C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A C O M M I T T E E O N E D U C A T I O N P U B L I C H E A R I N G W I T N E S S L I S T 1350 Pennsylvania Avenue, NW, Washington, DC 20004 COUNCILMEMBER ELISSA SILVERMAN, CHAIRPERSON COMMITTEE ON LABOR AND WORKFORCE DEVELOPMENT ANNOUNCES A PERFORMANCE OVERSIGHT HEARING on the Office of Employee Appeals Public Employee Relations Board on Wednesday, February 15, 2017, 10:30 a.m. Hearing Room 120, John A. Wilson Building 1350 Pennsylvania Avenue, NW Washington, DC 20004 I. CALL TO ORDER AGENDA AND WITNESS LIST II. III. OPENING REMARKS PERFORMANCE OVERSIGHT HEARING 1. Office of Employee Appeals IV. i. Public Witnesses ii. Government Witness Sheila Barfield, Executive Director, Office of Employee Appeals Public Employee Relations Board i. Public Witnesses ii. Government Witness ADJOURNMENT Clarene Phyllis Martin, Executive Director, Public Employee Relations Board
COUNCIL OF THE DISTRICT OF COLUMBIA ABBREVIATED NOTICE OF PUBLIC HEARINGS AGENCY PERFORMANCE OVERSIGHT HEARINGS FISCAL YEAR 2016-2017 2/6/2017 SUMMARY February 2, 2017 February 8, 2017 to March 16, 2017 Committee of the Whole Public Briefing on the Fiscal Year 2016 Comprehensive Annual Financial Report (CAFR) 9:30 a.m. in Room 500 Performance Oversight Hearings on Fiscal Year 2016-2017 The Council of the District of Columbia hereby gives notice of its intention to hold public oversight hearings on agency performances for FY 2016 and FY 2017. The hearings will begin Wednesday, February 8, 2017 and conclude on Thursday, March 16, 2017 and will take place in the Council Chamber (Room 500), Room 412, Room 123, and Room 120 of the John A. Wilson Building; 1350 Pennsylvania Avenue, N.W.; Washington, DC 20004. Persons wishing to testify are encouraged, but not required, to submit written testimony in advance of each hearing to the committee at which you are testifying. If a written statement cannot be provided prior to the day of the hearing, please have at least 10 copies of your written statement available on the day of the hearing for immediate distribution to the Council. Unless otherwise stated by the Committee, the hearing record will close two business days following the conclusion of each respective hearing. Persons submitting written statements for the record should observe this deadline. For more information about the Council's budget performance oversight hearing schedule, please contact the committee of interest. ADDENDUM OF CHANGES TO THE PUBLIC HEARING SCHEDULE New Date Original Date Hearing 2/15/2017 2/15/2017 Committee on Labor and Workforce Development (10:30 a.m.) 2/17/2017 2/16/2017 Commission on the Arts and Humanities (Finance & Revenue-Room 412) 2/17/2017 2/27/2017 Secretary of the District of Columbia (Government Operations-Room 120) 2/24/2017 2/28/2017 Office of Public-Private Partnerships (Government Operations-Room 412) Page 1 of 8
PUBLIC HEARING SCHEDULE COMMITTEE OF THE WHOLE Chairman Phil Mendelson THURSDAY, FEBRUARY 2, 2017; COUNCIL CHAMBER (Room 500) Subject 9:30 a.m. - End Committee of the Whole Public Briefing on the Fiscal Year 2016 Comprehensive Annual Financial Report (CAFR) COMMITTEE ON HOUSING & NEIGHBORHOOD REVITALIZATION Chairperson Anita Bonds WEDNESDAY, FEBRUARY 8, 2017; COUNCIL CHAMBER (Room 500) 11:00 a.m. - End Housing Finance Board of Condemnation of Insanitary Buildings Board of Real Estate Appraisers Real Estate Commission Persons wishing to testify about the performance of any of the foregoing agencies may contact: Oscar Montiel (omontiel@dccouncil.us) or by calling 202-724-8198. COMMITTEE ON TRANSPORTATION & THE ENVIRONMENT Chairperson Mary Cheh FRIDAY, FEBRUARY 10, 2017; Room 412 11:00 a.m. - End Department of Motor Vehicles Department of Parks and Recreation Persons wishing to testify about the performance of any of the foregoing agencies may contact: Aukima Benjamin (abenjamin@dccouncil.us) or by calling 202-724-8062. COMMITTEE ON THE JUDICIARY & PUBLIC SAFETY Chairperson Charles Allen MONDAY, FEBRUARY 13, 2017; Room 412 11:00 a.m. - 5:00 p.m. Deputy Mayor for Public Safety and Justice Criminal Justice Coordinating Council Office of Victim Services and Justice Grants Department of