(d) Not less than one day before the charter referendum, the Board of Elections shall publish, in newspapers of general circulation published in the District of Columbia, a list of the polling places and the date and hours of voting. ACCEPTANCE OR NONACCEPTANCE OF CHARTER SEC. 1405. (a) If a majority of the registered qualified voters voting in the charter referendum vote for the charter the charter shall be considered accepted as of the time the Board of Elections certifies the result of the charter referendum to the President of the United States, as provided in subsection (b). (b) The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, certify the result of the charter referendum to the President of the United States and to the Secretary of the Senate and the Clerk of the House of Representatives. TITLE XV-TITLE OF ACT SEC. 1501. This Act, divided into titles and sections according to table of contents, and including the declaration of congressional policy which is a part of such Act, may be cited as the "District of Columbia Charter Act". Passed the Senate October 12, 1971. Attest: FRANCIS R. VALEO, Secretary. H.R. 13033, 92d Cong., 2d sess., by Mr. McKinney, on Feb. 8, 1972, is identical to S. 2652, above. ELECTED AND APPOINTED BOARD OF GOVERNORS CITY ADMINISTRATOR H.R. 12543, 92d Cong., 2d Sess., by Mr. Broyhill of Va., on January 24, 1972 A BILL To reorganize the government of the District of Columbia by the establishment of a Board of Governors to replace the Commissioner of the District of Columbia and the District of Columbia Council, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DEFINITIONS SECTION 1. For purposes of this Act, the term "the Corporation" means the body-corporate for municipal purposes created a government by the name of the District of Columbia. ESTABLISHMENT OF BOARD OF GOVERNORS SEC. 2. (a) There is established in the Corporation a board to be known as the "Board of Governors of the District of Columbia" (hereafter in this Act referred to as the "Board"). (b) The Board shall be composed of a Chairman of the Board and eight other members. Except as otherwise provided in paragraphs (1) and (2), the term of office of the Chairman and the other members shall be three years. The Board shall be nonpartisan, and not more than six of its members shall be adherents of any one political party. The members of the Board shall be selected as follows: (1) The Chairman and two members of the Board shall be elected by the qualified electors of the District of Columbia. Election of the members of the Board shall be held on the first Tuesday following the first Monday in November of each year and shall be conducted on a nonpartisan basis and in accordance with such regulations as the Board of Elections of the District of Columbia shall prescribe. Of the members first elected to the Board (A) one member shall be elected for a two-year term, and (B) one member shall be elected for a one-year term, as determined in accordance with regulations prescribed by the Board of Elections of the District of Columbia. (2) Three members of the Board shall be appointed by the President, by and with the advice and consent of the Senate. Of the members first appointed by the President (A) One member shall be appointed for a three-year term, (B) one member shall be appointed for a two-year term, and as designated by the President at the time of appointment. (A) One member shall be appointed by the chairmen of the Committees on Interior and Insular Affairs of the House of Representatives and the Senate. (B) One member shall be appointed by the chairmen of the Committees on Public Works of the House of Representatives and the Senate. (C) One member shall be appointed by the chairmen of the Committees on the District of Columbia of the House of Representatives and the Senate. (c) The Chairman of the Board shall receive compensation at the rate now or hereafter prescribed for positions at level III of the Executive Schedule (5 U.S.C. 5314). Members of the Board shall receive compensation at the rate now or hereafter prescribed for positions at level IV of the Executive Schedule (5 U.S.C. 5315). ESTABLISHMENT OF CITY ADMINISTRATOR SEC. 3. There is established in the Corporation an office which shall have the title "City Administrator". The City Administrator shall be appointed by the Board and shall serve at the pleasure of the Board. The City Administrator shall assist the Board as the Board may direct in connection with the carrying out of the functions of the Board. The City Administrator shall receive compensation at the rate now or hereafter prescribed for persons at level V of the Executive Schedule (5 U.S.C. 5316). FUNCTIONS OF THE BOARD SEC. 4. (a) The functions, powers, and duties of the Commissioner of the District of Columbia and the District of Columbia Council are transferred to and vested in the Board. (b) The Board is authorized to make, from time to time, such provisions as it deems appropriate to authorize performance of its functions by any other officer, Omployee or agency, of the Corporation, except the courts thereof. MEMBERSHIP ON BOARDS, COMMISSIONS, COUNCILS, AND OTHER AGENCIES AND INSTRUMENTALITIES IN THE DISTRICT OF COLUMBIA SEC. 5. (a) To carry out the reorganization of the District of Columbia government under the Board, the composition of the following boards, commissions, councils, and other agencies and instrumentalities in the District of Columbia shall be changed in accordance with the following table: Composition : Six members of the Board, The Chief of Engineers of the Army, The Federal Highway Administrator, The Chairmen of the Committees on Three members of the Board, The Director of the National Park The Architect of the Capitol. Three persons appointed by the Board. One member of the Board, Three members of the Board. Board of Appeals