Senator CLARK. Are these tied in to the poverty program and the community action program Mr. LINDSAY. In some cases, yes, they are. Senator CLARK (continuing). And the Neighborhood Services Center? There's a real can of worms on administration, isn't it? Mr. LINDSAY. Very difficult. But if Federal funds were provided as an incentive for localities to develop these comprehensive manpower recruitment and service agencies, which are called for by the Commission report, it would be most helpful. Senator CLARK. Now, wouldn't the best way to do that be to fund more adequately the Federal-State employment service and direct. them to move into and cooperate with and perhaps to partially fund these State agencies? I'm allergic to creating a new set of agencies. Mr. LINDSAY. I am, too. The President's Commission found that it may be helpful now to create a federally chartered corporation to serve as the Federal Government's primary instrument for job development in the private sector. Perhaps the corporation could have municipal counterparts, to replace the multiplicity of job placement agencies now competing with one another for job commitment by private employers. Senator CLARK. Well, again, what bothers me there is that we're superimposing a new Federal corporation on agencies which are already supposed to do the job which perhaps in many instances, are not doing it. Mr. LINDSAY. The language of the Commission's report is very careful on this. It said that a federally chartered corporation may be helpful and, as I said, its chief value is a flexible tool by which you may be able to pull in the private sector. Senator CLARK. Well, I suppose this would be a nonprofit corporation, wouldn't it? Mr. LINDSAY. Absolutely. Senator JAVITS. Mr. Chairman, may I just ask a question, because the time is going fast and the mayor will need to get away. Isn't it a fact that the President is thinking of planning to organize a corporation himself by incorporating the activities of the National Alliance of Businessmen? Mr. LINDSAY. We don't know the answer to that, Senator Javits. There have been conflicting reports as to exactly what the White House may have in mind in this regard. And I could not say that is a fact, at this moment. Senator JAVITS. We understand that the alliance is already so organized. Mr. LINDSAY. Yes. Senator JAVITS. The second thing I'd like to ask you is this: Isn't it a fact that you have found with your own municipal corporation and the activities that you've engaged in there, that the corporate form gives celerity of action; better cooperation; the ability to get over the tremendous multiplicity of rules, regulations, and the essential bureaucratic leadenness of most of the established Government agencies. Mr. LINDSAY. We have used the corporate form in several ways as a useful instrument, and Senator CLARK. With all deference to Senator Javits I think that depends almost entirely on how the corporation is set up. There's nothing sacred about that artificial legal entity called a corporation. It can fall into just as bad habits of administration and bureaucracy as a Federal agency can. Mr. LINDSAY. May I say that in New York City the local urban coalition has been working hard and, I believe, is gradually, increasingly pulling together private sector thinking, energy, and effort in the area. of manpower. It has a full-time, paid staff now and is spreading its wings. It received great encouragement, I think, by the strengthening of the national urban coalition, of which former HEW Secretary John Gardner took charge. Senator CLARK. Now, do you agree with me-I suspect my colleagues do also that the formation of the urban coalition is one of the most helpful things that we've had in this area in the last several years? It has spread to a number of local communities which is highly desirable. The urban coalition people should be encouraged and utilized to the maximum extent possible in this job-finding field. Mr. LINDSAY. Yes, sir; I do. What I was about to say is that the urban coalition has been examining and working on the subject of a job development corporation for New York. This would be a comprehensive private sector umbrella, and the urban coalition Senator CLARK. With money-with private money. Mr. LINDSAY (continuing). Would be the chief funding agency for it. Senator CLARK. So, therefore, the arm of the Federal Government would not reach to it. Mr. LINDSAY. A corporation of this kind can, however, be flexible enough to receive Federal support. Senator JAVITS. Correct. I think the committee is well aware of my efforts in connection with a corporation-an economic opportunity corporation-national as well as at the local level. I'd like to ask you one other question, Mr. Mayor, and that is whether small businessthe development of minority entrepreneurship in small business, is included in your concept of the need. In fact, our figures show that with about a million Negroes in New York, the number of Negro owned and managed firms which employ more than 10 people is only about a dozen. Would you include, therefore Mr. LINDSAY. Yes. The urban coalition in New York, working with the city's administrators, at this moment have a task force on this subject, and if they move forward in the area of the corporation, along with every other device that will emerge in the next weeks and months on this subject, the small business aspect will be given high priority. You may wish to turn to page 424 of the Commission's report for what the Commission said on that subject. Senator JAVITS. Well, Mr. Chairman, I ask unanimous concent that the charters-whatever is the basic charters of the Urban Coalition and of the National Alliance of Businessmen, the latter being incorporated in the District of Columbia-and the exerpt from the Commission's report be made a part of the record. Senator CLARK. With no objection it will be done. (The documents referred to follow :) ARTICLES OF INCORPORATION OF THE URBAN COALITION We, the undersigned, desiring to associate ourselves as a Corporation for the purposes hereafter stated, pursuant to the provisions of Title 29, Chapter 10, of the District of Columbia Code, 1967 Edition, known as the District of Columbia Nonprofit Corporation Act, do hereby certify as follows: 1. The name of the Corporation is THE URBAN COALITION, hereafter referred to as "the Corporation." 