Corrections Corrections Information Council Persons wishing to testify about the performance of any of the foregoing agencies may email: judiciary@dccouncil.us or by calling 202-727-8275. COMMITTEE ON EDUCATION Chairperson David Grosso TUESDAY, FEBRUARY 14, 2017; Room 412 11:00 a.m. - End Office of the State Superintendent of Education Persons wishing to testify about the performance of any of the foregoing agencies may do so online at: http://bit.do/educationhearings or by calling 202-724-8061. COMMITTEE ON BUSINESS & ECONOMIC DEVELOPMENT Chairperson Kenyan McDuffie WEDNESDAY, FEBRUARY 15, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - End Department of Small and Local Business Development Department of Insurance, Securities and Banking Department of For-Hire Vehicles For-Hire Vehicle Advisory Council Persons wishing to testify about the performance of any of the foregoing agencies may contact: Demetris Cheatham (dcheatham@dccouncil.us) or by calling 202-297-0152. Page 2 of 8
COMMITTEE ON HUMAN SERVICES Chairperson Brianne Nadeau WEDNESDAY, FEBRUARY 15, 2017; Room 412 10:00 a.m. - End Department of Disability Services Office of Disability Rights Persons wishing to testify about the performance of any of the foregoing agencies may email: humanservices@dccouncil.us or by calling 202-724-8170. COMMITTEE ON LABOR & WORKFORCE DEVELOPMENT Chairperson Elissa Silverman WEDNESDAY, FEBRUARY 15, 2017; Room 120 10:30 a.m. - End Office of Employee Appeals Public Employees Relations Board Persons wishing to testify about the performance of any of the foregoing agencies may contact: Charnisa Royster (croyster@dccouncil.us) or by calling 202-724-7772. COMMITTEE ON EDUCATION Chairperson David Grosso WEDNESDAY, FEBRUARY 15, 2017; Room 123 10:00 a.m. - End Deputy Mayor for Education State Board of Education Persons wishing to testify about the performance of any of the foregoing agencies may do so online at: http://bit.do/educationhearings or by calling 202-724-8061. COMMITTEE ON FINANCE & REVENUE Chairperson Jack Evans THURSDAY, FEBRUARY 16, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. End Washington Metropolitan Area Transit Authority Persons wishing to testify about the performance of any of the foregoing agencies may contact: Sarina Loy (sloy@dccouncil.us) or by calling 202-724-8058. COMMITTEE ON HOUSING & NEIGHBORHOOD REVITALIZATION Chairperson Anita Bonds THURSDAY, FEBRUARY 16, 2017; Room 412 10:00 a.m. - End Office on Aging Commission on Aging Age-Friendly DC Task Force District of Columbia Housing Authority Persons wishing to testify about the performance of any of the foregoing agencies may contact: Oscar Montiel (omontiel@dccouncil.us) or by calling 202-724-8198. COMMITTEE ON THE JUDICIARY & PUBLIC SAFETY Chairperson Charles Allen THURSDAY, FEBRUARY 16, 2017; Room 123 12:00 p.m. - 5:00 p.m. Judicial Nomination Commission Commission on Judicial Disabilities and Tenure Office of the Attorney General District of Columbia Sentencing Commission Criminal Code Reform Commission Persons wishing to testify about the performance of any of the foregoing agencies may email: judiciary@dccouncil.us or by calling 202-727-8275. COMMITTEE ON HEALTH Chairperson Vincent Gray FRIDAY, FEBRUARY 17, 2017; COUNCIL CHAMBER (Room 500) 11:00 a.m. - End Department of Health Persons wishing to testify about the performance of any of the foregoing agencies may contact: Osa Imadojemu (oimadojemu@dccouncil.us) or by calling 202-727-7774. Page 3 of 8
COMMITTEE ON FINANCE & REVENUE Chairperson Jack Evans FRIDAY, FEBRUARY 17, 2017; Room 412 10:00 a.m. End Commission on the Arts and Humanities Persons wishing to testify about the performance of any of the foregoing agencies may contact: Sarina Loy (sloy@dccouncil.us) or by calling 202-724-8058. COMMITTEE ON GOVERNMENT OPERATIONS FRIDAY, FEBRUARY 17, 2017; Room 120 10:00 a.m. - End Secretary of the District of Columbia Persons wishing to testify about the performance of any of the foregoing agencies may email: governmentoperations@dccouncil.us or by calling 202-724-6668. Chairperson Brandon Todd COMMITTEE ON BUSINESS & ECONOMIC DEVELOPMENT Chairperson Kenyan McDuffie WEDNESDAY, FEBRUARY 22, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - End Alcoholic Beverage Regulation Administration Office of Cable Television, Film, Music and Entertainment Office of the People's Counsel Public Service Commission Persons wishing to testify about the performance of any of the foregoing agencies may contact: Demetris Cheatham (dcheatham@dccouncil.us) or by calling 202-297-0152. COMMITTEE ON EDUCATION Chairperson David Grosso WEDNESDAY, FEBRUARY 22, 2017; Room 412 10:00 a.m. - End District of Columbia Public Library System Persons wishing to testify about the performance of any of the foregoing agencies may do so online at: http://bit.do/educationhearings or by calling 202-724-8061. COMMITTEE ON FINANCE & REVENUE Chairperson Jack Evans WEDNESDAY, FEBRUARY 22, 2017; Room 120 10:00 a.m. - End Office of the Chief Financial Officer District of Columbia Lottery and Charitable Games Real Property Tax Appeals Commission Events DC Destination DC Persons wishing to testify about the performance of any of the foregoing agencies may contact: Sarina Loy (sloy@dccouncil.us) or by calling 202-724-8058. COMMITTEE ON EDUCATION Chairperson David Grosso THURSDAY, FEBRUARY 23, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - End District of Columbia Public Schools (Public Witnesses Only) Persons wishing to testify about the performance of any of the foregoing agencies may do so online at: http://bit.do/educationhearings or by calling 202-724-8061. COMMITTEE ON HEALTH Chairperson Vincent Gray THURSDAY, FEBRUARY 23, 2017; Room 412 11:00 a.m. - End Department of Behavioral Health Persons wishing to testify about the performance of any of the foregoing agencies may contact: Osa Imadojemu (oimadojemu@dccouncil.us or by calling 202-727-7774. Page 4 of 8
COMMITTEE ON GOVERNMENT OPERATIONS THURSDAY, FEBRUARY 23, 2017; Room 120 10:00 a.m. - End Office of Administrative Hearings Office of the Inspector General Public Access Corporation Persons wishing to testify about the performance of any of the foregoing agencies may email: governmentoperations@dccouncil.us or by calling 202-724-6668. Chairperson Brandon Todd COMMITTEE ON THE JUDICIARY & PUBLIC SAFETY Chairperson Charles Allen THURSDAY, FEBRUARY 23, 2017; Room 123 2:00 p.m. - 6:00 p.m. Office of Human Rights District of Columbia Board of Ethics and Government Accountability District of Columbia Board of Elections Office of Campaign Finance Persons wishing to testify about the performance of any of the foregoing agencies should email: judiciary@dccouncil.us or by calling 202-727-8275. COMMITTEE ON GOVERNMENT OPERATIONS Chairperson Brandon Todd FRIDAY, FEBRUARY 24, 2017; Room 412 10:00 a.m. - End Serve DC Office of Community Affairs Office of Religious Affairs Interfaith Council Commission for Women Office of Gay, Lesbian, Bisexual, Transgender & Questioning Affairs Advisory Committee to the Office of GLBTQ Affairs Office of Asian and Pacific Islander Affairs Commission on Asian and Pacific Islander Affairs Office on African Affairs Commission on African Affairs Commission on African American Affairs Commission on Fathers, Men and Boys Office of Latino Affairs Commission on Latino Community Development Advisory Commission on Caribbean Community Affairs Office of Veterans Affairs Office of Public-Private Partnerships Persons wishing to testify about the performance of any of the foregoing agencies may email: governmentoperations@dccouncil.us or by calling 202-724-6668. COMMITTEE ON GOVERNMENT OPERATIONS Chairperson Brandon Todd MONDAY, FEBRUARY 27, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - End Executive Office of the Mayor Office of the City Administrator Office of the Senior Advisor Mayor's Office of Legal Counsel Emancipation Commemoration Commission Persons wishing to testify about the performance of any of the foregoing agencies may email: governmentoperations@dccouncil.us or by calling 202-724-6668. Page 5 of 8