and Review_. Chairman appointed by the Board, Seven full-time employees of the District of Columbia appointed by the City Administrator, who are of grade GS-13 or higher and are not in the Office of the Corporation Counsel or the Bureau of Licenses and Inspections, and Fourteen intermittent employees of the District of Columbia appointed by the City Administrator, each of whom resides in the District of Columbia or owns in his own name real property therein and eight of whom shall be members of the District of Columbia bar. (b) The members of the Board who shall serve on the boards, commissions, councils, and other agencies and instrumentalities of the District of Columbia referred to in the table in subsection (a) shall be determined by the Board. MISCELLANEOUS SEC. 6. (a) Effective on the date six members of the Board take office, the office of the Commissioner of the District of Columbia and the District of Columbia Council are abolished. The Commissioner of the District of Columbia shall, in consultation with the Director of the Office of Management and Budget, make such provisions as he may deem necessary with respect to winding up the affairs of his office and those of the District of Columbia Council. (b) So much of the positions, personnel, assets, liabilities, contracts, property, records, and unexpended balances of authorizations, allocations, and other funds, which the Director of the Office of Management and Budget determines (1) were employed, held, used, or available or to be made available in connection with the functions, powers, and duties transferred by section 4 of this Act, or (2) arose from such functions, powers, and duties, shall be transferred to the Board. SEC. 8. This Act shall take effect EFFECTIVE DATE Mr. MCMILLAN. At this time I yield to Mr. Broyhill to make a statement. Mr. BROYHILL. Thank you, Mr. Chairman. Due to the fact that there are a number of witnesses who would like to be heard, I should like my prepared statement inserted in the record and make just a few brief observations concerning the subject which we have before us at this time. Mr. MCMILLAN. Without objection, your statement will be inserted in the record. (The statement follows:) STATEMENT OF HON. JOEL T. BROYHILL Mr. BROYHILL. Mr. Chairman, I wish to speak briefly to the bill H.R. 12543, which I introduced on January 24. This bill provides for an entirely new concept for a Federal-local partnership government for the District of Columbia, which I am confident will find favor with both proponents and opponents of the other so-called "home rule” bills, when they fully understand my proposal. This bill will create a Board of Governors of the District of Columbia, to consist of 9 members, three of whom shall be appointed by the President, three by the Congress, and three elected by the voters of the District of Columbia. One of these elected members shall be designated as the Chairman of the Board, and also as Mayor of the city. At this point, I wish to make it clear that I shall not be insistent as to the proposed number of members of the Board of Governors, nor as to the proposed ratio of appointed and elected members. Rather, I present this plan as an outline, which I urge the members of this Committee to consider fully and carefully. I am convinced that through the medium of this proposal for a Board of Governors, a true and viable partnership can be achieved, in a government for the District of Columbia which will assure the interest of the residents of the city through the elected members of the Board, and at the same time will protect the interest of all the American people in their Nation's capital, through the appointment by the President and by the Congress of outstanding U.S. citizens who will be dedicated to making the District the finest capital city in the world. And I cannot emphasize too strongly that of all the so-called "home rule" proposals now pending before this Commitee, this is the only one which provides for this all-important protection of both the local and the Federal interest in the District of Columbia. H.R. 12543 Under the provisions of H.R. 12543, the members of the Board of Governors shall serve full-time in that capacity, and will be members in varying numbers of the various boards, commissions, councils, and other agencies and instrumentalities of the District of Columbia Government; and they will receive compensation adequate to attract persons of the highest caliber, capable of assuming the arduous tasks and responsibilities with which they will be confronted. Another highlight of this bill is the creation of the office of City Administrator, who will serve at the pleasure of the Board and be responsible for all administrative functions of the District of Columbit government. This Administrator will be elected by the Board of Governors, and thus will be removed, as are the city administrators in most of our nation's largest cities, from all political pressures which might adversely affect his efficient management of the city's affairs. While the Administrator's actions will always be subject to review and veto by the Board, he will be answerable only to the Board, rather than to pressure groups, large or small, who might atempt to steer the administration of the city's government in directions favorable to themselves. Also, he will be among the highest paid city administrators in the Nation, which is desirable and proper in view of his responsibility for administering the government of the Nation's capital city. At the present time, the Commissioner of the District of Columbia or his designee is supposed to serve on each of the great number of Boards and Commissions comprising a large part of the city's governmental structure. The assignment of the members of this proposed Board of Governors to serve thereon, and particularly the dividing |