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(b) The Deputy Managing Director shall be paid at a rate equal to the rate of step 4 of GS-17 of the General Schedule under section 5332 of tile 5, United States Code.
SEC. 203. There are hereby transferred to the Department of Management all functions of the Department of General Administration and the latter Depart. ment is hereby abolished.
SEC. 204. The Managing Director is authorized to make from time to time such provisions as he deems appropriate to authorize performance of his func tions by any other officer or employee of the government of the District of Columbia, except the courts thereof.
TITLE III-ELECTION OF MEMBERS OF BOARD OF EDUCATION
Sec. 301. (a) Section 2 of the Act entitled "An Act to fix and regulate the salaries of teachers, school officers, and other employees of the board of education of the District of Columbia”, approved June 20, 1906 (D.C. Code, sec. 31101), is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following:
"SEC. 2. (a) The control of the public schools of the District of Columbia is vested in a board of education to consist of nine members elected on a nonpartisan basis in accordance with the District of Columbia Election Act.
“(b) Of the members of the board of education initially elected, four shall serve for terms of two years and five for terms of four years. The member who shall serve for terms of two years shall be determined by lot. The term of office of a member of the board of education elected at a general election shall begin on the fourth Monday in January next following such election.
"(c) Each member of the board of education at the time of his nomination shall (1) be a qualified elector (as that term is defined in section 2 of the District of Columbia Election Act) in the ward from which he seeks election, (2) have, for the one-year period immediately preceding his nomination, resided in the ward from which he is nominated, (3) have, during the three years next preceding his nomination, been an actual resident of the District of Columbia and have during such period claimed residence nowhere else, (4) hold no other elec tive office, and (5) hold no position as an officer or employee of the government of the District of Columbia or of the Federal Government or any appointive position, for which compensation is provided out of District or Federal funds. A member shall forfeit his office upon failure to maintain the qualifications required by this subsection.
"(d) Except as provided in subsections (b) and (e) of this section, every member's term shall be for four years and shall expire on the fourth Monday in January. A member may serve until his successor has taken the oath of office and may serve more than one term.
"(e) Each membership vacated before the expiration of the last incumbent's term shall be filled by election (pursuant to section 10(d) of the District of Columbia Election Act) for an interim term equal to the unexpired portion of the last incumbent's term.
“(f) The board of education shall appoint a secretary, who shall not be a member of the board of education, and they shall hold stated meetings at least once a month during the school year and such additional meetings as they may from time to time provide for. All meetings of the board of education shall be once a month during the school year and such additional meetings as they may teachers.”
(b) The third, fourth, and fifth paragraphs of such section 2 are redesignated as subsections (g), (h), and (i), respectively.
Sec. 302. The Act entitled "An Act to regulate the election of delegates representing the District of Columbia to national political conventions, and for other purposes”, approved August 12, 1955 (D.C. Code, sec. 1-1101 et seq.), is amended as follows:
(1) The first section of the Act (D.C. Code, sec. 1-1101) is amended by inserting immediately after “Vice President of the United States" the following: ", the members of the board of education of the District of Columbia,".
(2) Paragraph (4) of section 5(a) of the Act (D.C. Code, sec. 1-1105(a) (4))' is amended to read as follows:
“(4) divide the District into nine compact and contiguous wards of approximately equal population, and establish voting precincts therein, each such voting precinct to contain at least three hundred and fifty registered
voters, and reapportion the wards according to population after each decen
nial census:". (3) Section 7 of the Act (D.C. Code, sec. 1-1107) is amended by inserting after subsection (e) the following new subsection :
"(f) A person shall be entitled to vote in any election of a member of the board of education if he meets the requirements of subsection (a) of the section, and if in addition he files an affidavit that he resides in the ward in which he wishes to vote. Such affidavit must be filed with the Board of Elections not less than seven days before such election. A person who moves his residence from one ward to another shall be entitled to vote in the ward to which he moved seven days after filing with the Board of Elections an affidavit of change of residence, but shall not be entitled to vote in the ward from which he moved more than one month after quitting his former residence or more than seven days after he files an affidavit of change of residence, whichever is sooner. Absentees may vote in the wards in which they last resided."
(4) Section 7(e) of the Act (D.C. Code, sec. 1-1107(e)) is amended by striking out “Municipal Court for the District of Columbia" and inserting “District of Columbia Court of General Sessions”.
(5) Section 8 of such Act (D.C. Code, sec. 1-1108) is amended by adding the following new subsections:
"(h) The members of the board of education shall be elected by the qualified electors of the respective wards of the District of Columbia from which the members have been nominated. The nomination and election of a member of the board of education, and candidates for such office, shall be governed by the provisions of this Act.