COMMITTEE ON TRANSPORTATION & THE ENVIRONMENT Chairperson Mary Cheh TUESDAY, FEBRUARY 28, 2017; COUNCIL CHAMBER (Room 500) 11:00 a.m. - End Washington Aqueduct District of Columbia Water & Sewer Authority Department of General Services Persons wishing to testify about the performance of any of the foregoing agencies may contact: Aukima Benjamin (abenjamin@dccouncil.us) or by calling 202-724-8062. COMMITTEE ON THE JUDICIARY & PUBLIC SAFETY Chairperson Charles Allen TUESDAY, FEBRUARY 28, 2017; Room 412 11:00 a.m. - 4:00 p.m. District of Columbia National Guard Homeland Security and Emergency Management Department of Forensic Sciences Office of the Chief Medical Examiner Persons wishing to testify about the performance of any of the foregoing agencies may email: judiciary@dccouncil.us or by calling 202-727-8275. COMMITTEE OF GOVERNMENT OPERATIONS Chairperson Brandon Todd TUESDAY, FEBRUARY 28, 2017; Room 120 11:00 a.m. - End Office of Partnerships and Grants Services Office of the Chief Technology Officer Persons wishing to testify about the performance of any of the foregoing agencies may email: governmentoperations@dccouncil.us or by calling 202-724-6668. COMMITTEE ON EDUCATION Chairperson David Grosso TUESDAY, FEBRUARY 28, 2017; Room 123 10:00 a.m. - End District of Columbia Public Charter School Board Bully Prevention Task Force Persons wishing to testify about the performance of any of the foregoing agencies may do so online at: http://bit.do/educationhearings or by calling 202-724-8061. COMMITTEE ON HUMAN SERVICES Chairperson Brianne Nadeau WEDNESDAY, MARCH 1, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - End Department of Youth Rehabilitation Services Child and Family Services Persons wishing to testify about the performance of any of the foregoing agencies may email: humanservices@dccouncil.us or by calling 202-724-8170. COMMITTEE ON LABOR & WORKFORCE DEVELOPMENT Chairperson Elissa Silverman WEDNESDAY, MARCH 1, 2017; Room 412 10:00 a.m. - End Office of Risk Management Office of Labor Relations and Collective Bargaining Department of Human Resources Persons wishing to testify about the performance of any of the foregoing agencies may contact: Charnisa Royster (croyster@dccouncil.us) or by calling 202-724-8835. COMMITTEE ON HEALTH Chairperson Vincent Gray WEDNESDAY, MARCH 1, 2017; Room 120 11:00 a.m. - End Department of Health Boards Persons wishing to testify about the performance of any of the foregoing agencies may contact: Osa Imadojemu (oimadojemu@dccouncil.us) or by calling 202-727-7774. Page 6 of 8
COMMITTEE ON BUSINESS & ECONOMIC DEVELOPMENT Chairperson Kenyan McDuffie WEDNESDAY, MARCH 1, 2017; Room 123 10:00 a.m. - End Deputy Mayor for Planning and Economic Development District of Columbia Boxing and Wrestling Commission Walter Reed Army Medical Center Site Reuse Advisory Committee Persons wishing to testify about the performance of any of the foregoing agencies may contact: Demetris Cheatham (dcheatham@dccouncil.us) or by calling 202-297-0152. COMMITTEE ON THE JUDICIARY & PUBLIC SAFETY Chairperson Charles Allen THURSDAY, MARCH 2, 2017; COUNCIL CHAMBER (Room 500) 11:00 a.m. - 5:00 p.m. Metropolitan Police Department Office of Police Complaints Fire and Emergency Medical Services Department Office of Unified Communications Persons wishing to testify about the performance of any of the foregoing agencies may email: judiciary@dccouncil.us or by calling 202-727-8275. COMMITTEE ON EDUCATION Chairperson David Grosso THURSDAY, MARCH 2, 2017; Room 412 10:00 a.m. - End District of Columbia Public Schools (Government Witnesses Only) COMMITTEE ON HOUSING & NEIGHBORHOOD REVITALIZATION Chairperson Anita Bonds FRIDAY, MARCH 3, 2017; COUNCIL CHAMBER (Room 500) 11:00 a.m. - End Office of the Tenant Advocate Department of Housing and Community Development Housing Production Trust Fund Rental Housing Commission Persons wishing to testify about the performance of any of the foregoing agencies may contact: Oscar Montiel (omontiel@dccouncil.us) or by calling 202-724-8198. COMMITTEE OF THE WHOLE Chairman Phil Mendelson MONDAY, MARCH 6, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - 2:00 p.m. Metropolitan Washington Airports Authoirty Metropolitan Washington Council of Governments Office of Zoning Office of Planning Persons wishing to testify about the performance of any of the foregoing agencies may email: cow@dccouncil.us or by calling 202-724-8196. COMMITTEE ON HEALTH Chairperson Vincent Gray WEDNESDAY, MARCH 8, 2017; COUNCIL CHAMBER (Room 500) 11:00 a.m. - End Deputy Mayor for Health and Human Services United Medical Center District of Columbia Health Benefit Exchange Authority Department of Health Care Finance Persons wishing to testify about the performance of any of the foregoing agencies may contact: Osa Imadojemu (oimadojemu@dccouncil.us) or by calling 202-727-7774. COMMITTEE ON HOUSING & NEIGHBORHOOD REVITALIZATION Chairperson Anita Bonds WEDNESDAY, MARCH 8, 2017; Room 123 4:00 p.m. - End Office on Returning Citizen Affairs Commission on Re-Entry and Returning Citizen Affairs Advisory Neighborhood Commissions Persons wishing to testify about the performance of any of the foregoing agencies may contact: Oscar Montiel (omontiel@dccouncil.us) or by calling 202-724-8198. Page 7 of 8
COMMITTEE ON TRANSPORTATION & THE ENVIRONMENT Chairperson Mary Cheh MONDAY, MARCH 13, 2017; COUNCIL CHAMBER (Room 500) 11:00 a.m. - End Pedestrian Advisory Council Bicycle Advisory Council District Department of Transportation Persons wishing to testify about the performance of any of the foregoing agencies may contact: Aukima Benjamin (abenjamin@dccouncil.us) or by calling 202-724-8062. COMMITTEE OF THE WHOLE Chairman Phil Mendelson MONDAY, MARCH 13, 2017; Room 412 10:00 a.m. - 2:00 p.m. University of the District of Columbia District of Columbia Retirement Board/Funds District Retiree Health Contribution Persons wishing to testify about the performance of any of the foregoing agencies may email: cow@dccouncil.us or by calling 202-724-8196. COMMITTEE ON LABOR & WORKFORCE DEVELOPMENT Chairperson Elissa Silverman WEDNESDAY, MARCH 15, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - End Department of Employment Services Deputy Mayor for Greater Economic Opportunity Workforce Investment Council Persons wishing to testify about the performance of any of the foregoing agencies may contact: Charnisa Royster (croyster@dccouncil.us) or by calling 202-724-7772. COMMITTEE ON HUMAN SERVICES Chairperson Brianne Nadeau WEDNESDAY, MARCH 15, 2017; Room 412 10:00 a.m. - End Department of Human Services Interagency Council on Homelessness Persons wishing to testify about the performance of any of the foregoing agencies may email: humanservices@dccouncil.us or by calling 202-724-8170. COMMITTEE OF THE WHOLE Chairman Phil Mendelson WEDNESDAY, MARCH 15, 2017; Room 123 10:00 a.m. - 2:00 p.m. District of Columbia Auditor New Columbia Statehood Commission Contract Appeals Board Office of Contracting and Procurement Persons wishing to testify about the performance of any of the foregoing agencies may email: cow@dccouncil.us or by calling 202-724-8196. COMMITTEE OF THE WHOLE Chairman Phil Mendelson THURSDAY, MARCH 16, 2017; COUNCIL CHAMBER (Room 500) 10:00 a.m. - 4:00 p.m. Office of Budget and Planning Department of Consumer and Regulatory Affairs Persons wishing to testify about the performance of any of the foregoing agencies may email: cow@dccouncil.us or by calling 202-724-8196. COMMITTEE ON TRANSPORTATION & THE ENVIRONMENT Chairperson Mary Cheh THURSDAY, MARCH 16, 2017; Room 412 11:00 a.m. - End Department of Public Works Department of Energy and Environment Persons wishing to testify about the performance of any of the foregoing agencies may contact: Aukima Benjamin (abenjamin@dccouncil.us) or by calling 202-724-8062. Page 8 of 8
BEFORE THE COMMITTEE ON LABOR AND WORKFORCE DEVELOPMENT THE HONORABLE ELISSA SILVERMAN, PRESIDING Wednesday, February 15, 2017 OPENING STATEMENT OF CLARENE PHYLLIS MARTIN, EXECUTIVE DIRECTOR PUBLIC EMPLOYEE RELATIONS BOARD Good afternoon Chairman Silverman and Committee members. I am Clarene Martin, Executive Director of the Public Employee Relations Board. On behalf of the Public Employee Relations Board, also known as PERB, thank you for the opportunity to report on PERB s FY 2016 performance. The Public Employee Relations Board was created pursuant to Section 501 of the District of Columbia Comprehensive Merit Personnel Act of 1978. It is an impartial quasi-judicial independent agency, empowered with the exclusive jurisdiction to resolve labor-management disputes between District government agencies, District employees and labor organizations representing employees of District government agencies. The Board is composed of a labor representative, a management representative and three neutrals appointed by the Mayor. By statute, all Board members, through experience, must demonstrate an expert knowledge in the field of labor relations. 1
