Imagini ale paginilor
PDF
ePub

TITLE VII-FINANCIAL AFFAIRS OF THE DISTRICT

PART 1-FINANCIAL ADMINISTRATION

Surety Bonds

§ 701-authorizes Council to designate District officers and employees who shall be required to post a surety bond, and provides for premium payments out of appropriations.

Financial Duties of the Mayor

$ 702-vests the Mayor with responsibility to administer the District's financial affairs and charges him to: 1) prepare and submit annual budgets and messages, 2) supervise and control financial transactions and revenues to insure against deficits, 3) maintain adequate accounting and internal control systems, 4) submit comprehensive monthly financial statements to Council, 5) prepare annual financial statements and reports, 6) supervise and be responsible for property assessments, 7) supervise and be responsible for the assessment and collection of taxes, license fees, etc., 8) have custody of the District's public funds, and 9) have custody of all investments and investment funds of the District.

Control of Appropriations

$703-authorizes Council to transfer, or allocate to new items, funds appropriated for contingent expenditure.

Accounting Supervision and Control

$704-requires the Mayor, through his duly authorized subordinates, to: 1) prescribe forms for vouchers, bills, receipts and claims,

2) examine and approve contracts, etc., which create a financial obligation for the District,

3) before payment, audit and approve bills, payrolls, and other evidences of claim, debt or charges and demand,

4) perform internal audits.

General Fund

§ 705-defines the District's general fund.

Contracts Extending Beyond One Year

§ 706-authorizes a contract commitment of up to 5 years if the expenditures involved are out of an appropriation which is available for more than one year. Must be executed in strict accord with Council established criteria, however, to be valid.

PART 2-ANNUAL POST AUDIT BY GENERAL ACCOUNTING OFFICE

Independent Annual Post Audit

8721-requires the General Accounting Office to audit the District's financial transactions in accord with procedures established by the Comptroller General. Costs of the audit are to be borne by the District. Grants unconditional access to the District's books, accounts and financial records for this purpose. Requires the Comptroller General to submit a report of the audit to the Congress, the Mayor and the Council. Grants the Mayor an opportunity to be heard by Council on the report, and the Council shall make its report and, together with such other pertinent material, it shall submit it to Congress. The Mayor, within 90 days after the report is made to him, shall state in writing, to the Council and Congress, what has been done to comply with any recommendations made in the Comptroller General's report.

Amendment of Budget and Accounting Act

§ 722--makes a conforming amendment to 31 U.S.C.2.

PART 8-ADJUSTMENT OF FEDERAL AND DISTRICT EXPENSES

$731-authorizes the Mayor and the Director of the Office of Management and Budget for the United States to enter into agreements relating to the ascertainment and payments of amounts owed by each to the other.

PART 4-ANNUAL FEDERAL PAYMENT TO THE DISTRICT

§ 741 (a) (1)—authorizes a Federal payment to the District, the same to be computed and based upon the following factors:

A) the real property taxes lost in the preceding year-based upon the assessed value and rate of tax-as the result of the exemption:

(i) of real property in the District owned by the United States and used to provide or perform Federal services or functions, or services and functions that would otherwise be performed or provided by the District (but excluding shrines, parklands, museums, art galleries, memorials and statuary).

(ii) real property in the District exempted from taxation by Act of Congress.

B) the amount of personal property taxes (based on the assessed value and applicable tax rate) lost to the District from the exemption of tangible personal property-excepting objects of art, statuary, museum pieces, and librarieslocated in the District and owned by the United States.

C) the amount obtained by multiplying the actual collections of corporation and unincorporated business franchise taxes, and taxes on insurance premiums and gross earnings of financial institutions and guaranty companies, by the following fraction:

Number of Federal Employees whose Place of Employment is in the District Number of Other Employees whose Place of Employment is in the District (2) the amount of the water service charges furnished to the Federal Government by the District,

(3) the amount of the sanitary sewer service charges furnished to the Federal Government by the District.

(b) authorizes the Secretary of Treasury to pay the amount resultant from the above computation by Sept. 1 of each year if the Administrator of General Services certifies that the requested amount is in conformity with this section. Also authorizes interim payments to the District during the period of July 1 to Sept. 1 pending the payment of the amount authorized by this section. (c) authorizes the Administrator of General Services and the Mayor to enter into arrangements to resolve disputes over the Federal payment.

(d) authorizes the first Federal payment to be computed on the basis of preliminary estimates.

TITLE VIII-AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT

AMENDMENTS

§ 801-makes the following amendments to the District of Columbia Election Act:

1) amends D.C. Code § 1-1101 to add the office of Mayor, members of Council and the Delegate from the District of Columbia to the list of officials to be chosen by the electoral process.

