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(6) The chief judge and associate judges of the Municipal Court of Appeals for the District of Columbia, the chief judge and judges of the Municipal Court for the District of Columbia, and the judge of the Juvenile Court.

(7) Officers and employees who render service without compensation under existing law.

COMPENSATION OF CERTAIN EMPLOYEES OF THE DISTRICT

SEC. 1006. The District Council, by ordinance, may fix from time to time the compensation of those employees of the District, if any, to whose positions or employment the Classification Act of 1923, as amended, is inapplicable, and whose rates of compensation are not otherwise fixed by or pursuant to law.

PAYMENT FOR SERVICES RENDERED BY CIVIL SERVICE COMMISSION

SEC. 1007. The cost, as determined by the Civil Service Commission, of services (furnished after June 30, 1953) of the Commission in the administration of the Act entitled "An Act to regulate and improve the civil service of the United States", approved January 16, 1883, as amended, and rules and regulations made in pursuance of such Act, and of the Classification Act of 1923, as amended, on behalf of the government of the District shall be borne by such government.

PART 2-RETIREMENT

LIABILITY OF DISTRICT

SEC. 1021. The government of the District shall, for each fiscal year, pay to the United States the amount certified by the Civil Service Commission to the Director of the Bureau of the Budget as being necessary to finance the liability of the government of the District with respect to the retirement of its officers and employees.

PAYMENT FOR SERVICES RENDERED BY CIVIL SERVICE COMMISSION

SEC. 1022. The cost, as determined by the Civil Service Commission, of services (furnished after June 30, 1953) of the Commission in the administration of the retirement system on behalf of the government of the District shall be borne by such government.

TITLE XI-MISCELLANEOUS

AGREEMENTS WITH UNITED STATES

SEC. 1101. (a) For the purpose of preventing duplication of effort or of otherwise promoting efficiency and economy, any Federal officer or agency may furnish services to the District government and any District officer or agency may furnish services to the Federal Government. Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law, such services shall be furnished pursuant to a contract (1) negotiated by the Federal and District authorities concerned, and (2) approved by the Director of the Bureau of the Budget and by the Mayor, by and with the advice and consent of the District Council. Each such contract shall provide that the cost of furnishing such services shall be borne in the manner provided in subsection (c) by the Government to which such services are furnished at rates or charges based on the actual cost of furnishing such services.

(b) For the purpose of carrying out any contract negotiated and approved pursuant to subsection (a), any District officer or agency may in the contract delegate any of his or its function to any Federal officer or agency, and any Federal officer or agency may in the contract delegate any of his or its functions to any District officer or agency. Any function so delegated may be exercised in accordance with the terms of the delegation.

(c) The costs to each Federal officer and agency in furnishing services to the District pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the District Council to the District officers and agencies to which such services are furnished The costs to each District officer and agency in furnishing services to the Federal Government pursuant to any such contract shall be paid, in accordance with the terms of the contract, out of appropriations made by the Congress to the Federal officers and agencies to which such services are furnished.

PERSONAL INTEREST IN CONTRACTS OR TRANSACTIONS

SEC. 1102. No member of the District Council and no other officer or employee of the District with power of discretion in the making of any contract to which the District is a party or in the sale to the District or to a contractor supplying the District of any land or rights or interests in any land, material, supplies, or services shall have a financial interest, direct or indirect, in such contract or sale. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the District found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge express or implied of the person contracting with the District shall render the contract voidable by the Mayor or the District Council.

COMPENSATION FROM MORE THAN ONE SOURCE

SEC. 1103. (a) Except as provided in this Act, no person shall be ineligible to serve or to receive compensation as a member of the District Council, the Board of Education, or the Board of Elections because he occupies another office or position or because he receives compensation (including retirement compensation) from another source.

(b) The right to another office or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of the District Council or either such Board, if such service does not interfere with the discharge of his duties in such other office or position.

(c) For the purpose of sections 281 and 283 of title 18 of the United States Code, no person shall, by reason of membership on the District Council, the Board of Education, or the Board of Elections or by reason of his serving in any position in or under the government of the District of Columbia, be considered to be an officer or employee of the United States.

TITLE XII-SUCCESSION IN GOVERNMENT

TRANSFER OF PERSONNEL, PROPERTY, AND FUNDS

SEC. 1201. (a) In each case of the transfer, by any provision of this Act, of functions to any agency or officer, there are hereby transferred (as of the time of such transfer of functions) to such agency or to the agency of which such officer is the head, for use in the administration of the functions of such agency or officer, the personnel (except the members of boards or commissions abolished by this Act), property, records, and unexpended balances of appropriations and other funds, which relate primarily to the functions so transferred.