“(i) Each candidate in a general election for member of the board of education shall be nominated for such office by a petition (1) filed with the Board of Elections not later than thirty days before the date of such general election ; (2) signed by no less than two hundred and fifty persons who are duly registered under section 7 in the ward from which the candidate seeks election; and (3) accompanied by a filing fee of $100. Such fee may be refunded only in the event that the candidate withdraws his nomination by writing received by the Board of Elections not later than three days after the date on which nominations are closed. The Board of Elections may prescribe rules with respect to the preparation and presentation of nominating petitions and the posting and disposition of filing fees. The Board of Elections shall arrange the ballot so as to enable a voter to vote for any one duly nominated candidate for the board of education.
“(j) (1) The Board of Elections is authorized to accept any nominating petition as bona fide with respect to the qualifications of the signatories thereto if the original or facsimile thereof has been posted in a suitable public place for at least ten days. Any qualified elector may within such ten-day period challenge the validity of any petition by a written statement duly signed by the challenger and filed with the Board of Elections and specifying concisely the alleged defects in such petition. Copy of such challenge shall be sent by the Board of Elections promptly to the person designated for the purpose in the nominating petition.
“(2) The Board of Elections shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged nominating petition not less than eight days after the challenge has been filed. Within three days after announcement of the determination of the Board of Elections with respect to the validity of the nominating petition, either the challenger or any person named in the challenged petition as a nominee may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination. The Court shall expedite consideration of the matter and the decision of such Court shall be final and not appealable.
“(k) In any election, the order in which the names of the candidates for office appear on the ballot shall be determined by lot, upon a date or dates and under regulations prescribed by the Board of Elections." (6) Section 9 of the Act (D.C. Code, sec. 1-1109) is amended
(A) by striking out "The vote" in the first sentence of subsection (b) and inserting “Except as otherwise provided by regulation of the Board of Elections, the vote", and by striking out "for electors of President and Vice President" in the second sentence of such subsection; and
(B) by striking out "Municipal Court for the District of Columbia” in subsection (e) and inserting "District of Columbia Court of General Sessions".
(7) Section 10 of the Act (D.C. Code, section 1-1110) is amended,
(A) by striking out the second and third sentences of paragraph (1) of subsection (a) and the second sentence of paragraph (2) of such subsection;
(B) by adding at the end of subsection (a) the following new paragraphs: “(3). Except as otherwise provided in the case of special elections, a general election for members of the board of education shall be held on the Tuesday next after the first Monday in the month of November which is in an even-numbered calendar year and which begins more than ninety days after the date of the enactment of this paragraph and on the Tuesday next after the first Monday in November of each even-numbered calendar year thereafter.
“(4) If no candidate for the office of member of the board of education receives a majority of the votes validly cast in the ward from which he was nominated, a runoff election shall be held in such ward of the twenty-first day following the date of the election in which such votes were cast. The two candidates who received respectively the highest number and the second highest number of votes validly cast in such ward shall run in such runofi election, except that if more than two candidates receives the same number of votes validly cast in such ward and the number of votes validly cast for each such candidate was higher than the number of votes validly cast in such ward for any other candidate, all the candidates who received the highest number of votes validly cast in such ward may run in such runoff election. If in any case (other than the one described in the preceding sentence) a tie vote must be resolved to determine the two candidates who received respectively the highest number and the second highest number of votes, the Board of Elections may resolve such tie vote by requiring the candidates receiving the tie vote to cast lots at such time and in such manner as the Board of Elections may prescribe.
(C) by amending subsection (b) to read as follows: "(b) All elections prescribed by this Act shall be conducted by the Board of Elections in conformity with the provisions of this Act. In all elections held pursuant to this Act the polls shall be open from 8 o'clock antimeridian to 8 o'clock post meridian. Candidates reeiving the highest number of votes in elections held pursuant to this Act shall be declared the winners, except when otherwise required by the provisions of subsection (a) (4) of this section.";
(D) by inserting after “In the case of a tie" in subsection (c) the following: "vote in any election other than an election for members of the board of education,"; and
(E) by inserting after “official" in subsection (d) the following: “, other than a member of the board of education,” and by adding at the end of such subsection the following: “In the event that such a vacancy occurs in the office of a member of the board of education, the Board of Elections shall call special elections to fill such a vacancy for the remainder of the term but no such vacancy shall be filled which occurs within five months of the expiration of the term.” (8) The following new sections shall be added at the end of such Act:
"SEC. 15. No person shall be a candidate for more than one office in any election. If a person is nominated for more than one office, he shall, within three days after the last day on which nominations may be made, notify the Board of Elections, in writing, for which office he elects to run.
"SEC. 16. This Act may be cited as the 'District of Columbia Election Act'."
SEC. 303. The term of office of the members of the board of education appointed under section 2 of the Act of June 20, 1906, before the date of the enactment of this Act shall terminate on the date on which at least five of the members first elected to the board of education take office.
STATEMENT OF HON. CLARENCE J. BROWN, JR., A REPRESENT
ATIVE IN CONGRESS FROM THE STATE OF OHIO
Mr. BROWN. Mr. Chairman, I shall read from a prepared statement. I have copies of the statement on the way. They are being completed in my office.
Mr. MCMILLAN. Proceed.
