ORGANIZATIONAL STRUCTURE AND FUNCTIONS OF THE COMMISSION Exhibit A indicates the functions of the Commission's organizational units. JUSTIFICATIONS There is no basis for making an actual estimate of the workload of this Commission. However, after careful scrutiny of Public Law 85-315, which established the Commission and outlined its duties, the Commission feels that it has developed an organization plan and minimum expense estimate entirely consistent with the intent of the Congress. The three major tasks of the Commission set forth in Public Law 85-315, part 1, section 104 (a) are: The Commission shall-- (1) Investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; which writing, under oath or affirmation, shall set forth the facts upon which such belief or beliefs are based; (2) Study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution; and (3) Appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution. These duties have been allocated to five major offices and divisions. The personnel assigned to each will be in accordance with the workload receipts insofar as section 104 (a) (1) is concerned, and in accordance with policies and programs after the Commission has had an opportunity to organize and confer with the public advisory committees as provided for in part 1, section 105 (c) of Public Law 85-315. The Commission is seeking no more funds than are essential to competent discharge of the factfinding and legal-analysis tasks which have been assigned by the Congress. In this connection, it should be pointed out that section 105 (b) provides that "The Commission shall not accept or utilize services of voluntary or uncompensated personnel ***." Funds required above $590,000 for personal services will be expended for such items as communications, supplies and materials, printing and reproduction, rents and utilities, etc. Contractual services payments will include fees, mileage reimbursement and per diem for witnesses as required in part 1, section 102 (j). Travel expenses will be incurred by the members of the Commission under section 103 (a) in traveling between their residences and place of duty. In addition, section 102 (k) provides the Commission may only subpena witnesses and records in the State in which they are located, thus requiring frequent reimbursable travel on the part of the Commission's counsel and other staff. The estimated budget for the Commission submitted for fiscal year 1959 is $750,000 for all salaries and expenses. Detailed justification of the classification by object is attached as exhibit B. EXHIBIT A OFFICE OF THE STAFF DIRECTOR The staff director is the Commission's top-level official. He is responsible for planning, organizing, operating and reporting on all programs, functions or activities of the Commission; for developing and recommending top-level policies for Commission action; for providing leadership to the heads of divisions and offices so that teamwork, efficiency, and effectiveness will be assured; for selecting or recommending the selection of supervisory officials of the Commission; and for initiating and carrying to completion, under the general direction of the Commissioners, the statutory duties and responsibilities of the Commission. THE SECRETARIAT AND LIAISON OFFICE Functions: (1) To serve as the Commission's liaison office with State organizations, citizens' committees, and public, social, and minority groups, including the administration of a program designed to establish and obtain maximum benefits from public and citizen advisory committees; (2) to serve as the public-information office of the Commission including the preparation of releases of information to the press, news commentators, and others who are entitled to and should know about the Commission's organization, programs, and progress; and (3) to be responsible for the secretariat and administrative-services functions of the Commission. FUNCTIONS OF THE SURVEY DIVISION To investigate and verify the facts on written allegations that citizens are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin, as directed by section 104 (a) (1) of Public Law 85-315; to make comprehensive fact-finding surveys of all relevant information "upon which such belief or beliefs are based"; and to prepare field reports disclosing the results of these investigations and surveys, and such inquiries as may be necessary to develop facts for the determination of the policies of the Federal Government with respect to equal protection of the laws, pursuant to section 104 (a) (3) of Public Law 85-315. This is the fieldwork of the Commission and, for the most part, is done outside of the Washington headquarters office. FUNCTIONS OF THE LEGAL DIVISION The Legal Division is responsible for rendering legal advice to the members and officials of the Commission; for making operating decisions on policies, methods, or procedures which call for the application and interpretation of existing laws, Executive orders, or court decisions; for devising questionnaires, forms, and instructions to be used by citizens who wish to submit written allegations concerning deprivations of the right to vote; to plan, organize, conduct, and report on a study and appraisal of the laws and policies of the Federal Government with respect to equal protection under the Constitution, and a similar study concerning legal developments which constitute a denial of equal protection of the laws, as directed by sections 104 (a) (3) and 104 (a) (2) of Public Law 85-315; to prepare for Commission adoption, the rules governing the conduct of hearings, the utilization of witnesses and the rules of practice for securing evidence, and for admitting testimony at hearings; to advise Commissioners holding hearings, on the preparation and use of subpenas, the admission of evidence, and the interpretation of laws, regulations, and court decisions; and to assist in the preparation of interim and final reports to be submitted by the Commission to the President and to the Congress. FUNCTIONS OF THE REPORTS AND ANALYSIS DIVISION To receive, docket, and analyze written allegations that citizens are being deprived of their right to vote by reason of their color, race, religion or national origin; To acknowledge receipt of or prepare final replies to them whenever they fail to meet requirements or to present a case which warrants an investigation or a hearing; To prepare instructions to field investigators on the other cases-setting forth the points on which additional facts, testimony, or evidence is needed, and to refer the case for investigation, or recommend direct reference for a hearing. Upon receipt of field reports of investigations, to compile, summarize and analyze all the assembled facts; and to prepare comprehensive reports as may be required under the provisions of section 104 of Public Law 85–315. FUNCTIONS OF THE RESEARCH AND PLANNING DIVISION To initiate and develop plans, based on research, for the guidance of the Secretariat in organizing and advising the public advisory committees, and in securing citizen participation and interest in the statutory problems of the Commission; To secure, through oral or written invitation, significant available written reports, current legislative recommendations, speeches and other information, from existing governmental and nongovernmental local, State, and National organizations, individuals and institutions, whose interests include but are not necessarily limited to the protection, promotion, curtailment, extension, enforcement or study of civil rights; To prepare summaries and topical analyses of this information, particularly to indicate interest in the field of civil rights, differences with respect to geographical, urban and rural areas, and historic background, and in such other manner as may be directed; To provide this and other information of nonlegal, factual nature having material significance to the work of the Commission under the statute to other components of the Commission, particularly to the Secretariat for assistance to the public advisory committees and to the Reports and Analysis Division for its consideration in preparing the Commission's reports which shall be made to the President and to the Congress. 