TRAINING EXPENDITURES/ALLOCATION FROM FISCAL YEAR 1969 to PRESENT

Question.Three Metropolitan Police detailed to the Capitol Police force have received promotions since 1976. One was promoted from captain to inspector, one from sergeant to lieutenant, and one from officer to detective II. Why did these Metropolitan Police receive these promotions, rather than members of the Capitol Police force?

Response. These three members of the Metropolitan Police detailed to the Capitol Police, at the time of their elevation to the ranks indicated, were each performing the duties and carrying out the responsibilities incumbent upon the positions to which they were promoted. The inspector indicated has subsequently retired from active service and his position has been assumed by a well qualified member of the Capitol Police.

Since January 1, 1976, members of the Capitol Police have received promotions as follows: 2 to the rank of Deputy Chief; 3 to the rank of Inspector; 6 to the rank of Captain; 11 to the rank of Lieutenant; 27 to the rank of Sergeant; 6 to the rank of Detective; 9 to the rank of Plainclothes Officer; and 23 to the rank of Technician for a total of 87.

Members of the Metropolitan Police have not received promotions in lieu of members of the Capitol Police, but rather, members of the Capitol Police have been elevated to fill vacancies resulting from attrition within the Metropolitan Police Detail.In 1965, when I became Chief of the Capitol Police, there were 19 members of the force holding ranks above that of private. Listed below is the rank structure as it appeared then, and as it appears at present:

In years subsequent to 1965, I have requested and received authorization to increase the dimension of the Capitol Police force. No similar increase in strength has been requested with regard to the Metropolitan Police detail since Fiscal 1973. As members of the Metropolitan Police detail have resigned, been transferred, etc., I have on numerous occasions requested and received authorized to convert those positions vacated to the Capitol Police roll. I Have not requested, nor has any action been taken, to fill vacant positions on the Capitol Police roll with personnel of the Metropolitan Police Department.

Question. Please provide the names of all Metropolitan Police on the Detail to the Capitol Police force who you are proposing to promote either from a lower rank or from "acting" status at any level, and the ranks involved. You stated that they all took the competitive examination for promotion. What was the ranking of each among all those in the Metropolitan Police Department who took the competitive exam? Are any Capitol Policemen not receiving promotions because of recent promotions among Metropolitan Police, or because of Metropolitan Police promotions proposed for fiscal year 1980?

Response. Lieutenant (Acting Captain) T. H. Malone to Captain; Lieutenant (Acting Captain) R. F. Xander to Captain; Sergeant (Acting Lieutenant) L. R. Bell to Lieutenant; Sergeant (Acting Lieutenant) G. C. Awkward to Lieutenant; Detective I (Acting Sergeant) A. J. White to Sergeant; and Detective II (Acting Sergeant) J. T. Walker to Sergeant.

When responding regarding competitive examinations, I understand the question to be an inquiry as to whether or not the Metropolitan Police have such examinations. My affirmative reply was not intended to indicate that all of these six officers had participated in such examinations. However, the three officers on the House side did participate and their present standings are as follows: Acting Captain Xander, 25 out of 105 participating; Acting Lieutenant Awkward, 77 out of 278 participating; and, Acting Sergeant Walker, 42 out of 1,269 participating.

Some Metropolitan Police detail positions have in the past been converted to the Capitol Police rolls, however, I have never recommended, nor has any action been taken to place members of the Metropolitan Police detail in positions legislated for members of the Capitol Police.

Question. How many of the Capitol Police are eligible for promotion now, and will be promoted within the next year?

Response. A competitive promotional examination was held on June 5, 1977, the results of which are scheduled to remain in effect until July 31, 1979. 494 eligible privates took the examination for sergeant, a total of twenty three have been promoted to sergeant.

Ten Capitol Police sergeants have been promoted to lieutenant, 57 remain eligible for consideration for promotion to the rank of lieutenant.

Five Capitol Police lieutenants have been promoted to the rank of Captain, 17 lieutenants remain eligible for consideration for promotion to captain.

I have submitted a request for consideration of the Committee on House Administration which if approved would result in a total of 19 promotions for U.S. Capitol Police officers. I have likewise submitted for consideration of the Senate a proposal which would result in four promotions.

POLICE OVERTIME

Mr. BENJAMIN. Let me follow up on a couple of things.

One, I would appreciate the Capitol Police presenting to the subcommittee a revised schedule on the overtime reflecting in fiscal year 1979 and fiscal year 1980, indicating the moneys allocated for fiscal year 1979, how much has been spent, and how much more the Capitol Police may need so that we can determine whether a supplemental is in order. As I understand it, Mr. Harding, you, have unofficially modified the request indicating there is going to be at least an expenditure of about $1,650,000, plus another $14,000, because of the farmer's protest.

[The information follows:]

Approximately $67,942 was expended to cover overtime for police personnel on the House roll during the 1st quarter of Fiscal Year 1979.

35-533 - 79 18 (Pt. 2)

During the first two months of the 2nd quarter of fiscal 79, an approximate total of $816,371 was expended, of which $723,187 was used almost entirely due to the American Agricultural Movement (Farmers Group).

