To meet this need the Company engaged in a program designed to encourage and stimulate applications for employment by qualified persons in the District of Columbia. As a part of the program I communicated with numbers of leaders in the community and asked them to encourage applications for employment or to supply the Company with names of possible employees. Among the persons with whom I communicated, were Sterling Tucker, associated with the Urban League, George E. C. Hayes, then a trustee of Howard University, John B. Duncan, then a member of the Board of Commissioners of the District of Columbia, Belford Lawson, a lawyer in the District of Columbia, Hobart Taylor, then a member of the White House staff, William Press, Executive Vice President, Metropolitan Washington Board of Trade, and James A. Washington, Jr., then Chairman of the Public Service Commission of the District of Columbia. Some of the persons with whom I communicated, including Mr. Washington, referred persons to the Company as candidates for employment, in some instances furnishing the Company with the names of persons so referred. The persons so referred to the Company were given tests to determine whether they possessed the necessary qualifications for employment by the Company. Persons found to be qualified were usually offered employment. /s/ J. Hillman Zahn Subscribed and sworn to before me this 14th day of May 1969. /s/ Dorothy M. Rainey Notary Public, D.C. EXHIBIT C EXCERPTS FROM REVISED U.S.C. 18 U.S.C. 201. BRIBERY OF PUBLIC OFFICIALS AND WIT NESSES. (a) 66 public official means. . . officer or employee... including the District of Columbia" (b) "Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any public official with intent .... (1) to influence any official act (c) "Whoever, being a public official . . . directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or any other person or entity, in return for: (1) being influenced in his performance of any official act; (f) "Whoever . . . directly or indirectly gives, offers or promises anything of value to any public official . . . for or because of any official act performed or to be performed by such public official . . . "Shall be fined not more than $10,000 or imprisoned for not more than two years, or both." EXECUTIVE ORDER NO. 11222 May 5, 1965, 30 F.R. 6469 STANDARDS OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS AND EMPLOYEES "Sec. 201. . . . no employee shall solicit, or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from any person, corporation, or group which "(2) conducts operations or activities which are regulated by his agency; . . . "(b) Agency heads are authorized to issue regulations .. and to provide for such exceptions therein as may be necessary and appropriate in view of the nature of their agency's work. . . . the clearest illustration being the parents, children or spouses of federal employees:" "Sec. 401. (Reporting of Financial Interest) “(a) . . . each full-time member of a . . . commission appointed by the President, shall submit to the Chairman of the Civil Service Commission a statement containing the following: "(1) A list of all corporations . "(A) with which he is connected as an "(B) in which he has any continuing financial interest . . . as a result of any current or prior employment .. "Sec. 403. (a) the interest of a spouse, minor child, or other member of his immediate household shall be considered to be an interest of a person required to submit a statement by or pursuant to this part." 66 MEMORANDUM OF ATTORNEY GENERAL REGARDING CONFLICT OF INTEREST PROVISIONS Feb. 1, 1963, 28 F.R. 985 (Found in 18 U.S.C.A. No. 201, "A regular officer or employee of the Government . . . is in general subject to the following major prohibitions. . . . : "2. He may not participate in his governmental capacity in any matter in which he, his spouse, minor chid has a financial interest (18 U.S.C. 208)." 18 U.S.C. No. 208 Acts Affecting a Personal Financial Interest "(a). whoever, being an officer or employee of the executive branch of the United States Government, of any independent agency of the United States, or of the District of Columbia. . . participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation . . . or otherwise, in a judicial or other proceeding. . . . in which to his knowledge, he, his spouse, minor child. . . has a financial interest . . . "Shall be fined not more than $10,000, or imprisoned not more than two years, or both." Note: Subsection (b) states that (a) shall not apply if the officer discloses to the person appointing him and obtains a ruling in writing that the interest is not so substantial as to affect his integrity; or if, by general regulation published in the Federal Register, the financial interest has been exempted from (a) as being too remote or too inconsequential to affect the integrity of Government officers' or employees' services. DEPARTMENT OF TRANSPORTATION, June 13, 1969. Subject: Insert for the Record, Confirmation, Hearing of James A. Washington, Jr From: Acting General Counsel. To: Messrs. Lordan and Pankopf. The information requested of me by the Chairman at the confirmation hearing of Dean James A. Washington, Jr., is attached and submitted for insertion in the record. Attachment. R. TENNEY JOHNSON. The Department of Transportation confirms that the Department received the materials referred to in testimony by Mr. Albert Curtis. These materials, consisting of affidavits by Mr. Washington and officials of the local telephone company, were identical to those previously furnished by Mr. Washington directly to Mr. Joseph A. Bosco, Special Assistant to the Secretary of Transportation and to the Secretary. Mr. Washington had discussed these materials in detail both with Mr. Bosco and with the Secretary on earlier occasions. Specifically, the Petition for a Writ of Certiorari and Remand which was filed with the Supreme Court on or about May 5, 1969 was brought immediately by Mr. Washington to the attention of Mr. Bosco and the Secretary; the affidavits were discussed with them at the time they were drawn up, that is, on or about May 15, 1969. |