A BILL To amend the District of Columbia Public School Food Services Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated not to exceed $148,000 from the general fund of the Government of the District of Columbia to supplement the salaries of employees in the Department of Food Services of the Public Schools of the District of Columbia in such amounts as are determined by the Commissioner of the District of Columbia, for the period beginning February 11, 1968 and ending June 30, 1968.

SEC. 2. The first sentence of section 2(d) of the District of Columbia Public School Food Services Act (65 Stat. 367; D.C. Code, sec. 31-1402), is amended by striking "at rates of pay to be fixed by said Board" and inserting in lieu thereof the following: ". The rates of pay for such personnel shall be fixed by said Board, in cooperation with and subject to the concurrence of the Commissioner of the District of Columbia,”.

SEC. 3. Section 5 of such Act (65 Stat. 369; D.C. Code, sec. 31-1404( is amended by striking the last sentence and inserting in lieu thereof the following: "The Food Services Fund shall be available for the purchase of foods, supplies, and all other services and expenditures of whatever nature which are necessary for the conduct of the Department of Food Services, including the operation and maintenance of motor trucks.“

SEC. 4. Section 6 of such Act, as amended (65 Stat. 339; D.C. Code, sec. 311405), is amended to read as follows: "Appropriations are authorized for the payment of compensation for all personal services necessary for the conduct of the Department of Food Services in the public schools of the District of Columbia and Government contributions to related insurance costs, and for the acquisition, maintenance, and replacement of equipment used or acquired for use in the conduct of the Department of Food Services in the public schools of the District of Columbia."

SEC. 5. (a) Retroactive compensation or salary is hereby authorized and shall be paid by reason of this Act only in the case of an individual in the service of the Board of Education of the District of Columbia (including service in the Armed Forces of the United States) on the date of enactment of this Act, except that such retroactive compensaion or salary shall be paid (1) to any employee covered in this Act who retired during the period beginning on February 11, 1968, and ending on the date of enactment of this Act, for services rendered during such period, and (2) in accordance with the provisions of subchapter 8 of chapter 55 of title 5, United States Code (relating to settlement of accounts of deceased employees), for services rendered during the period beginning on February 11, 1968, and ending on the date of enactment of this Act, by any such employee who dies during such period.

(b) For purposes of this section, service in the Armed Forces of the United States in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and services, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the municipal government of the District of Columbia.

SEC. 6. For the purpose of determining the amount of insurance for which an individual is eligible under the provisions of chapter 87 of title 5. United States Code (relating to Government employees group life insurance), all changes in rates of compensation or salary which result from the enactment of this Act shall be held and considered to be effective as of the date of enactment of this Act.

SEC. 7. Sections 2, 3, and 4 of this Act shall be effective July 1, 1968.

Mr. SISK. Along with that, without objection, I would like to have a copy of the Present Salary Schedule for Food Service Department Employees (Effective September 12, 1966), and also the Proposed Salary Schedule for Food Service Department Employees, made a part of the record.

(The material referred to follows:)

1. PRESENT SALARY SCHEDULE FOR FOOD SERVICE DEPARTMENT EMPLOYEES (EFFECTIVE SEPTEMBER 12, 1966)

II. PROPOSED SALARY SCHEDULE FOR FOOD SERVICE DEPARTMENT EMPLOYEES

Mr. SISK. Also, a copy of a letter written to the present occupant of the Chair, on July 16, 1968, signed by the Mayor, Walter E. Washington. It actually outlines some of the problems. The letter is brief, and I will read it.

(Reading):

"GOVERNMENT OF THE DISTRICT OF COLUMBIA,

"EXECUTIVE OFFICE. "Washington, D.C. 20004. “July 16, 1968.

"The Honorable B. F. SISK, "Chairman, Subcommittee No. 5. Committee on the District of Columbia, United States House of Representatives, Washington, D.C.

"DEAR MR. SISK: In connection with your consideration of S. 2012, a bill To amend the District of Columbia Public School Food Services Act' passed by the Senate October 10, 1967, we desire to submit the following information.

"The bill, as passed by the Senate, authorizes appropriations of public funds (1) to pay salaries and related costs of operating the Office of Central Manage ment of the Food Services Department in the public schools and (2) to pay for lunches for needy school children who are not receiving public as-i-tance.

"The Office of Central Management contains twelve positions and the cost of putting these positions under general appropriations rather than under the Food Services Fund would be $100,000. Although the District supports this provision, we found it necessary to recommend that the salaries of all the food service workers be paid from appropriated monies, rather than from the Food Services Fund. This would permit a much needed increase in the salaries of these workers. The District recommended that S. 2012 be amended to include all these positions in our letters to Mr. McMillan dated May 16 and May 27. We recommended that funds be appropriated to pay for increases retroactive to February, 1968, in view of the provisions of recent pay legislation covering police, firemen and other District and Federal employees making such pay retroactive to October. 1967. The additional cost for Fiscal Year 1968 would be $148,000 while the net cost for Fiscal Year 1969 would be $626,500.

