Martin Austermuhle
Photo by aperryproductions
On the same day that the D.C. Council is expected to vote to approve a plan for a budget autonomy referendum to coincide with the April 23 At-Large special election, Mayor Vince Gray outlined his concerns with the plan in an eight-page letter to legislators. According to Gray, the referendum—which would allow residents to vote to amend the Home Rule Charter to give the city more control over its locally raised funds—would raise both legal and political risks, so much so that it could prove a setback for the cause as a whole.
Citing a legal analysis by city lawyers and an op-ed published by two lawyers in the Post, Gray argued that using a referendum to amend the charter may violate a provision of the charter itself delineating what can and cannot be changed without congressional approval.
“After close study by the [Office of the Attorney General] and senior lawyers in my administration, I am doubtful that Congress has delegated the power to the District to convert unilaterally the role played by Congress and the President in the District’s budget from active participation to passive review,” he wrote.
Additionally, he says that any changes could violate federal law, specifically a provision forbidding agencies—and yes, D.C. is treated the same way as a federal government agency—from spending more money than has been appropriated to them by Congress.
On a more practical level, Gray wrote, he fears that a budget autonomy referendum would raise the ire of Republicans in Congress, some of whom have looked kindly upon giving D.C. more control over its own budget (with some strings attached, of course).
“It would be unfortunate and unwise to short-circuit efforts by Congresswoman Norton and those of the House and Senate leaders to continue pressing forward for this clean budget autonomy provision,” he wrote. “I am concerned that the cause of getting Congress to approve D.C. budget autonomy may be set back many years if Members bristle at this attempt to circumvent their authority.”
In late 2011 Rep. Darrell Issa (R-Calif.) proposed that D.C. be given more budget autonomy, though his plan would maintain restrictions on local spending for abortions for low-income women. That proposal was eventually rejected by D.C., though it’s unclear whether or not Norton will be able to get a clean budget autonomy bill out of Congress. (Norton has also expressed skepticism over the referendum.)
Gray also questioned the wisdom of aligning the referendum with the April 23 special election. “If, as some have said, the goal of the bill is to send a resounding message to Congress that District residents want budget autonomy, including the referendum during a special election may not be the best approach—turnout for the April 2011 at-large special election was a little above 10%,” he opined.
His concerns may fall on deaf ears, though. The bill authorizing the referendum has been co-sponsored by every member of the council, and it is on today’s consent agenda for the council’s legislative session. Additionally, former Rep. Tom Davis (R-Va.) has endorsed it, and for as many lawyers that say it is illegal, there are a similar number of lawyers saying that it’s permissible.
The council is scheduled to vote on the bill authorizing the referendum today, with a second and final vote set for next week.
