Hearings

Washington, D.C. The committee met, pursuant to notice at 11:30 a.m. in room 6226, New Senate Office Building, Senator Thomas F. Eagleton (chairman), presiding.

Present: Senators Eagleton, Inouye, Weicker, and Buckley.

Also present: Robert Harris, staff director; Gene E. Godley, general counsel and James S. Medill, minority counsel.

The CHAIRMAN. This hearing relates to nominations to the D.C. city council. The nominees are Mrs. Margaret A. Haywood, Mr. Joseph P. Yeldell and Mr. Henry K. Williard. At this point in the record I order printed part two of the reorganization plan which deals with the council. For the information of those in attendance this morning, section 201(b) provides:

The Council shall be composed of a chairman of the Council, a vice chairman of the Council, and seven other members all of whom shall be appointed by the President of the United States, by and with the advice and consent of the Senate. At the time of his appointment each member of the Council shall be a citizen of the United States, shall have been an actual resident of the District of Columbia for three years next preceding his appointment, and shall during that period have claimed residence nowhere else. The Council shall be nonpartisan and no more than six of its members shall be adherents of any one political party. Appointments to the Council shall be made with a view toward achieving a Council membership which will be broadly representative of the District of Columbia community.

(Part two of the reorganization plan which deals with the council follows:)

REORGANIZATION PLAN NO. 3 OF 1967

(Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 1, 1967, pursuant to the provisions of chapter 9 of title 5 of the United States Code)

GOVERNMENT OF THE DISTRICT OF COLUMBIA

PART II. DISTRICT OF COLUMBIA COUNCIL

SEC. 201. Establishment of the Council. (a) There is hereby established in the Corporation a Council which shall be known as the "District of Columbia Council" (hereinafter referred to as the Council).

(b) The Council shall be composed of a Chairman of the Council, a Vice Chairman of the Council, and seven other members, all of whom shall be appointed by the President of the United States, by and with the advice and consent of the Senate. At the time of his appointment each member of the Council shall be a citizen of the United States, shall have been an actual resident of the District of Columbia for three years next preceding his appointment, and shall

during that period have claimed residence nowhere else. The Council shall be nonpartisan and no more than six of its members shall be adherents of any one political party. Appointments to the Council shall be made with a view toward achieving a Council membership which will be broadly representative of the District of Columbia community.

(c) One or more of the nine Council members hereinabove provided for may be appointed from among (1) retired civilian employees of the Government, (2) retired personnel of the armed services of the United States, and (3) retired personnel of the Corporation. Any person so appointed shall be eligible to receive the compensation provided for in section 204 hereof and appointment hereunder shall not affect his right to receive annuity, pension, or retired pay to which he is otherwise entitled.

(d) Three of the appointments first made under this section shall be for terms expiring February 1, 1968, three shall be for terms expiring February 1, 1969, and three shall be for terms expiring February 1, 1970; and thereafter appointments shall be made for terms of three years. Any appointments made to fill a vacancy shall be made only for the unexpired balance of the term. Any member of the Council may continue to serve as such member after the expiration of his term of office until his successor is appointed and qualifies. Any member of the Council may be removed by the President of the United States for neglect of duty or malfeasance in office or when the member has been found guilty of a felony or conduct involving moral turpitude.

(e) Each member of the Council before entering upon the discharge of his duties as such member shall take an oath or affirmation to support the Constitution of the United States and to faithfully discharge the duties imposed upon him as such member.

(f) Five members of the Council shall constitute a quorum for the transaction of business of the Council, except that four members shall constitute a quorum whenever two or more Council memberships are vacant.

SEC. 202. Acting Chairman. During the absence or disability of the Chairman of the Council, or whenever there be no Chairman, the Vice Chairman shall act as Chairman of the Council.

SEC. 203. Secretary of the Council. (a) There is hereby established the office of the Secretary of the Council. The Secretary shall be appointed by the Council from time to time.