"We strongly urge that your Subcommittee consider the amendment to S. 2012 proposed in our letter of May 27, 1968, in view of the extremely low rates that must be paid to these workers from the limited monies in the Food Services

Fund. The attached tables show the present rates as opposed to the rates which the District would be enabled to pay if this legislation were amended as we propose. Also attached are copies of our May 27 letter to Mr. McMillan.

"Sincerely yours,

"WALTER E. WASHINGTON, Mayor."

Mr. SISK. Finally, we will insert earlier letters, dated September 28, 1967 and November 2, 1967, respectfully, written to the Speaker and to the Chairman of the full Committee by Hon. Walter N. Tobriner, - previous President of the Board of Commissioners, transmitting earlier drafts of proposed legislation on this subject.

(The letters referred to follow :)

GOVERNMENT OF THE DISTRICT OF COLUMBIA,

EXECUTIVE OFFICE, Washington, September 28, 1967.

The Honorable the SPEAKER,

United States House of Representatives,
Washington, D.C.

DEAR MR. SPEAKER: The Commissioners have the honor to submit herewith a draft bill "To amend the District of Columbia Public School Food Services Act.” The purpose of this bill, endorsed by the District of Columbia Board of Education, is to authorize appropriations of public funds to pay salaries and related insurance costs of employees of the Office of Central Management of the Food Services Department in the public schools and of assistant cafeteria managers and area managers. Experience has shown that these costs cannot continue to be borne by the School Lunch Program. The Commissioners are informed by school officials that conferences with officials of the Department of Agriculture and with food services directors of other cities and States tend to the conclusion that such costs should not be borne by the students any more than the other costs of administering the school system. School personnel point out that the staff of the Office of Central Management of the Food Services Department serves in a dual capacity of State and city administration for three Federal Programs, namely, the National School Lunch Program, the Special Milk Program, and the United States Department of Agriculture Donated Commodity Program for the District of Columbia schools and institutions. It is further noted that comparable functions in the States are administered by State officials of education, and administrative staff salaries are paid from State appropriated funds, whereas the District of Columbia School Lunch Program is forced to bear this expense. Similarly, the salaries of cafeteria personnel are generally paid or assisted by appropriated funds in the States while in the District, under present law, the School Lunch Program must also bear these expenses.

The bill also amends existing laws so as to authorize the furnishing of lunches either free or at reduced cost to needy children attending secondary schools as well as those attending elementary schools and would be consistent with actual practice now being carried out by items in the annual District of Columbia Appropriation Acts.

The cost of the central office operation for the fiscal year 1968 is estimated to be approximately $100,000 for the salaries and related insurance costs for the Director and two assistant directors and for ten other employees, the salaries and related insurance costs of eleven area managers and fifty-five assistant cafeteria managers are estimated to be $270,000, and the cost of providing free lunches to needy secondary school pupils whose parents do not receive public assistance payments from the District will be $80,000, making the total estimated annual cost of the bill $450,000.

For the foregoing reasons, the Commissioners therefore recommend enactment of this proposed legislation by the Congress.

Sincerely yours,

(S) WALTER N. TOBRINER, President, Board of Commissioners, D.C.

A BILL To amend the District of Columbia Public School Food Services Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 5 of the District of Columbia Public School Food Services Act (65 Stat. 369; D.C. Code,

97-391-68-3

sec. 31-1404), is amended by striking out ", the operation and maintenance of motor trucks, and the expenses of conducting the Office of Central Management" and by inserting in lieu thereof "other than those of assistant cafeteria manager and area manager, and the operation and maintenance of motor trucks".

SEC. 2. The first sentence of section 6 of such Act, as amended (D.C. Code, sec. 31-1405), is amended to read as follows: "Appropriations are authorized for all necessary expenses of the Office of Central Management, Department of Food Services, in the public schools of the District of Columbia, including the payment of compensation for personal services and Government contributions to related insurance costs, for the payment of compensation for personal services and Government contributions to related insurace costs for assistant cafeteria managers and area managers, for the acquisition, maintenance, and replacement of equipment used or acquired for use in the conduct of the Department of Food Services in the public schools of the District of Columbia, and for reimbursement of the District of Columbia public school food services fund for lunches served in accordance with section 9 of the National School Lunch Act (42 U.S.C. 1758), to children without cost to such children or at reduced cost."

GOVERNMENT OF THE DISTRICT OF COLUMBIA,

The Honorable JOHN L. MCMILLAN,

EXECUTIVE OFFICE,

Washington, D.C., November 2, 1967.

Chairman, Committee on the District of Columbia,

United States House of Representatives, Washington, D.C.

DEAR MR. MCMILLAN: The Commissioners desire to report on S. 2012. 90th Congress, a bill "To amend the District of Columbia Public School Food Services Act", passed by the Senate October 10, 1967.

