COMMITTEE ON THE DISTRICT OF COLUMBIA JOHN L. MCMILLAN, South Carolina, Chairman THOMAS G. ABERNETHY, Mississippi BASIL L. WHITENER, North Carolina CHARLES C. DIGGS, JR., Michigan DONALD M. FRASER, Minnesota BROCK ADAMS, Washington E. S. JOHNNY WALKER, New Mexico ANCHER NELSEN, Minnesota CHARLES MCC. MATHIAS, JR., Maryland SAM STEIGER, Arizona JAMES T. CLARK, Clerk CLAYTON S. GASQUE, Staff Director HAYDEN S. GARBER, Counsel (II) CONTENTS H.R. 14430 (McMillan, Abernethy, Dowdy, Hagan, Fuqua, O'Konski, H.R. 14448 (Whitener), identical bill. STATEMENTS American Federation of Government Employees: Jordan, Norman E., president, Lodge 185.......... Koczark, Stephen, assistant research director.. Moore, Howard J., vice president, Lodge 185. Sadler, Carl, legislative representative_ Van Tassel, Charles H., Secretary/Treasurer, Lodge 185. Broyhill, Hon. Joel T., a Representative in Congress from the State of Layton, John B., Chief, Metropolitan Police Department. District of Columbia Police Wives' Association, Inc., Mrs. Barbara New- Whitener, Hon. Basil, a Representative in Congress from the State of North Carolina, remarks in House on May 23, 1968 on the denial by the National MATERIAL SUBMITTED FOR THE RECORD Anacostia Citizens Association, Inc., Charles J. Piper, president, letter to Citizens Advisory Council, Nicholas B. Addams, Chairman and others, including 93 petitioners, letter dated Aug. 2, 1968, to Chief John B. Agreement dated May 10, 1968 with Southern Christian Leader- ship Conference for permit for Resurrection City camping--. Letter to Chairman McMillan dated Oct. 8, 1968, supplying District of Columbia Government: Grant, Dr. Murray, Director, Department of Public Health, letter Layton, Chief John B., Metropolitan Police Department: to Chairman McMillan dated Jan. 22, 1968, reporting on the proposed legislation_ District of Columbia Police Wives' Association, Inc.: Letter dated July 30, 1968 to Chief of Police.. Letter dated Sept. 5, 1968 to Hon. John W. Hechinger, Chairman, Federation of Citizens Associations of the District of Columbia, resolution Letter dated August 1, 1968 to Cong. Broyhill and petition supporting Statement supporting legislation_ Policemen's Association of the District of Columbia: Letter to Chairman McMillan, dated August 1, 1968 respecting criticism of Chief Layton by the Democratic Central Committee, and statement of the Executive Committee of the Association thereon_.. Press release of July 9, 1968 Poor People's Campaign (Resurrection City): Agreement of May 10, 1968 with National Park Service... Costs to the National Park Service and other departments. 149 Smithsonian Institution, James Bradley, Acting Secretary, letter to 119 Treasury Department, Fred B. Smith, General Counsel, letter to Chair- 124 Article dated Apr. 14, 1967, entitled "Hobson Declares ACT Will Article dated July 30, 1968, entitled "Terry Urges Layton Ouster- WASHINGTON POST: Article dated July 6, 1968, entitled "Slaying of Police Defended- Article dated July 30, 1968, entitled "Oust Layton for Negro, Demo- WASHINGTONIAN, article dated June 1966, entitled "Too Many ChiefsNine Independent Police Forces Do Not Necessarily Give Us More Protection". APPENDIX Code of Federal Regulations: Title 36, Chapter 1, National Park Service; 149 Staff Memorandum, May 15, 1968: The April 1968 Civil Disturbances in 131 Arrests by Metropolitan Police Department, March 30-April 14, 1968- 137 132 Estimates of costs and revenue losses to the District of Columbia government... 132 Estimates of costs of Federalizing the National Guard and bringing in Army troops.. 136 Estimates of hotel and business losses_ 138 Fires and false alarms, March 30-April 14, 1968.. 137 Troops called out in Civil Disturbances:" Authority for Use of Troops in the Suppression of Riots. 136 139 TO ESTABLISH A COMMISSIONER OF POLICE FOR THE DISTRICT OF COLUMBIA WEDNESDAY, JULY 24, 1968 HOUSE OF REPRESENTATIVES, COMMITTEE ON THE DISTRICT OF COLUMBIA, Washington, D.C. The committee met, pursuant to notice, at 10:30 o'clock a.m., in Room 1310 Longworth House Office Building, Hon. John L. McMillan, chairman of the committee, presiding. Present: Representatives McMillan (chairman), Dowdy, Whitener, Sisk, Jacobs, Walker, Nelsen, Harsha, Broyhill, Winn, Gude, and Zwach. Also present: James T. Clark, Clerk; Hayden S. Garber, Counsel; Sara Watson, Assistant Counsel; Donald Tubridy, Minority Clerk; and Leonard O. Hilder, Investigator. The CHAIRMAN. The committee will be in order. The hearing this morning is on H.R. 14430 and H.R. 14448, to establish a Commissioner of Police for the District of Columbia. (H.R. 14430 and H.R. 14448 follow :) H.R. 14430, 90th Cong., 2d Sess., by Messrs. McMillan, Abernethy, Dowdy, Hagan, Fuqua, O'Konski, Winn, Steiger and Broyhill; and H.R. 14448, by Mr. Whitener, on Dec. 13, 1967. A BILL To establish a