PERB is responsible for: determining appropriate compensation and non-compensation bargaining units certifying and decertifying labor organizations as exclusive bargaining representatives adjudicating unfair labor practice complaints considering appeals of grievance arbitration awards investigating standards of conduct complaints determining whether a particular subject or proposal is within the scope of bargaining, and facilitating the resolution of impasses in contract negotiations PERB also has the authority to issue subpoenas, conduct hearings, seek judicial enforcement of its orders and retain independent legal counsel to represent its interests. In FY 2016, PERB met its statutory responsibilities by: (1) conducting Board meetings, (2) rendering decisions and orders, (3) scheduling and holding hearings; (4) issuing decisions; (5) publishing its decisions in the D.C. Register; and (6) appointing mediators and arbitrators to assist with impasse bargaining requests. 2
More specifically, the Board held twelve (12) monthly meetings and rendered a total of thirty-eight (38) decisions. PERB took in seventy-four (74) new cases, conducted fourteen (14) hearings and closed (129) cases. At the close of FY 16, PERB had eighty-one (81) open cases, forty-one (41) cases less than the start of the fiscal year. Part of our closure rate is attributable to the success of the Hearing Examiner Settlement Program implemented to address our oldest cases. Of the eighteen (18) Hearing Examiner Settlement conferences, sixteen (16) resulted in settlement. In addition to the Hearing Examiner Settlement Program, PERB maintained its mandatory mediation program. In FY 16, seven (7) mediations resulted in settlement. In total, PERB closed twenty-three (23) cases by settlement or mediation. In FY 16, PERB paid specific attention to cases filed prior to 2010. We are pleased to report that at the end of FY 16 no cases filed prior to 2010 remain. Data for Cases Filed Prior to 2010 Year of Filing Number of Cases Closed in FY 16 2009 8 cases 2008 9 cases 2007 1 case 2006 1 case 3
Total 19 cases In addition to case handling, PERB implemented revised Rules clarifying ambiguities in its e-filing process, improving overall readability of the Rules, and increasing efficiency of the agency s operations. Notable changes included simplifying the Board s filing deadlines, making the e-filing process more accessible to pro se filers, and filling gaps in the Board s rules for representation petitions and elections. PERB has also made labor relations training of District employees a significant part of its mission. In FY 16, PERB created the PERB Institute of Labor Relations to coordinate its training components. The Institute s main training program is Second Tuesdays at PERB, two-hour training sessions held once a month, eight months out of the year for the District s government managers and union representatives. In FY 16, the sessions covered topics such as PERB jurisdiction and procedures, unfair labor practices, duty to bargain, subjects of bargaining, duty to fair representation, conducting elections and duty to supply information. The average attendance per session is 40 employees. In FY 16 individuals attending more than six (6) sessions received certificates for their participation in the program. Also, PERB started offering training to individual unions and agencies. In FY 16, PERB trained the union 4
representatives of two unions representing the employees of a particular agency. In keeping with our goal of maintaining accessibility to the public, PERB developed and initiated a filing form for pro se litigates for easy use with the inhouse filing terminal. In addition, PERB introduced PERBnotes, currently a quarterly newsletter. PERB continued to defend Board Decisions and Orders when challenged in either the D.C. Superior Court or the D.C. Court of Appeals. In FY 16, the Superior Court disposed of seven (7) challenges to PERB decisions and orders. The Court either affirmed PERB s decision, dismissed the appeal, or the party withdrew the matter. The D.C. Court of Appeals disposed of three (3) challenges to PERB Decisions and Orders. PERB was affirmed in two of the cases and the third was remanded to PERB for additional consideration. Again, thank you for the opportunity to report on PERB s performance. At this time, I will be happy to respond to any questions. 5