The purpose of the bill is to authorize the appropriation of public funds to pay salaries and related insurance costs for operating the Office of Central Manage ment of the Food Services Department in the public schools, the expenses of which are presently borne by the School Lunch Program. However, conferences with officials of the Department of Agriculture and with food services directors of other cities and States lead to the conclusion that such costs should not be borne by the students any more than they should bear the other costs of administering the school system. Further, the staff of the Office of Central Manage ment of the Food Services Department serves in a dual capacity of State and city administration for three Federal programs, namely, the National School Lunch Program, the Special Milk Program, and the United States Department of Agriculture Donated Commodity Program for the District of Columbia schools and institutions. Comparable functions in the States are administered by State education officials, and administrative staff salaries are paid from State appropriated funds, whereas in the District of Columbia the School Lunch Program is presently required to bear this expense.

The bill also amends existing law so as to authorize the furnishing of lunches either free or at reduced cost to needy children attending secondary schools, as well as those attending elementary schools, This would be consistent with the actual practice now being carried out by items in the annual District of Columbia Appropriation Acts.

While the Board of Commissioners and the Board of Education both favor the enactment of S. 2012 in principle, they join in urging that the Committee consider expanding the number of positions of Food Service Department employees covered by the bill to include assistant cafeteria managers and area managers. The justification for the payment of the salaries of the central manage ment office employees from appropriated funds rather than from funds of the School Lunch Program is equally applicable to the case of these assistant cafeteria managers and area managers. In the States these expenses are usually met by appropriated monies. The deficit in the School Lunch Program Fund in fiscal year 1967 is approximately $150,000. This deficit will increase to about $400,000 when recently passed District minimum wage legislation results in wage increases for food service workers. If S. 2012 be changed as the Commissioners and the Board of Education have suggested, this deficit in the fund can be relieved.

The cost of the operation of the Office of Central Management for the fiscal year 1968 is estimated to be approximately $100,000 for the salaries and related insurance costs for the Director and two assistant directors and for ten oti. r employees, the salaries and related insurance costs of eleven area managers and fifty-five assistant cafeteria managers are estimated to be $270,000, and tis cost of providing free lunches to needy secondary school pupils whose parents

do not receive public assistance payments from the District will be $80,000, making the total estimated annual cost of the bill, if amended as recommended by the Commissioners, $450,000.

In the hope that the Committee will find it possible to accept the recommendation of the Commissioners that the bill be changed to include the area managers and the assistant cafeteria managers, the Commissioners are enclosing a revised draft of the bill to carry out this recommendation. They urge that the attached draft bill be substituted for S. 2012, and that the Committee report favorably on the bill as so revised.

Sincerely yours,

Attachment.

(S) WALTER N. TOBRINER, President, Board of Commissioners, D.C.

A BILL To amend the District of Columbia Public School Food Services Act Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 5 of the District of Columbia Public School Food Services Act (65 Stat. 369; D.C. Code, sec. 31-1404), is amended by striking out ", the operation and maintenance of motor trucks, and the expenses of conducting the Office of Central Management" and by inserting in lieu thereof "other than those of assistant cafeteria manager and area manager, and the operation and maintenance of motor trucks".

SEC. 2. The first sentence of section 6 of such Act, as amended (D.C. Code, sec. 31-1405), is amended to read as follows: "Appropriations are authorized for all necessary expenses of the Office of Central Management, Department of Food Services, in the public schools of the District of Columbia, including the payment of compensation for personal services and Government contributions to related insurance costs, for the payment of compensation for personal services and Government contributions to related insurance costs, for assistant cafeteria managers and area managers, for the acquisition, maintenance, and replacement of equipment used or acquired for use in the conduct of the Department of Food Services in the public schools of the District of Columbia, and for reimbursement of the District of Columbia public school food services fund for lunches served in accordance with section 9 of the National School Lunch Act (42 U.S.C. 1758), to children without cost to such children or at reduced cost."

Mr. SISK. I might say I have asked that there be placed in the record the attachment to Mayor Washington's letter regarding salary schedules, both present and proposed.

The committee is happy to have before it this morning the distinguished gentleman, the Deputy Mayor, the Assistant to Commissioner Walter E. Washington, our good friend, Mr. Thomas W. Fletcher. If you have people with you that you would like to bring up to the witness table, you are perfectly welcome to do so.

You may proceed with whatever statement you desire to make. STATEMENT OF THOMAS W. FLETCHER, ASSISTANT TO THE COMMISSIONER OF THE DISTRICT OF COLUMBIA, ACCOMPANIED BY: THOMAS F. MOYER, ASSISTANT CORPORATION COUNSEL; DONALD WEINBERG, CHIEF, PAY SYSTEMS AND LABOR RELATIONS DIVISION, D.C. PERSONNEL OFFICE; JAMES W. AYERS, ASSISTANT SUPERINTENDENT, DEPARTMENT OF BUSINESS ADMINISTRATION; AND JULIUS J. JACOBS, DIRECTOR, FOOD SERVICE DEPARTMENT, D.C. PUBLIC SCHOOLS

Mr. FLETCHER. I would like to bring up Messrs. Thomas F. Moyer, Assistant Corporation Counsel: Donald Weinberg, Chief of the Pay Systems and Labor Relations Division of the D.C. Personnel Office;