Mr. Brown. Mr. Chairman, I am Clarence J. Brown, Jr., Republican Member of Congress from Ohio's Seventh District. I serve as a member of the Committee on Interstate and Foreign Commerce and the Committee on Government Operations.
In this latter assignment I serve on the Subcommittee on Executive and Legislative Reorganization which has held hearings on Reorganization Plan No. 3 submitted to the Congress by President Johnson in the hope of changing those aspects of the District of Columbia which he deems to be within the scope of the powers granted by the Reorganization Act of 1949. That Reorganization Act was an outgrowth of the Joint Commission on the Reorganization of the Executive Branch of the Federal Government, commonly called the Hoover Commission.
As some of the members of this distinguished committee are aware, my late father who preceded me in Congress, was the legislative father of the Hoover Commissions and served on both of them. For this reason, I may have more than an ordinary interest in the procedures of government organization and reorganization, and particularly in the implementation of changes in government organization through the legislative procedures growing out of the Hoover Commission studies. In this connection, may I digress from the main point of this hearing to say that I do not feel that it was the aim of my predecessor or most other members of the Hoover Commissions that the reverse legislative procedure of Presidential reorganization plans be used for shortcircuiting the normal legislative process in order to make sweeping or fundamental changes of law which were not directly and primarily related to economy and efficiency within the Executive Branch.
In that Reorganization Plan No. 3 has as its objective an increase in the efficiency of the government of the District of Columbia and the accomplishment of economies in the operation of that government, for the benefit of taxpayers throughout the nation as well as the District, then its submission as a reorganization plan and its consideration by the Government Operations Committee is fully appropriate. In that it represents an effort to avoid the normal legislative process and the full consideration of this committee in its purview over fundamental matters relating to the government of the District of Columbia, I think it is a corruption of the objectives of the Reorganization Act of 1949. Moving toward "home rule” may be a laudable
objective and it may contribute to the economy and efficiency of the District government, but its study and accomplishment deserves more Congressional consideration than the Reorganizational Plan approach permits. Under the Reorganization Plan, the Congress has only 60 days to veto the President's plan; otherwise the plan becomes law. During the 60 days of consideration neither the Congress nor the President can change a jot or tittle of the plan he has proposed.
While I do not like the idea of the Congress being placed in the purely negative role of exercising only a veto over a law in whose preparation it did not participate and being obliged to work against à deadline such as this, I do think the proposal of Reorganization Plan No. 3 has had a desirable result. It has forced all Members of Congress to think about the structure of government in the District of Columbia and it has brought District government reorganization into active consideration before this committee as well as the Government Operations Committee.
In my opinion, the hearings before both committees have established that the President's plan leaves much to be desired. As a matter of fact, I have serious reservations that its becoming law would represent a net improvement at all in the government of the District. After hearing testimony before my own committee, reading testimony and accounts of testimony before the House District Committee, and discussing the matter with colleagues and staff members of both committees, I feel strongly that the necessary improvements in District government can and will only be made in the normal legislative process.
It is for this reason that I introduce my bill, H.R. 11555. I feel that it represents a substantial improvement over the present government organization of the District and is much broader and far-reaching than Reorganization Plan No. 3 (or than any plan advanced through the reorganization act procedure could be).
I also introduced my bill because I have an interest in Washington which may be somewhat deeper than that of the average Member of Congress who represents a constituency 500 or so miles away. I moved to this city at the age of 11 in 1939 when my father first came to Congress. I lived here almost continually until I graduated from Western High School and have had personal connections with family and friends here since. While I was away at college and again when I was overseas in the Korean war, my mother sent me the Evening Star as a hometown paper. So, during the past 28 years, I have maintained a fundamental interest in matters relating to the District and its government. I have many fond memories of a carefree youth in a relatively innocent and quiet prewar community. And I have seen it grow, expand and improve in some ways. But I have also watched it decline and deteriorate in many other ways.
During this period, there have been no very fundamental changes in the organization of the D.C. municipal government. But there has been a rather significant increase in the influence of the White House on the internal workings of that municipal government. And, during that same period, it seems the Congress and the District Committee have more and more been relieved of their responsibilities to the District by the White House.
While I think there are worse governed cities in the nation, I share the view of many others who feel that this city's government could have been and can be better than it has been. It occurs to me that during the past 30 years the Commissioners might have been able to come up with some significant reorganization recommendations of their own. The Congress has considered alternatives from time to time, but divergent viewpoints within the Congress have had a way of becoming so fragmented that nothing has been done.
So I must say that I looked forward to the leadership of the President's Plan with some hope, only to be disappointed. It does not meet the tests of responsiveness to the citizenry, decisiveness and efficiency. I will not labor the faults of Reorganization Plan No. 3 other than to note that it concentrates control of D.C. government more than ever in the White House by having a single full-time Commissioner, serving at the President's pleasure, nine part-time councilmen and the administrative assistant—all named by the White House. The Commissioner would not have power to remove his assistant, and neither