2. The Corporation is to have perpetual existence. 3. The purposes for which the Corporation is organized are as follows: To operate exclusively for charitable, educational and scientific purposes, including improvement of the condition of the poor, the distressed and underprivileged; reduction in neighborhood tensions, community deterioration and juvenile delinquency; elimination of prejudice and discrimination; and defense of human and civil rights secured by law; To analyze, on a nonpartisan basis, causes and symptoms of the national crisis of the cities, and to consider proposed solutions; To advance and disseminate knowledge concerning the moral, social, economic and physical problems facing the cities of the United States; To alert the public to the urgency of urban problems and the need for a long-range commitment by the whole of American society to physical, social and economic rebuilding of the cities; and To join together leaders of all segments of society which share a stake in the welfare of American cities, including private business, labor, religion, civil rights and minority groups, mayors, and other interested persons, to mobilize their combined resources to solve the problems of the cities. 4. The Corporation shall have no members, and shall issue no capital stock. 5. The Corporation may exercise all power or authority granted to it under the District of Columbia Nonprofit Corporation Act or otherwise, including, but not limited to, the power to accept donations of money or property, whether real or personal, or any interest therein, wherever situated. 6. The affairs of the Corporation shall be managed by a Board of Directors, hereafter referred to for all purposes as "the Steering Committee." Qualifications for membership on the Steering Committee shall be prescribed in the By-Laws. The number of members of the Steering Committee shall be fixed by the By-Laws, but in no event shall be less than three, and may be increased from time to time as provided in the By-Laws. Each member of the Steering Committee shall be elected or appointed in the manner and for the term provided in the By-Laws, and shall hold office for the term for which he is elected or appointed and until his successor is elected or appointed and qualified. The Steering Committee may, by resolution adopted by a majority of the Steering Committee members in office, designate and appoint an Executive Committee, consisting of two or more members of the Steering Committee. To the extent provided in such resolution, any such Executive Committee may have and exercise the authority of the Steering Committee in the management of the Corporation. 7. At all times, and notwithstanding merger, consolidation, reorganization, termination, dissolution, or winding up of this Corporation, voluntary or involuntary or by operation of law, or any other provisions hereof: A. This Corporation shall not possess or exercise any power or authority either expressly, by interpretation, or by operation of law that will or might prevent it at any time from qualifying, and continuing to qualify, as a corporation under the Revenue Code of 1954 (hereafter referred to as "the Code"), contributions to which are deductible for Federal income tax purposes; nor shall it engage directly or indirectly in any activity which might cause the loss of such qualification. B. No part of the assets or net earnings of this Corporation shall ever be used, nor shall this Corporation ever be organized or operated, for purposes that are not exclusively charitable, scientific, or educational within the meaning of Section 501(c)(3) of the Code. C. This Corporation shall never be operated for the primary purpose of carrying on a trade or business for profit. D. No substantial part of the activities of this Corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation; nor shall it participate or intervene in any manner, or to any extent, in any political campaign on behalf of any candidate for public office, whether by publishing or distributing statements, or otherwise. E. At oo time shall this Corporation engage in any activities which are unlawful under the laws of the United States of America, the District of Columbia, or any other jurisdiction where its activities are carried on; nor shall it engage in any transaction defined at the time as "prohibited" under Section 503 of the Code. F. No compensation, loan or other payment shall be paid or made to any officer, Steering Committee member, Executive Committee member, creator, or organizer of this Corporation, or substantial contributor to it. except as reasonable compensation for services rendered and/or as a reasonable allowance for authorized expenditures incurred on behalf of Corporation; and no part of the assets or net earnings, current or accumulated, of this Corporation shall ever be distributed to or divided among any such person, or inure, be used for, accrue to or benefit any such person or private individual (pursuant to the prohibition contained in Section 501 (c) (3) of the Code). G. No solicitation of contributions to this Corporation shall be made, and no gift, bequest or devise to this Corporation shall be accepted, upon any condition or limitation which, in the opinion of the Corporation, may cause the Corporation to lose its Federal income tax exemption. 