Category: DC Auditor

BREAKING: ANC8A Bans Constituent From ANC Meetings: “It has been determined by Phil Mendelson”…

UPDATE: Breaking: ANC8A Never Discussed Banning Constituent with Chairman Mendelson

At the March meeting of ANC8A A newly formed officer (I don’t think there is any bylaw approved for this position) A Seargent at Arms position, Commissioner Laneice Moore reported that “Um, it has been determined by Chairman Phil Middleton and also ANC8A that Mr. Tom Donohue has been disrupting our meetings from this day forward. Mr. Donohue, you are removed and banned from ANC Meetings”

Now for the record, only once did I have literally a few seconds to bring any of the matters of concern up to our ANC before I wad interrupted – so basiclly I’ve never been able to address the ANC with matters of concerns relating to Cmr. Holly Muhammad. The only ‘interruption’ thats possible is whatever I have written in the chat box during our ANC Meetings which typically involved links to supporting documentation that the ANC has refussed to address. I’ve hardly been any disruption. This ANC seems to be hiding something, ever since I have inquired about financials this ANC has been trying to silence me. Not one thing I have asked to address have they allowed to present to my neighbors.

Just days ago Chairman Mendelson said this:

I would like to address this matter in the courts. If anyone themselves or anyone someone knows is an attorney and wish to review and help me pursue these matters legally I’d really love to hear from you. This has got to stop. This ANC can not and should not be able to bully voters from being heard. Contact Tom Donohue at tom@tmdenterprises.us. You can find more about the ANC8A matters at https://www.recallinghollymuhammad.com

March 10, 2023

On March 9, 2023, Declan Falls Chairman Mendelson’s Community Outreach Specialist and I spoke. Declan informed me he was watching the meeting, I shared with him my concerns and he informed me that the ANC has not ever met with the Chairman or spoken to him about banning anyone from ANC meetings and that he does not support such an effort. He informed me that he assumed they must have listened to the above portion of the meeting and determined from that response that they had the right to ban me from the meeting. I informed him I’m not sure how they could have taken that from what the Chairman said however, he told me he had a conversation with one of the ANC Commissioners to inform them the Chairman does not take the position of an ANC commissioner banning any member of the public and that he also had a conversation with the office of the ANC to inform them as well. I told him that I had submitted a complaint to the Board of Ethics and Government Accountability (BEGA) on July 14, 2021, when then-Chair Holly Muhammad ejected me from that month’s ANC meeting without cause or discussion and then continued to block my entrance into our meetings for six months. This is the response I got back. Additionally, it appears a similar response was written on Oct 12, 2022 (https://www.open-dc.gov/sites/default/files/Dismissal_OOG-2022-0008-M_ANC_redacted.pdf) for another similar complaint.


ANC8A inappropriately attempted to ban me from their meetings without having to take a vote, have discussions, or place the matter on the agenda which would have afforded me the opportunity to discuss the matter, they just had their newly established (without any changes to our bylaws) Sargent at Arms inform the public during the March 2023 meeting that I was banned. They will need to discuss this come to the May 2023 meeting as the commission has an off month in April. It’s very unfortunate that no member of this commission voiced any concerns publicly however I did find it odd that Commissioner Robin McKinney called me prior to the meeting asking if I was planning on attending the meeting because she didn’t think I should be banned and that I should be able to continue to attend meetings. A part of me wonders if this was a ploy to get me to attend so the commission could embarrass me in front of my neighbors by telling me I was banned. Commissioner McKinney nor my own elected official Commissioner Tanya Clark spoke one word during or after their announcement of my being banned. So, I wonder when this decision was made. It appears some official business was conducted at a time when the public was kept from this discussion.

In Board of Elections Filing ANC08A Commissioner Holly Muhammad Calls Constituent a “RACIST and hates Black Women and Muslims.”

ANC08A Commissioner Holly Muhammad Calls Constituent a “RACIST and hates Black Women and Muslims.” in response to his petition to recall her.

Commissioner Muhammad filed a response to my petition to recall. Its d

Commissioner Muhammad filed a response to my petition to recall. Its disgusting, without any merit, it speaks to her character and its only because she’s mad I’m standing up to her.

Click the text above to read her entire response which she submitted and will be printed on my Recall Ballot.

Her lies. Her antics must stop. An eleced official should never attack a voter in such a disgusting way.

This flyer was distributed over a few block radius to Tom’s neighbors

(flyer was distributed along a several block radius of Tom’s address to all his neighbors – a misc police report was filed)

I have two options:

Accept the petition I submitted to the Board of elections with Holly’s lies and inflammatory remarks meant to pit my neighbors against me

or…

I decline the petition and the petition dies.  Ultimately allowing Holly to continue knowing she will not represent me as an individual or a small Ward 8 business owner.