01 Personal services.. EXHIBIT B This request provides for an average employment of 70 persons. This consists of 6 part-time Commissioners (5 of whom will be paid), assistants for each of the Commissioners, the Staff Director provided by law, a secretary to the Commission and an administrative assistant. The 4 divisions (Legal, Surveys, Research and Planning, and Reports and Analysis) will have a total of 40 employees. In addition, a pool of 23 clerical and secretarial employees will be provided to service all parts of the Commission. 02 Travel In carrying out its responsibilities, the Commission will probably investigate allegations regarding the violations of civil rights and collect other information in various States and localities. This will require travel on the part of investigators and members of the Commission, their counsel and other staff in holding hearings. While the Commission's program has not been determined in detail, an accurate estimate of the number of persons traveling and the travel time is not available. However, the estimate for travel is considered reasonable. 03 Transportation of things. This item is primarily to cover the transportation of records and reference material necessary to conduct hearings. The holding of hearings in various localities increases transportation costs and accounts for the size of this estimate. 04 Communication services... This item will cover the cost of telephone service at the Commission's headquarters office here in the District of Columbia and the costs of communications with its personnel assigned in the field. 05 Rents and utilities.. In holding hearings in different geographical locations, it is likely that Government space will not be available. To provide for the rental of facilities adequate for hearing purposes, an estimate of $8,000 is included here. 06 Printing and reproduction. This item is to cover costs that may be connected with the printing of the Commission's rules which the law requires must be available to witnesses, the record of the Commission's proceedings and various interim reports that the Commission may make to the President and to the Congress during the fiscal year. 07 Other contractual services In order to record the Commission's proceedings during hearings, it is necessary to obtain the services of a court reporter. The extent to which reporting services will be necessary will, of course, be determined by the number of hearings that the Commission might hold. It is not possible at this time to predict this. Costs connected with witnesses are also covered in this item. The Commission is required to pay witnesses who appear before it a fee and, under certain circumstances, mileage and per diem. An estimate of the number of witnesses is not possible at this time. Because of the Commission's size and its short tenure, administrative services are being provided by a permanent agency on a reimbursable basis. This cost is included in the estimate for this item. 08 Supplies and materials 09 15 It is estimated that this amount will be required to furnish sup- It is expected that this amount will be required in order to furnish It is estimated that this amount will be required to pay the Government's share of social-security costs for those members of the staff who may not be covered by civil-service retirement. $590, 000 40, 000 5, 000 8, 000 8, 000 40, 000 40,000 10, 000 5,000 4, 000 THE ORGANIZATION AND WORK OF THE COMMISSION ON CIVIL RIGHTS THE CREATION AND MEMBERSHIP OF THE COMMISSION ON CIVIL RIGHTS This Commission is established under the provisions of section 101 of the Civil Rights Act of 1957, Public Law 85-315, approved September 9, 1957. This act provides for the creation of the Commission on Civil Rights, as an independent agency, within the executive branch of the Federal Government. There are six members on the Commission. They are appointed by the President by and with the advice and consent of the Senate. Not more than three of the members can be of the same political party. The President designates a Chairman and Vice Chairman from among the six Commissioners. The Commissioners are: Chairman: John A. Hannah, president, Michigan State University Vice Chairman: Robert G. Storey, dean, Southern Methodist Law School, former president of American Bar Association Commissioners: John S. Battle, former Governor of Virginia, member of the bar, Commonwealth of Virginia Doyle E. Carlton, former Governor of Florida, member of the bar, State of Rev. Theodore M. Hesburgh, C. S. C., president, University of Notre Dame The Commissioners serve on a part-time basis, devoting time and attention to Commission work, as, if, and when needed. THE OPERATING RESPONSIBILITIES The day-to-day operating responsibilities are assigned to a full-time staff director, who, like the Commissioners, is appointed by the President, by and with the advice and consent of the Senate. THE DUTIES OF THE COMMISSION Briefly, the Commission on Civil Rights shall: (1) Investigate allegations that citizens are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; (2) Study and collect information concerning legal developments which constitute a denial of equal protection of the laws under the Constitution; (3) Appraise the laws and policies of the Federal Government with respect to equal protection of the laws under the Constitution; (4) Prepare and submit interim reports to the President and the Congress and a final and comprehensive report of its activities, findings, and recommendations by September 9, 1959. THE POWERS OF THE COMMISSION The Commission may: Constitute such advisory committees within States composed of citizens of that State and may consult with governors, attorneys general, and other representatives of State and local governments, and private organizations, as it deems advisable; or on the authorization of the Commission any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of the act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpenas for the attendance and testimony of witnesses or the production of written or other matter may be issued in accordance with the rules of the Commission as contained in section 102 (j) and (k) of this act, over the signatures of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman, THE ORGANIZATION STRUCTURE OF THE COMMISSION These functions are allocated to the offices and divisions shown on the organizational chart which follows: |