Expenditures for Calendar Year 1978, for U.S. Capitol Police personnel on the House roll were approximately $1,312,291, averaging roughly $110,000 per month. Based upon this calculation, approximately $1,000,000 of supplemental funds will be needed for the remainder of fiscal 79. We shall attempt to absorb the money expended for food from within our allocated operational funds for Fiscal Year 1979. Although we feel that we would be derelict in our responsibility to request any lesser amount, every effort will be made to reduce overtime as appears consistent with our commitment for adequate security.

NO MORE PROMOTIONS OF METROPOLITAN POLICE OFFICERS

Mr. BENJAMIN. I would also want to find out if it is perfectly clear now that we will have no more promotions of the Metropolitan Police assigned to the Capitol Police. Is that clear with the police and the Police Board?

Mr. HARDING. Other than those which are contemplated-you are talking over and above those which are referred to in the Chief's

Mr. BENJAMIN. Other than the six-three from the Senate and three from the House.

Chief POWELL. I don't have, myself, any recommendations.
Mr. HARDING. I don't know of any.

Mr. BENJAMIN. Let me inquire along this line: You indicated that we would phase out the Metropolitan Police, and I believe the number is approximately 29?

Chief POWELL. Yes, sir, I had in mind, Mr. Chairman, my recommendation would be that as these people reach retirement age, which in some cases is not too far away, that they simply not be replaced by Metropolitan; that they either be replaced by regular

Mr. BENJAMIN. I would understand that has been the practice. Chief POWELL. Yes, sir.

Mr. BENJAMIN. But basically what I am inquiring of, as you indicated to Mr. Rudd, as they retired they would not be replaced. Chief POWELL. Yes, sir.

Mr. BENJAMIN. What if they resign because of inability to get promotion? Would they be replaced?

Chief POWELL. Not by Metropolitan men, I don't believe, under the present practice.

Mr. BENJAMIN. I think we better make sure we have an understanding that they are not to be replaced by Metropolitan Police, that this subcommittee does not want to continue to pay $44,000 per police officer just because he comes from the Metropolitan Police.

Chief POWELL. Yes, sir. Of course, that police officer, I am sure you are aware, he doesn't get the $44,000. That figure is brought about by this overhead of $480,000 for the total group. In other words, his salary is somewhat in line; maybe in some cases even less than comparable ranks with what the Capitol Police might be drawing.

Mr. BENJAMIN. If I understand by Mr. Rudd's questioning, and I believe he will amplify on it in his written inquiry, that a good part of this is the surcharge.

Chief POWELL. Yes, sir, but the officer doesn't get that. The surcharge goes only to the District Government.

Mr. BENJAMIN. I understand that. But I want to make sure we are perfectly clear that there is not going to be any further promotion of the Metropolitan Police assigned to the Capitol Police, and that means if there is disagreement, then those people may be returned to the Metropolitan Police.

Do we have that understanding, and is that the understanding of the Capitol Police Board?

Mr. HARDING. Do we have to go that strong in the recommendation, Mr. Chairman?

Mr. BENJAMIN. Mr. Shipley started this, and, of course, as we look back in the hearings, we have been discussing the same point at least for the last four years. I have never been approached by so many Members of the House, individually and as a group, questioning the controversy about the recent promotions, temporary, now about to become permanent. Also, these members want an assurance that there is no further promotion within the Metropolitan Police. They feel that we have paid for a Capitol Police Force, it is a large force, and we send them to school. They feel there is some degree of sinecure in the officers of the Metropolitan Police, that there is an element that would be appropriately described elsewhere as a clique. On the other hand, the regular members of the Capitol Force have come on pursuant to your nonpartisan merittype application process and deserve to be recognized for their abilities and their time and grade.

ATTENTION OF CAPITOL POLICE BOARD

Mr. HARDING. If I might say for the record, Mr. Chairman, it has been the attitude of the Capitol Police Board, certainly since I have been a member, and even before, when I sat in as the assistant Sergeant at Arms, that our desire was-in fact, I am on record within their minutes many, many times, of doing just exactly what you say.

Over the years, however, I have had that tempered a little bit, my own attitude, by a realization that many times I don't think it would be in the best interest of the Capitol Police force to arbitrarily make this decision. I would work towards that goal. I can assure you I will make every effort to work towards that goal, because it has been my own goal all along, but I do not think it would be in the best interest of the Capitol Police, and I am saying this as a member of the board, plus the fact, remember, we only control onehalf of the Capitol Police; the other side is the Senate, and you are going to find some Members who are on Senate detail, getting a promotion, and the fellow on the House detail being left out apparently because of this decision.

I cannot speak for the Senate, but I will bring this up, if I may, at the Capitol Police Board meeting tomorrow morning.

Mr. BENJAMIN. If we can't get those assurances, I would feel compelled to take to the House Chamber a statutory provision within the framework of the Appropriations Act, indicating that the Metropolitan Police will heretofore be released and that the Capitol Police will be run by the Capitol Police.