Since the Board of Elections will allow a response on a petition to read anything the respondent wants it to say. Someone could literally say anything – like he’s a murderer and they say they’d still publish it. I’m stuck with having to accept Holly’s disgusting response no matter what ramifications her words could cause me whether short or long term.  Those are my only two options. 

Holly expects me to reject it, so my petition goes away. It seems she’ll do it at any cost.  However she also knows that by her calling me a racist, by her saying I hate black woman and Muslims not only is she potentially putting my safety in jeopardy when I walk to peoples doors asking for signatures but she is defaming my name via the Board of Elections who will print this false information and force me to walk around to my neighbors asking my neighbors to sign in support of Holly to being recalled from office.  Rather than defending her job-related reasons (nothing personal) I’ve listed, Holly wants to attack me personally with lies in hopes she can influence our neighbors. I am not an elected official I should not have to defend myself personally I’d be fine with defending my reasons if that was the case.  The elected official should not be able to attack the citizen personally.  

To address the other things she mentions, I have only been in her physical prescience I think twice. All communication has been virtual or via email. I have never been ‘aggressive’ I’ve never thought we was weak or any of that. I do have cameras on the outside of my building. They capture only public areas – no areas where there is no expectation to privacy. These cameras have captured violent crime such as the killing of Mr. David Farewell when he was intentionally struck and ran over left to die on 22nd Street SE or when one of our neighbors were robbed at gunpoint, two instances where it was the right thing to do for all of us to provide video to the authorities. Everything else is all about Holly’s vendetta towards me for my attempts to recall her.

Yes, she is right regarding one thing… I was hoping and expecting her fellow ANC Commissioners to step up and stop her from keeping me from entering ANC Meetings for six months. I stand by my words that their lack of any action should be known and would be included in any report to news outlets.  It’s a shame they just watched each month as she refused me access month over month, I had expected the Commissioners to strip Ms. Muhammad from her leadership role. However, they stood by and simply allowed Ms. Muhammad to continue to grant me access or return any of my FOIA requests, to this day she has completely ignored my request.

So, It’s truly disgusting that the Board of Elections feels they must allow these falsehoods to be printed and distributed by them.  Only other option is to drop it and have it go away leaving her to continue her unethical ways.  I have no choice but to allow the Board of Elections to print and publish my petition which will include her response.  I will walk around asking people to support me in having her recalled and hope they will look at what she wrote and see her words are just as good as her job performance as ANC – lacking anything really.

I want to make it clear I have no intentions of filling her seat if she is recalled or running for her seat. I do want to make it clear that our ANC should be ran and respected and that can only happen if Holly is no longer part of our commission.

Supporting Documentation In Support of Recalling ANC08 Commissioner Holly Muhammad

Supporting Documentation Supporting A Successful Recall of ANC08A Commissioner Holly Muhammad

This started when Holly without cause, warning discussion ejected me from my July 2021 ANC Meeting. I immediately requested the video and chat text be preserved and I send a letter to the Office of the ANC. The following PDF is the exchange of emails between Holly Muhammad and myself.

The Email String

Re_-Ejection-from-Tonights-Meeting-email-stringDownload

The FOIA Requests – All to this day have been ignored

FOIA-Request-of-July-13-1Download

Third Ignored FOIA request

Freedom-of-Information-Request-SignedDownload

Appeal to Executive office of Mayor for Ignored FOIA Responses

Appeal-August-14thDownload

Tom’s Hearing with BOE on Recall Petition

Complaint to AG Racine

Ltr-to-Attorney-General-Re-Holly-Muhammad-pdfDownload

Response from Attorney General’s Office

Re_-ANC8A-Matters-with-ANC-Commissioner-Holly-Muhammad-Download

Complaint to Inspector General

Ltr-to-Inspector-GeneralDownload

Tom’s Letter to District of Columbia –

To-the-Goverment-of-the-District-of-Columbia-1Download

OANC Response to Tom’s Letter To Gov’t of DC

Mr.-Grant-responseDownload

Tom’s Response To Mr. Grants Letter to Tom

Toms-Response-to-Mr.-GrantDownload

Recall Petition from BOE With Toms Notes

Recall-Petition-with-notesDownload

Tom withdrew first petition to immediatly submit updated second petition

Second-Recall-ApplicationsDownload

Commissioner Muhammad’s Second Response to second Recall Petition

To The Government of the District of Columbia

The BOE says go to OANC, OANC says to go to AG, AG  OAG tells me to go to ethics board, ethics board tells me to go to OANC.

An Emal to the District of Columbia April 22, 2022

This is just crazy. The District of Columbia Government appears to just want to pass the buck till I go away Or you are just as influenced by Holly Muhammad as the rest of the ANC08 Commissioners!

Tom Donohue
Small business Owner
Ward 8

The BOE says go to OANC, OANC says to go to AG, AG  OAG tells me to go to ethics board, ethics board tells me to go to OANC.