2) amends D.C. Code § 1-1102 (2) definition of the term "qualified voter" in the following respects: 1) it reduces the voting age from 21 to 18 years, 2) reduces the residency requirement from 1 year to 6 months, 3) redefines the term "ward" to mean "an election ward" rather than "a school election ward," and, 4) adds definitions for the terms "Council" and "Mayor"--both of which are declared to refer to the officer established by this Act.

3) amends D.C. Code § 1-1103 to continue the present Board of Election members in office until the expiration of their appointed term. Thereafter, the 3-member Board shall be appointed for 3-year terms by the Mayor, by and with the advice and consent of the Council, at an annual stipend of $1,500. Chairman of the Board is to be designated by the members.

4) amends D.C. Code § 1-1105 (a) (4) to require the Board to divide the District into "eight compact and contiguous election wards" rather than eight school election wards.

5) amends D.C. Code § 1–1107(d) (1) to require the voter's registry to be closed during the 30-day period ending on the first Tuesday following the first Monday in November of each year rather than in each odd-numbered year as is presently required.

6) amends D.C. Code § 1-1108 (h) (1) to include the Council members as the persons required to be elected by the qualified electors of the respective wards of the District from which the members have been nominated. Excepts the 3 Board of Education members elected at large, the Chairman of the Council, the Mayor and the District delegate from this requirement.

7) adds candidates for the office of Council member, Mayor and District delegate to the provisions of D.C. Code § 1-1108 (i) relating to forms and dates for filing nominating petitions; and. requires the Board of Elections to insure that each signature on a petition is that of a registered voter, and that no voter has signed more than one nominating petition for any office.

8) adds a new paragraph to D.C. Code § 1-1110 (3) to set the election date for members of Council (on the Tuesday next after the first Monday in November of each even-numbered year) and the Mayor (on the Tuesday next after the first Monday in November in each Presidential election year).

9) amends D.C. Code § 1-1110(4) (A) to require a runoff election (on the 21st day after the general election) when candidates for the Board of Education or Council receive less than 40 percent of the at-large votes, or 40 percent of the valid votes cast in the ward from which they have been nominated. The same percentage applies to candidates for the office of Council chairman, Mayor and District delegate. The candidate receiving the highest number of votes in the runoff election shall be declared elected.

Presently, a runoff election is required only when a candidate for the Board of Education fails to receive a majority of the votes cast.

10) amends D.C. Code § 1-1110 (5) to specify who the two or more candidates shall be in the case of any runoff election, and specifies that the Board of Elections shall resolve any tie votes among candidates to determine the runoff candidates.

11) conforming amendments are made to the remainder of D.C. Code § 1-1110, i.e., in most cases, merely inserting the terms "or Council, or Mayor, or Delegate from the District of Columbia" where appropriate.

RECALL

§ 802-subjects elected officials to recall upon a petition signed by 25 percent of the number of voters in the preceding general election in the elective unit or ward from which such official was elected. If the official does not resign within 5 days after the petition is filed, a special election shall be held within 20 days thereafter to determine whether the qualified voters of the applicable elective unit will recall such officer.

Specifies that the reasons for recall shall be printed on the ballot in not more than 200 words, and if a majority of the qualified voters vote to recall any officer, his recall shall be effective on the day the Board of Elections certifies the election results.

Requires the Board of Elections to prescribe necessary rules and regulations with respect to the form, filing, examination, amendment and certification of recall petitions, and the conduct of special recall elections.

INTERFERENCE WITH REGISTRATION OR VOTING

§ 803 enjoins any person from interfering with the registration or voting of another person, except as may be reasonably necessary to perform a duty imposed by law. Immunizes voters from arrest while voting or going to vote (except for treason, felony, or breach of peace then committed) and performing military duty on election day (except in time of war or public danger).

TITLE IX-MISCELLANEOUS

AGREEMENTS WITH THE UNITED STATES

§ 901-authorizes agreements (except where the conditions and terms are governed by law) between the District and the Federal Government for an interchange of services. Agreements must be approved by the Mayor, the Council and the Director of the Bureau of the Budget. Requires the costs to be paid by the Government receiving the services.

PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS

§ 902-provides for a forfeiture of office or position upon conviction of a District officer or employee for a violation of 18 U.S.C. § 208.

COMPENSATION FROM MORE THAN ONE SOURCE

§ 903-removes dual-compensation prohibitions for members of Council and the Board of Elections.

ASSISTANCE OF THE UNITED STATES CIVIL SERVICE COMMISSION IN DEVELOPMENT OF DISTRICT MERIT SYSTEM

§ 904-authorizes the United States Civil Service Commission to assist the Mayor and Council to develop a District merit system and enter into agreements to make registers of eligibles available as a recruiting source for the District.

