 2007 requires the establishment of a review panel to consider the resumes of all individuals under consideration, and the convening of a meeting for the panel to present its recommendations. In relevant part, the legislation provides:

(b)(1) Prior to the selection of a nominee for Chancellor, the Mayor shall:

(A) Establish a review panel of teachers, including representatives of the Washington Teachers Union, parents, and students ("panel") to aid the Mayor in his or her selection of Chancellor;

(B) Provide the resumes and other pertinent information pertaining to the individuals under consideration, if any, to the panel; and

(C) Convene a meeting of the panel to hear the opinions and recommendations of the panel.

I understand that you considered approximately 30 potential candidates, and convened a panel of six individuals. However, I also understand that this panel only met once and only considered the qualities you should look for in a Chancellor. It appears as if this panel did not review the resumes or any information pertaining to the approximately 30 individuals under consideration, nor did they present their opinions and recommendations wing a meeting. I am gravely concerned that the manner in which Ms. Rhee was selected did not follow the public process that was intended, and indeed mandated, by the legislation.

As such, in preparation for and prior to conducting a confirmation hearing on Ms. Rhee's nomination, I request that you provide to me a detailed description of the process by which Ms. Rhee was selected as the nominee for the Chancellor of the District of Columbia Public Schools, including the names of the panel members and the date, time, and location of the panel's meetings. In addition, please provide the names, resumes, and other information pertaining to all individuals considered for the position of Chancellor, as presented to the panel.

Please provide this information to Nicole L. Streeter, Legislative Counsel to me, by close of business Monday, June 18, 2007. If you have any concerns about this request or wish to discuss this further, please feel free to contact me or have your staff contact Ms. Streeter at 202.724.8032.

Sincerely,

Vincent C. Gray
Chairman
Council of the District of Columbia

cc: Councilmember Jack Evans 
Councilmember Carol Schwartz 
Councilmember David Catania 
Councilmember Phil Mendelson 
Councilmember Kwame R. Brown 
Councilmember Jim Graham 
Councilmember Mary M. Cheh 
Councilmember Muriel Bowser 
Councilmember Harry Thomas Jr. 
Councilmember Tommy Wells 
Councilmember Yvette Alexander 
Councilmember Marion Barry

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GOVERNMENT OF THE DISTRICT OF COLUMBIA
EXECUTIVE OFFICE OF THE MAYOR

Office of the General Counsel to the Mayor

July 15, 2007 

BY HAND

Vincent C. Gray
Chairman
Council of the District of Columbia 
1350 Pennsylvania Avenue, NW 
Washington, DC 20004

Re: Nomination of Michelle A. Rhee for the position of Chancellor of the District of Columbia Public Schools

Dear Chairman Gray:

The Mayor has asked that I respond to your letter of June 13 inasmuch as you have expressed concern as to "the process by which Ms. Michelle A. Rhee was selected as your nominee for Chancellor of the District of Columbia Public Schools." In that connection, your letter specifically references the provisions of Section 501(b)(1) of the District of Columbia Public Education Reform Amendment Act of 2007:

Prior to the selection of a nominee for Chancellor, the Mayor shall: (A) Establish a review panel of teachers, including representatives of the Washington Teachers Union, parents, and students ("panel") to aid the Mayor in his or her selection of Chancellor; (B) Provide the resumes and other pertinent information pertaining to the individuals under consideration, if any, to the panel; and (C) Convene a meeting of the panel to hear the opinions and recommendations of the panel.

Let me say at the outset that the Mayor takes very seriously the mandate of the Council that he receive from knowledgeable members of the community their views as to the qualities, expertise and experience that would make for a successful leader of the school system. To that end, the Mayor has held numerous meetings with teachers, principals, students and members of the community. Specifically, a Focus Group or Review Panel was selected when it became clear in early June that the Superior Court might finally resolve during the week of June 4 the question whether a referendum would take place on the Council's school governance legislation. The names of the individuals on the Panel are as follows:

  • Steve Aupperle, teacher, HD Cooke ES, WTU member

  • Terry Goings, parent

  • Jackie Pinckney-Hackett, parent

  • Shayne Wells, student, Wilson SHS

  • Malik Stoney, student, McKinley Tech SHS

  • Blondine Hughes, teacher (by phone), WTU member

The Panel met on June 4, 2007, and was presented with materials by Deputy Mayor of Education Victor Reinoso and his Deputy, Eric Lerum. The questions that the Panel was asked to address were the following:

Question 1: What are the 3 most important and critical challenges facing the school system today and for the upcoming school year?

Question 2: Of the challenges cited above, which issues should be immediate priorities of any new management strategy for the school system?

Question 3: What qualities would a successful leader of the school system posses?

Question 4: What kind of expertise and experience should a successful leader of the school system posses?

Question 5: How would you rank the following skills and abilities of a successful DCPS Chancellor?

  • Energy

  • Proven experience in bringing change to an organization

  • Laser-like focus

  • Teaching experience

  • Experience in managing a large organization or system

  • Previous experience as a superintendent

  • Ability to communicate with different groups (staff, parents, political leaders, community groups, etc.)

  • Ability to attract top talent

A Summary of the Panel's observations and responses is enclosed with this letter.

The Panel was not given the resumes of any individuals under consideration because at the time, the Superior Court had not yet determined whether the Referendum would go forward. As you may recall, the Board of Elections and Ethics had authorized the Referendum process, but the Office of Attorney General had filed a complaint challenging the validity of the Board's action. There were many significant developments in the Court action during the days of June 4, 5 and 6 and finally, on June 7, the Court rejected a Writ of Mandamus that had been filed by a number of citizens respecting the Referendum matter and the litigation finally came to an end. It was at that time-and only at that time-that the Mayor could reasonably assume that the school governance legislation would become effective on June 12.

I believe that the efforts of the Panel meet the requirements of the Education Reform Amendment Act of 2007. The manner in which the Panel operated ensured that their focus remained on the qualities and expertise necessary to make a successful chancellor, and reduced the likelihood that bias would taint that process.

The resume of Ms. Rhee, the individual chosen by the Mayor for Chancellor, is enclosed with this letter. It would not be legally appropriate to circulate publicly the names, resumes and any other information that may have been considered by the Mayor during the period following the City Council's passage of the school governance legislation. As noted, given the shortness of time and the uncertainty of events prompted by the action of the Board of Elections and Ethics and hearings held by the Superior Court, it was not possible to provide the Panel with copies of any resumes in advance, let alone the resume of Ms. Rhee. But the Panel's responses to the very important questions posed to them at the meeting on June 4 informed the final decision-making process of the Mayor; and those responses fully support his selection.

We look forward to the City Council's prompt confirmation of Ms. Rhee as our new Chancellor. I have confidence that she will bring the energy, intelligence and new direction we all hope will bring about the necessary reform of our school system.

Many thanks for your interest. I look forward to continuing our joint efforts to improve our school system.

Peter J. Nickles
General Counsel to the Mayor

Enclosures

cc: Councilmember Jack Evans 
Councilmember Carol Schwartz 
Councilmember David Catania 
Councilmember Phil Mendelson 
Councilmember Kwame R. Brown 
Councilmember Jim Graham 
Councilmember Mary M. Cheh 
Councilmember Muriel Bowser 
Councilmember Harry Thomas, Jr. 
Councilmember Tommy Wells 
Councilmember Yvette Alexander 
Councilmember Marion Barry

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