(b) The Secretary shall perform such duties, and shall provide such services for the Council and its members, as the Council may prescribe. Personnel appointed to assist the Secretary in carrying out his responsibilities under this section shall be appointed by the Secretary subject to the approval of the Council. SEC. 204. Compensation. The Chairman of the Council shall receive compensation at the rate of $10,000 per annum, the Vice Chairman shall receive compensation at the rate of $9,000 per annum, and each other member of the Council shall receive compensation at the rate of $7,500 per annum. The Secretary of the Council shall receive compensation determined in accordance with the classification laws as amended from time to time.

SEC. 205. Performance of functions of the Council. (a) The Council is hereby authorized to make from time to time such provisions as it deems appropriate to authorize the performance of any of its functions by the Commissioner of the District of Columbia (hereinafter provided for).

(b) The Council is hereby authorized to make from time to time, subject to the concurrence of the Commissioner of the District of Columbia, such provisions as it deems appropriate to authorize the performance of any of its functions by any officer, agency, or employee of the Corporation except the courts thereof. (c) All functions provided for in regulations of the Council (including existing regulations continued in force without action by the Council) which are to be carried out by any officer, employee, or agency, who or which is in other respects under the jurisdiction of the Commissioner of the District of Columbia shall be carried out by such officer, employee, or agency under the direction and control of the Commissioner.

The CHAIRMAN. At this time I should like to call the nominees. First, Mrs. Haywood. Will all three nominees come forward at the same time if they desire; Mrs. Haywood, Mr. Yeldell, and Mr. Willard. Mrs. Haywood, do you care to make any statement?

STATEMENT OF MRS. MARGARET A. HAYWOOD; NOMINEE, DISTRICT OF COLUMBIA COUNCIL

Mrs. HAYWOOD. Mr. Chairman and members of the committee: My name is Margaret A. Haywood. I am a resident of the District of Columbia, continuously since 1921.

I have had the privilege of giving service on the District of Columbia Council since its inception, and I believe that I have enhanced both my knowledge of the needs of the people and my zeal to help find ways to meet those needs. In the course of these 311⁄2 years since November 1967, my desire to serve my city and Nation in this way has grown in intensity. My willingness to continue is undiminished. Thus, I do, indeed, seek your approval of my nomination.

While the council's primary function is, of course, legislative, or quasi-legislative in nature, there are numerous other ways in which councilmen serve the city. I have been fortunate to be delegated to the Washington Metropolitan Area Transit Authority board of directors as an alternate director. Helping to plan for the mass transit system that one day will be the world's greatest is an extremely exciting and challenging responsibility. I am a member of the District of Columbia Commission on the Status of Women, and like to think that I contribute toward improvement of the conditions of women in the community through that medium. As an ex-officio member of the mayor's Economic Development Committee, and as a recent appointee to the mayor's Manpower Advisory Committee, I find the means of providing the team-work between the mayor-commissioner and council, as it applies to me personally.

In short, gentlemen, most of my adult life has been spent in public service, and it has been very rewarding to me to apply as best I know how, the best I have absorbed from professional, charitable, religious and civic pursuits toward making government responsive and humane. I desire very much to continue, and in the company of incumbents on the council as well as the prospective new appointees.

I thank you for your consideration of me.

(Mrs. Haywood's biographical sketch follows:)

BIOGRAPHICAL SKETCH OF MARGARET A. HAYWOOD

Mrs. Margaret A. Haywood, an attorney engaged in private practice of law since 1942, was educated in the public schools of the District of Columbia, and was one of the first pupils to attend Cardozo High School studying business. She took her LLB Degree from Robert H. Terrell Law School, and began the practice of law with the firm of Houston, Houston and Hastie at 615 "F" Street, N.W., Washington, D.C.

Mrs. Haywood's experience includes secretarial positions with John R. Pinkett, Incorporated, insurance and real estate firm, 1937-1938; Washington Urban League, Incorporated, 1939-1942; and part-time volunteer teaching from 1943 through 1949 at Terrell Law School. She taught the subjects Wills and Administration, Business Units I (Agency), Ethics, and Insurance. She is a member of the Bars of the local courts of the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court.

In addition to the practice of law, Mrs. Haywood has engaged in other professional activities. She was for many years a licensed real estate broker in the District of Columbia and does public accounting, and prior to becoming a member of the District of Columbia Council prepared income tax returns and practiced before the Treasury Department.

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