THE OFFICE OF EMPLOYEE APPEALS BEFORE THE COUNCIL OF THE DISTRICT OF COLUMBIA COMMITTEE ON LABOR AND WORKFORCE DEVELOPMENT The Honorable Elissa Silverman, Chairperson ANNUAL PERFORMANCE HEARING Fiscal Year 2016 And Fiscal Year 2017-To-Date Testimony Submitted By Sheila G. Barfield, Esq. Executive Director February 15, 2017
Good morning Chairman Silverman and members of the Committee on Labor and Workforce Development. My name is Sheila Barfield and I am the Executive Director of the Office of Employee Appeals (OEA). I am joined by Lasheka Bassey, General Counsel, and Eric Robinson, Senior Administrative Judge. Thank you for the opportunity to testify before you and the committee regarding OEA s performance for Fiscal Year 2016 and Fiscal Year 2017 to date. OEA is an independent agency whose mission is to render impartial, legally sufficient, and timely decisions on appeals filed by District of Columbia government employees. OEA s jurisdiction extends to appeals filed by employees who have received a performance rating which resulted in removal and to employees who have been the subject of an adverse action for cause which resulted in the employee being terminated, suspended for at least 10 days, placed on enforced leave for at least 10 days, or reduced in grade. OEA also has jurisdiction over reductions-in-force which result in an employee s position being abolished. OEA offers District government agencies and employees a three-part appeal process which consists of mediation, adjudication, and petitions for review. The mediation process allows the employee and the agency an opportunity to resolve their disputes without going through the lengthy and costly adjudication process. The adjudication process results in disputes being resolved by an Administrative Judge who issues an Initial Decision and finds in favor of either the agency or
employee. The petition for review process provides an impartial review of Initial Decisions by OEA s Board. The agency s performance goals for Fiscal Year 2016 were to hire a Deputy General Counsel, implement a two-tiered proof-reading process, and amend the law to reflect that all decisions will appear on OEA s website. The agency did in fact hire a Deputy General Counsel and the Administrative Judges started the two-tiered proof reading process. As a result of hiring the Deputy General Counsel, OEA s Board was able to issue 59 Opinions and Orders in Fiscal Year 2016. By comparison, the Board issued 35 Opinions and Orders in Fiscal Year 2015. Moreover, by implementing the two-tiered proof reading process, the judges were able to issue its decision in approximately 7 months. By comparison, the judges took approximately 11 months to issue their decisions in Fiscal Year 2015. The agency was not, however, able to have the law amended as it had planned. With respect to Fiscal Year 2017, the agency s performance goals are to develop a system whereby decisions which have been remanded to the Office will be prioritized and processed in a timely manner; mediate all attorney fees and compliance matters; create uniform orders for prehearing conferences, evidentiary hearings, good cause matters, jurisdiction matters and brief submissions; and upgrade the agency s website to create a subject matter search feature. The agency is in the process of implementing all of these goals and expects to have them completed by the end of the fiscal year.
Also, thus far this fiscal year the agency has issued 66 Initial Decisions and 10 Opinions and Orders. It has taken the judges approximately 6 months to issue its decisions and the Board approximately 9 months to issue its Opinions and Orders. This concludes my testimony. We will be happy to answer any questions you may have.