I’ve filed an updated petition Ms. Muhammad’s response is just – I honestly don’t have words. “He is a RACIST and hates Black Women and Muslims.” Besides being responsible (Theres no other explanation) for the attached flyer…

This process has been disgusting how this elected official can do this to a regular guy – not involved in politics yet is pushed into it to protect his rights and step up for what is right.

Can’t the District of Columbia do better than this?

Oh, I’ve also learned that this ANC08 commission has not filed quarterly financial reports for an entire year.  Sit on that too. See what happens.

Respectfully,

Tom Donohue
Small business owner
Ward 8
202-525-4390 x 102

OAG:

“This appears to be a matter for which the enforcement power would lie with other District government bodies rather than with this Office.  If the Chair is continuing to eject you from public meetings without ANC approval (see this letter we recently issued on a similar question: https://oag.dc.gov/sites/default/files/2021-11/ANC-2A01-Letter-re-Commissioners-Speaking-in-ANC-Meetings-.pdf), you should contact the Board of Ethics and Government Accountability.  Concerns about the conduct of an ANC Chair should also be brought to the other members of the ANC, since each ANC has the power to take appropriate action by a majority vote of its members.”

Joshua A. Turner
Assistant Attorney General
Legal Counsel Division
Office of the Attorney General for the District of Columbia

Board of Ethics and Government Accountability –

 Our review of this complaint indicates that the Office of Advisory Neighborhood Commissions, oanc@dc.gov , would be in the best position to address the issues raised in your complaint. We appreciate you taking the time to file this matter. However, we must respectfully decline to further investigate these allegations.

Ashley Cooks
Director of Government Ethics
Board of Ethics and Government Accountability

Office of Inspector General –

“The Office of Inspector General is in receipt of your complaint regarding the ANC and Commissioner Muhammad. However, the Office of Inspector General (OIG) does not have the authority over the enforcement of Freedom of Information Requests. Appeals are to be made to the Mayor’s Office, which you claim you have done. If you disagree with their opinion on the matter, you would need to take legal action. Additionally, the OIG has limited jurisdiction over ANC meetings or the conduct of commissioners unless it involves fraud realted to the use of District funds. Harrassment claims should be made to the Metropolitan Police Department. Thank you.”

Office of The Inspector General

t.

Collection-of-emailsDownload
65500776111__37AEA115-ADC6-496C-B39A-E7C982A4A659-1Download

    Donohue Calls for Financial Audit of ANC8A

    Ms. Muhammad’s refusal to allow the voters of this ANC from be heard by refusal to allow a period of time for community involvement directly conflicts with the intended purpose of why the ANC’s have been establish without this local participation from the voters these meetings are simply one way communication of only the information Ms. Muhammad would like to report

    This is an email that was sent by Tom Donohue to the DC Auditor General requesting that a full financial audit take place of ANC8A as a result of Muhammad restricting public comments, there being no record of meeting minutes or any financial reports/discussions and finally the entire ANC8A website being suspended.

    Ms. Patterson, 

    I am circling back with you to officially request pursuant to D.C. Code, Section 1-264( d), that your office, the Office of the District of Columbia Auditor conduct an audit of the financial operations and activities of Advisory Neighborhood Commission ANC8A effective immediately. The objective of this audit should be to determine whether ANC 8A’s financial accounts and operations are in compliance with the Advisory Neighborhood Commission Act of 1975 (ANC law), as amended, Financial Guidelines and Procedures issued by the Office of the District of Columbia Auditor, and legal opinions issued by the Office of the Corporation Counsel.
    I strongly urge your office act without delay as this matter is important to the voters of ANC8A I am unable to find meeting minutes, financial reports or even documentation that financial information is even discussed at the ANC meetings additionally at our previous meeting Ms. Muhammad restricted every member of the community from participating in any open forum by just not having any. Without the opportunity given for the residents to confront the ANC about these important matters they leave no choice but for me a resident and registered voter of this ANC to respectfully request and insist your office take immediate action on these matters and conduct an audit without delay. Your office is the only way accountability will be restored by way of transparency back to the voters. Ms. Muhammad’s refusal to allow the voters of this ANC to be heard by skipping past the community engagement part of the agenda directly conflicts with the intended purpose of why the ANC’s have been established. Without this local participation from the voters these meetings are simply one way communication of only the information Ms. Muhammad would like heard which apparently does not include anything that may hold her accountable.
    I am confident that your office will find these matters of concern and will respect my right to know what is happening within the apparent confidential inner workings of my commission and that you will share my concerns. I urge your office to take action and report back to the voters of this ANC any inconsistencies or alarming findings in your investigation. We have the right and your office has the obligation and authority to force compliance and provide the transparency which puts accountability back into the hands of the voters.
    I very much appreciate your understanding and support in this matter and I look forward to your acknowledgement and expected plan of action your office plans to take in relation to this request. I will of course be keeping my fellow neighbors up to date with your updates.

    Respectfully,

    Tom Donohue

    ANC8A Resident

    Ward 8 Small Business Owner