(b) If any question arises in connection with the carrying out of subsection (a), such question shall be decided

(1) in the case of functions transferred from a Federal officer or agency, by the Director of the Bureau of the Budget; and

(2) in the case of other functions (A) by the District Council, or in such manner as the District Council shall provide, if such functions are transferred to the District Council or to the Board of Education, and (B) by the Mayor if such functions are transferred to any other officer or agency. (c) Any of the personnel transferred to any agency by this section which the head of such agency shall find to be in excess of the personnel necessary for the administration of his or its functions shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service.

(d) No officer or employee shall, by reason of his transfer by this Act, be deprived of a civil-service status held by him prior to such transfer.

EXISTING STATUTES, REGULATIONS, AND SO FORTH

SEC. 1202. (a) Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this Act shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this Act shall be held and considered to refer to the officer or agency to which the transfer is made.

(b) As used in subsection (a), the term "other action" includes any rule, order, contract, policy, determination, directive, grant, authorization, permit, requirement, or designation.

PENDING ACTIONS AND PROCEEDINGS

SEO. 1203. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act, but the court, unless it determines that the survival of such suit, action, or other proceeding is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.

(b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.

VACANCIES RESULTING FROM ABOLITION OF BOARD OF COMMISSIONERS

SEC. 1204. Until July 1, 1953, no vacancy occurring in any District agency by reason of section 321, abolishing the Board of Commissioners, shall affect the power of the remaining members of such agency to exercise its functions, but such agency may take action only if a majority of the members holding office vote in favor of it.

TITLE XIII-SEPARABILITY OF PROVISIONS

SEPARABILITY OF PROVISIONS

SEC. 1301. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.

TITLE XIV-TEMPORARY PROVISIONS

POWERS OF THE PRESIDENT DURING TRANSITION PERIOD

SEC. 1401. The President of theUnited States is hereby authorized and directed to take such action during the period following the date of the enactment of this Act and ending on the date of the first meeting of the District Council, by Executive order or otherwise, with respect to the administration of the functions of the District of Columbia government as he deems necessary to enable the Charter Referendum Board and the Board of Elections properly to perform their functions under this Act.

REIMBURSABLE APPROPRIATION FOR THE DISTRICT FOR PERIOD ENDING JUNE 30, 1953

SEC. 1402. (a) The sum of $500,000 is hereby authorized to be appropriated for the District of Columbia, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1953, for use (1) in paying the expenses of the Charter Referendum Board (including compensation of the members thereof), (2) in paying the expenses of the Board of Elections (including compensation of the members thereof), and (3) in otherwise carrying into effect the provisions of this Act.

(b) The full amount of expenditures out of the appropriations made under this authorization shall be reimbursed to the United States, without interest, during the fiscal year ending June 30, 1954, from the general fund of the District of Columbia.

TITLE XV-EFFECTIVE DATES

EFFECTIVE DATES

SEC. 1501. (a) As used in this title and title XVI the term "charter" means titles I to XIII, both inclusive, and titles XVII and XVIII.

(b) The charter shall take effect only if accepted pursuant to title XVI. If the charter is so accepted, it shall take effect on the day following the date on which it is accepted (as determined pursuant to section 1606, except that—

(1) part 2 of title III, and sections 1102 and 1103, shall take effect January 1, 1953;

(2) title VII and title X shall take effect July 1, 1953;

(3) section 402 shall take effect on the day after the day upon which the Mayor first appointed takes office;

(4) title V shall be applicable only with respect to the fiscal year ending June 30, 1954, and each succeeding fiscal year; and

(5) in the event this measure is not enacted into law on or before March 31, 1952, all effective dates herein shall be postponed for a period of six months from the dates herein set forth.

(c) Titles XIV, XV, and XVI shall take effect on the day following the date on which this Act is enacted.

TITLE XVI-SUBMISSION OF CHARTER FOR REFERENDUM

CHARTER REFERENDUM

SEC. 1601. (a) On August 5, 1952, a referendum (in this title referred to as the "charter referendum") shall be conducted to determine whether the registered qualified electors of the District of Columbia accept the charter.

(b) As used in this title, the term "qualified elector" means a person (1) who has a place of abode or has been domiciled in the District of Columbia continuously since August 5, 1951; (2) who is a citizen of the United States; (3) who is or will be on August 5, 1952, at least twenty-one years old; (4) who has never been convicted of a felony in the United States or, if he has been so convicted, has been pardoned; and (5) who is not mentally incompetent, as adjudged by a court of competent jurisdiction.

