CONTENTS H.R. 14430 (McMillan, Abernethy, Dowdy, Hagan, Fuqua, O'Konski, Winn, Steiger, and Broyhill), a bill to establish a Commissioner of Police H.R. 14448 (Whitener), identical bill.. STATEMENTS American Federation of Government Employees: 116 116 116 116 Van Tassel, Charles H., Secretary/Treasurer, Lodge 185- 116 Layton, John B., Chief, Metropolitan Police Department__ District of Columbia Police Wives' Association, Inc., Mrs. Barbara New- Policemen's Association of the District of Columbia: Givens, Royce L., executive director, International Conference of 49 Margolius, Bernard, counsel. Sullivan, John L., chairman, Legislation Committee.. 49 Whitener, Hon. Basil, a Representative in Congress from the State of North 111 MATERIAL SUBMITTED FOR THE RECORD Anacostia Citizens Association, Inc., Charles J. Piper, president, letter to 65 Capitol Hill Southeast Citizens Association, Elizabeth Draper, secretary, 64 Citizens Advisory Council, Nicholas B. Addams, Chairman and others, 70 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 itemization of expenditures incurred in Poor People's Cam- Grant, Dr. Murray, Director, Department of Public Health, letter dated May 22, 1968 to James T. Clark, clerk, re Poor People's Campaign, other special events, and estimate of costs of April, Layton, Chief John B., Metropolitan Police Department: 48 72 Federation of Citizens Associations of the District of Columbia, resolution Monahan, Mrs. Agnes, letter to Chairman McMillan dated May 21, 1968- 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, Press release of July 9, 1968__. Poor People's Campaign (Resurrection City): Costs to the National Park Service and other departments_ Treasury Department, Fred B. Smith, General Counsel, letter to Chair- Article dated Apr. 14, 1967, entitled "Hobson Declares ACT Will 53 Article dated July 30, 1968, entitled "Terry Urges Layton Ouster- 66 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 Chiefs- Nine Independent Police Forces Do Not Necessarily Give Us More Pro- 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 Representatives 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 (C) three shall be appointed for terms of three years, 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. STATEMENT OF HON. JOEL T. BROYHILL, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF VIRGINIA Mr. BROYHILL. Mr. Chairman: This legislation creates a Commissioner of Police for the Nation's Capital under direct control of the Congress. The Commissioner would assume complete jurisdiction over the Metropolitan Police, the Park Police, the White House Police, the Capitol Police, and the National Zoological Park Police-now under jurisdiction of the Commissioner and City Council, the Secretary of the Interior, the Secretary of the Treasury, the Sergeants at Arms of the House and Senate, and the Secretary of the Smithsonian, in that order. The bill would also create a nine-man advisory commission, five of whose members would be citizens of the District of Columbia. The Commissioner would be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate, and would be directly responsible to the Congress. He would be charged with the creation of the necessary agency to discharge the duties of his office, and would be similar in character to the Comptroller General or the Public Printer in his role as a servant of the Congress. Mr. Chairman, this organizational structure is patterned in part on nearly a century and a half of success experienced by a distinguished police force in another world capital. Since Sir Robert Peel created the Metropolitan Police District of London in 1829, the police force known to millions throughout the world as "Scotland Yard" has functioned under a Commissioner of Police directly responsible to Parliament's office of the Home Secretary, and not to the municipal government of London. Today it is a respected, highly effective organization of 19,000 men. Great Britain has 148 regular police forces, all of which are controlled by local authority, with the sole exception of Scotland Yard. It also should be noted that, contrary to popular notion, Scotland Yard has no official jurisdiction outside of Greater London. To be sure, its Central Investigative Division cooperates with and assists other police forces throughout the United Kingdom and throughout the world. I think it's fair to say that Scotland Yard has functioned with a record of efficiency which is the envy of police departments the world over, and those of us who have been in London in recent years can attest to the safety of that city and to the good relations that exist between Londoners and their police. It is my desire to see created a force such as the Metropolitan Police of London here in the city of Washington, D.C. It is not my desire to create a national police force, or a secret police establishment to grind under foot the legitimate complaints of the citizens of the District of Columbia and its visitors. I strongly urge that we reflect a moment on the success of the British and the advantages that are possible to achieve under such a system. There are obvious financial gains to be had. The Metropolitan Police Force will cost the city of Washington $48,033,000 during the next fiscal year. This figure will be higher as time goes on. This is an expense that could constitutionally be borne by the Congress, and a substantial savings to the city could accrue if this legislation is enacted. |