8. Upon the termination, dissolution or winding up of this Corporation in any manner or for any reason, its assets, if any, remaining after payment (or provision for payment) of all liabilities of the Corporation, shall be distributed to, and only to, one or more organizations described in Section 501 (c) (3) of the Code. 9. Any references herein to any provision of the Internal Revenue Code of 1954 shall be deemed to mean such provision as now or hereafter existing, amended, supplemented, or superseded, as the case may be. 10. The private property of the officers, Steering Committee members or Executive Committee members of the Corporation shall not be subject to payment of Corporate debts to any extent whatever. 11. The Corporation's initial registered agent and the address of its initial registered office are as follows: William P. Rogers, Esq. 1229 19th Street, N.W. 12. The number of members of the initial Steering Committee of the Corporation shall be three. The names and addresses of the members of the initial Steering Committee are as follows: John W. Gardner 1815 H. Street, N.W. Washington, D.C. 20006 Andrew Heiskell Time, Inc. Rockefeller Center New York, N.Y. 10020 J. Irwin Miller Chairman Cummins Engine Company Columbus, Indiana 13. The name and address of each incorporator is as follows: Carolyn E. Agger 1229-19th St., N.W. James F. Fitzpatrick 1229-19th St., N.W. Washington, D.C. 20036 Richard L. Bacon 1229-19th St., N.W. Washington, D.C. 20036 14. In witness whereof, we have signed and acknowledged these Articles of Incorporation this 8th day of April, 1968. CAROLYN E. AGGER. JAMES F. FITZPATRICK. ARTICLES OF INCORPORATION OF NATIONAL ALLIANCE OF BUSINESSMEN, INC. To: The Recorder of Deeds, D.C. Washington, D.C. We, the undersigned natural persons of the age of twenty-one years or more, acting as incorporators of a corporation, adopt the following Articles of Incorporation for such corporation pursuant to the District of Columbia Non-profit Corporation Act: First: The name of the corporation is National Alliance of Businessmen, Inc. Second: The period of duration is perpetual. Third: The purposes for which the corporation is organized shall be to promote the public welfare as follows: 1. To encourage private business firms to make available, on as expedited a basis as possible, training programs and employment opportunities designed to provide employment for individuals constituting the so-called "hard-core" unemployed, including those who have previously been chronically unemployed or only intermittently employed. 2. To implement the foregoing program both in order to provide permanent employment to such individuals and to provide employment to younger members of the disadvantaged segment of the national population, for the purpose of assisting such persons to develop their educational and employment potentialities to the maximum practicable extent. 3. To advise representatives of the United States Government, and particularly the Secretary of Labor, the Secretary of Commerce, and their representatives, concerning the most efficient procedures for providing training and employment opportunities for such individuals. 4. To undertake such other related programs as may be necessary and desirable, in order to promote the public welfare in this and related areas. In furtherance of the foregoing purposes, the corporation shall encourage prirate business firms throughout the nation to participate in the program herein described by providing training programs and employment opportunities to such individuals. The corporation shall also work jointly with representatives of the United States Government, and with existing and prospective Governmental programs, to provide such training and employment opportunities for the hard-core unemployed and disadvantaged youths. To assist it in conducting its activities in furtherance of the foregoing purposes, the corporation shall possess all of the powers necessary, proper or incident thereto, including, without limitation, those powers provided in the District of Columbia Non-profit Corporation Act. The corporation shall have the power to enter into contracts for this purpose with the United States Government. The corporation shall also have the power to accept contributions in furtherance of the corporate purposes enumerated above. The corporation shall be organized and operated exclusively for charitable, educational and related purposes. It shall have no authority to issue capital stock. It is not organized and shall not be conducted for profit. No part of the net earnings or of any other funds of the corporation shall inure to the benefit of any incorporator, member, director, officer or other individual having a personal or private interest in the activities of the corporation; provided, that this provision shall not preclude reasonable compensation to any such individual for services actually rendered to the corporation. No part of the activities of the corporation shall consist in attempting to influence legislation by propaganda or otherwise, or participating directly or indirectly in, or intervening in, any political campaign on behalf of or in opposition to any candidate for public office. Fourth: The corporation shall have members. Fifth The membership of the corporation shall consist of a single class. The designation of such class, the manner of election or appointment and the qualifications and rights thereof shall be as provided in the bylaws. Sixth: The affairs of the corporation shall be managed by a board of directors. The number of directors, which shall not be less than three, and their qualifications and manner of election shall be as provided in the bylaws. Seventh: In the event of dissolution of the corporation, no dividends or other distribution of any of the property or assets thereof remaining after the winding up of its affairs shall be made to any incorporator, member, director or officer thereof, but all such remaining property and assets shall in such event be paid over to such successor corporation as may be designated by the members in accordance with the bylaws at the time of dissolution to assume any or all of the |