CHARTER REFERENDUM BOARD

SEC. 1602. (a) There is hereby created as an agency of the District of Columbia government a Charter Referendum Board, consisting of five members, as follows: (1) The President of the Board of Commissioners of the District of Columbia, and (2) four individuals who are not employees of such District, appointed by the President of the United States from among the qualified electors who reside and are domiciled in the District. No individual shall be so appointed unless he executes an affidavit that he resides and is domiciled in the District. The President of the United States shall designate the member who shall act as Chairman of the Board.

(b) The Charter Referendum Board shall—

(1) prepare and maintain a registry;

(2) conduct the charter referendum provided for by section 1601;

(3) in addition to determining appeals with respect to matters referred to in sections 1603 and 1605, determine appeals with respect to any other matters which (under regulations prescribed by it under subsection (c)) mav be appealed to it;

(4) print, distribute, and count ballots, or provide and operate suitable voting machines;

(5) divide the District of Columbia into appropriate voting precincts, each of which shall contain at least three hundred and fifty registered persons; (6) operate polling places;

(7) certify the result of the charter referendum; and

(8) perform such other functions as are imposed upon it by this title. (c) The Charter Referendum Board may prescribe such regulations, not inconsistent with the provisions of this title, as may be necessary or appropriate for the purposes of this title, including regulations providing for appeals to it on questions arising in connection with registrations and voting (in addition to matters referred to in secs. 1603 and 1605) and for determination by it of appeals. (d) The officers and agencies of the District of Columbia government shall furnish to the Charter Referendum Board, upon request of such Board, such space and facilities in public buildings in the District of Columbia to be used as registration or polling places, and such records, information, services, personnel, offices, and equipment, and such other assistance and facilities, as may be necessary to enable such Board properly to perform its functions.

(e) In the performance of its duties, the Charter Referendum Board shall not be subject to the authority of any nonjudicial officer of the District of Columbia. (f) Members of the Charter Referendum Board other than the President of

the Board of Commissioners shall hold no other office or employment in the District of Columbia government. Not more than three members shall be registered members of the same political party.

(g) Each member of the Charter Referendum Board except the President of the Board of Commissioners shall be paid compensation at the rate of $250 a month, but not to exceed a total of $1,500. The provisions of section 1105, notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this title, shall apply with respect to members of the Charter Referendum Board in the same manner as it applies with respect to members of the agencies specified therein.

(h) The Charter Referendum Board, and persons authorized by it, may administer such oaths as it considers appropriate to require in the performance of its functions.

(i) The Charter Referendum Board may employ necessary personnel and may fix their compensation without regard to the Classification Act of 1923, as amended.

(j) The records and accounts of the Charter Referendum Board shall, subject to such limitations prescribed by such Board as are reasonably necessary to the exercise of its functions, be open to public inspection during regular business hours. Such requirements shall not extend to records and accounts the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

(k) The Charter Referendum Board shall cease to exist at the close of the day on which the charter is accepted (as determined pursuant to sec. 1606), or at the close of December 31, 1952, whichever is earlier.

(1) If the charter is accepted under this title, the function of winding up the affairs of the Charter Referendum Board shall be exercised, after such Board ceases to exist, by the Board of Elections created by section 901. If the charter is not accepted under this title, such function shall be exercised, after such Board ceases to exist, by the Board of Commissioners of the District of Columbia.

REGISTRATION

SEC. 1603. (a) The Charter Referendum Board shall conduct within the District of Columbia a registration of the qualified electors of such District, commencing as soon as practicable after the enactment of this Act (but in no event later than June 15, 1952) and continuing until July 15, 1952.

(b) Prior to the commencement of such registration, the Charter Referendum Board shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the registration places and the dates and hours of registration.

(c) No qualified elector may vote in the charter referendum unless he is registered in the District of Columbia.

(d) No person shall be registered unless

(1) he is a qualified elector; and

(2) he executes a registration affidavit (unless prevented by physical disability) showing

(A) that he meets each of the requirements specified in section 1601 (b) for a qualified elector; and

(B) that he has no intention of doing any act which would prevent him from being a qualified elector on August 5, 1952.

(e) In any case where a person is not permitted to register, such person may appeal to the Charter Referendum Board, but not later than July 18, 1952. The Board shall decide within seven days after the appeal is perfected whether the challenged elector is entitled to register. If the appeal is denied, the appelant may, within three days after such denial, appeal to the Municipal Court for the District of Columbia. The court shall decide the issue not later than August 1, 1952. If the appeal is upheld by either the Board or the court, the challenged elector shall be allowed to register immediately.

CHARTER REFERENDUM BALLOT; NOTICE OF VOTING

SEC. 1604. (a) The charter referendum ballot shall contain the following, with the blank space appropriately filled:

"The District of Columbia Charter Act, enacted__

proposes to establish a new charter for the District of Columbia, but provides that the charter shall take effect only if it is accepted by the registered qualified electors of the District in this referendum.

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