TITLE X-SUCCESSION IN GOVERNMENT

TRANSFER OF PERSONNEL, PROPERTY AND FUNDS

$1001-provides for the simultaneous transfer of property, records, appropriations and employees when functions are transferred under this Act. If such transfers result in an excess of employees, they are to be retransferred to other positions in the District or Federal Government with their civil service status and rights intact.

EXISTING STATUTES, REGULATIONS, AND OTHER ACTIONS

§ 1002-Except as otherwise modified or made inapplicable by law, statutes, regulations, rules, orders, contracts, compacts, policies, grants, permits, etc. in existence with respect to transferred functions continue in effect as if such transfer had not been made.

PENDING ACTIONS AND PROCEEDINGS

§ 1003-provides that any judicial or administrative action lawfully commenced against or by any officer or agency of the District shall not abate by reason of any provision of this Act upon its taking effect.

VACANCIES RESULTING FROM ABOLISHMENT OF OFFICES OF COMMISSIONER AND ASSISTANT TO THE COMMISSIONER

§ 1004 provides that until July 1 next after the Mayor takes office agency vacancies by reason of abolishing the above offices shall not affect the power of the remaining members of such agency to exercise its functions, but its action may only be taken upon a majority vote of its members.

TITLE XI-SEPARABILITY OF PROVISIONS

§ 1101-preserves the applicability and validity of the remaining provisions of the Act in the event any of its provisions are held inapplicable or invalid.

TITLE XII-TEMPORARY PROVISIONS

POWERS OF THE PRESIDENT DURING TRANSITION PERIOD

$1201-authorizes the President, during the transition period, to take such action as he deems necessary with respect to administration of the District's functions to enable the Board of Elections to perform its functions under this Act.

REIMBURSABLE APPROPRIATIONS FOR THE DISTRICT

§ 1202-provides for a Federal advance subject to reimbursement without interest-of $750,000 to pay the expenses of the Board of Elections, and in otherwise carrying into effect the provisions of this Act.

[blocks in formation]

TITLE XIII-EFFECTIVE DATES

§ 1301-establishes effective dates as follows:

a) Charter-effective the day after it is accepted.

b) Title III, part 2. Title VII (except part 4) and Title XV-on the day the first elected Council members take office.

c) Section 402-on the day the first elected Mayor takes office.

d) Title VII, part 4-with respect to the first fiscal year, beginning next after the first elected Mayor takes office, and with respect to subsequent fiscal years.

e) Titles XII, XIV, and XV-on the day after this Act takes effect.

TITLE XIV-SUBMISSION OF CHARTER FOR REFERENDUM

CHARTER REFERENDUM

§ 1401-requires the Board of Elections to set a Charter Referendum date within 4 months after this Act's enactment.

BOARD OF ELECTIONS

§ 1402-in accordance with Title VIII hereof, the Board of Elections shall conduct the Charter Referendum and certify its results.

APPLICABILITY OF TITLE VIII

§ 1403-provides that Title VIII-despite the fact it does not take effect until the charter is accepted, and except as otherwise indicated in this Title-shall govern all aspects of the referendum election.

CHARTER REFERENDUM BALLOT: NOTICE OF VOTING

§ 1404-specifies the contents of the charter referendum ballot. Permits voting by paper ballot or voting machine. Sample ballots and information showing the polling place must be mailed to the registered voters 5 days before the referendum, and, a list of the polling places and hours of voting must be published in a newspaper of general circulation one day before the referendum.

ACCEPTANCE OR NONACCEPTANCE OF CHARTER

§ 1405-requires a majority vote of the qualified electors for charter acceptance and requires certification of election results by the Board of Elections within 30 days of the referendum.

TITLE XV-INITIATIVE

POWER TO PROPOSE AND ENACT LEGISLATION

§ 1501-vests the District's qualified voters with power to enact legislation on all subjects through the medium of initiative upon a petition for the same by 10 percent of the number of qualified voters voting in the last preceding general election. Requires the Board of Elections to certify petitions for initiative which shall be voted upon at the first general election not less than 30 days nor more than 1 year from the certification date.

Sets the contents of such petitions, gives the Board of Elections 30 days to certify petitions, and declares that in the case of conflicting petitions in the same election, the one receiving the largest affirmative vote shall prevail to the extent of such conflict.

TITLE XVI-TITLE OF ACT

§ 1601-cites the Act as the "District of Columbia Charter Act."

The CHAIRMAN. As we proceed with these hearings there will undoubtedly be other proposals, ranging, I am sure, from doing nothing through full voting representation in Congress and statehood for the District. My mind is still open to any new ideas which may develop, and if home rule is to have meaning it should be of the type desired by the people of the District of Columbia. To that end there is a

« ÎnapoiContinuă »