Commissioner of Police for the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is established in the government of the District of Columbia an independent office with the title of "Commissioner of Police in the District of Columbia". The officer who holds that office shall be known as the "Police Commissioner". The Police Commissioner shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate, acting jointly, for a term of four years. Any appointment made to fill a vacancy in such office shall be made in the same manner as the original appointment. Any Police Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A Police Commissioner may continue in office after the expiration of his term of office until his successor is appointed and qualifies. The Police Commissioner is subject to removal by the Speaker of the House of Representatives and the President pro tempore of the Senate, acting jointly, for inefficiency, neglect of duty, or malfeasance in office. The Police Commissioner shall receive compensation at the rate of $28,730 per annum. SEC. 2. (a) There are transferred to the Police Commissioner the functions, powers, and duties of— (1) the Commissioner of the District of Columbia and the District of Columbia Council with respect to the Metropolitan Police force; (2) the Secretary of the Interior with respect to the United States Park Police in the District of Columbia; (3) the Secretary of the Treasury with respect to the White House Police; (4) the Sergeants at Arms of the House of Representatives and the Senate and the Capitol Police Board with respect to the Capitol police; and (5) the Secretary of the Smithsonian Institution with respect to the National Zoological Park police force. (b) The Police Commissioner may establish such review boards as he deems advisable. The Police Commissioner may appoint and fix the compensation of such personnel as he deems advisable to carry out his functions, powers, and duties under this Act, subject to the provisions of title 5, United States Code, relating to appointments in the competitive service, classification, and General Schedule pay rates. (c) As soon as practicable after the date of the enactment of this Act, the Police Commissioner shall make recommendations to Congress for the enactment of such legislation as may be necessary to make the police forces under his jurisdiction subject to the same provisions for appointments, promotions, dismissals, compensation, retirement, and similar matters. (d) Nothing in this Act shall be construed to— (1) authorize the Police Commissioner to combine any of the police forces under his jurisdiction or transfer any officer or member of a police force under his jurisdiction to a position in another police force under his jurisdiction without the prior consent of such officer or member; or (2) affect the rights and privileges under personnel laws and regulations in effect before the date of the enactment of this Act of any officer or member of a police force under the jurisdiction of the Police Commissioner. SEC. 3. (a) There is established the Police Commissioner's Advisory Commission (hereafter in this section referred to as the "Commission"). The Commission shall at the request of the Police Commissioner advise him with respect to the performance of his functions, powers, and duties. (b) The Commission shall be composed of nine members appointed by the chairman of the Committees on the District of Columbia of the House of Repre sentatives and the Senate, acting jointly. At any time at least five members of the Commission must be individuals who were residents of the District of Columbia for a period of three years prior to the date of their appointment to the Commission. A vacancy in the Commission shall be filled in the same manner as the original appointment was made. (c) (1) Except as provided in paragraphs (2) and (3), members shall be appointed for terms of three years. (2) Of the members first appointed (A) three shall be appointed for terms of one year, (B) three shall be appointed for terms of two years, and as designated at the time of appointment. (3) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. (d) (1) Except as provided in paragraph (2), members of the Commission shall each be entitled to receive $75 for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Commission. (2) Members of the Commission who are full-time officers or employees of the United States or the District of Columbia shall receive no additional compensation on account of their service on the Commission. (3) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703 (b) of title 5, United States Code, for persons in the Government service employed intermittently. The CHAIRMAN. The first witness we shall hear is our colleague, the Honorable Joel T. Broyhill, of Virginia, one of the sponsors of the legislation. |