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COMPENSATION OF MEMBERS

SEC. 1105. Members of the Board of Education shall receive $10 per meeting attended, but not to exceed $10 for any one calendar week.

PRESIDENT OF THE BOARD OF EDUCATION

SEC. 1106. (a) The Board of Education shall elect from among its members a presiding officer, to be known as the "President of the Board of Education". The term of the first such president shall expire at the close of December 31, 1951, and at the close of December 31 of each succeeding odd-numbered year the term of office of the incumbent president shall expire. The Board of Education may by resolution remove the President of the Board of Education from his office as such.

(b) The President of the Board of Education shall, with the approval of the Board, designate a member of the Board to act as president during his absence or disability. If a vacancy occurs in the office of president, the Board shall elect from among its members a president for the unexpired term.

(c) If, by the close of the day on which its first meeting in an even-numbered year is convened, or on which its first meeting after the occurrence of a vacancy in the office of president is convened, the Board has not elected a president, the President of the United States shall designate a member of the Board to act as president until the Board elects a president.

STAFF OF THE BOARD OF EDUCATION; RECORDS

SEC. 1107. (a) The Board of Education shall appoint a secretary who shall serve at the pleasure of the Board as its chief administrative officer.

(b) The secretary shall designate a qualified member of the staff of the Board to act as secretary during the absence or disability of the secretary.

(c) The person duly acting as secretary shall keep a full record of the Board's proceedings, and preside at Board meetings when the office of president is vacant and no acting president has been designated by the President.

MEETINGS

SEC. 1108. (a) The first meeting of the Board of Education after this section takes effect shall be called by the chairman of the Joint Committee. He shall preside until a presiding officer is elected or designated. The first meeting of the Board in each even-numbered year commencing with 1952 shall be called by the secretary of the Board for a date not later than January 31 of such year.

(b) The Board of Education shall by resolution provide for the time and place of its regular meetings. The Board shall hold at least one regular meeting in each calendar month.

(c) The President of the Board of Education, or any two members acting jointly, may at any time call a special meeting of the Board. Adequate notice of a special meeting shall be given in the manner provided by the Board by resolution, and shall state the business to be transacted. No other business shall be transacted at the meeting except by unanimous consent of all members of the Board then holding office.

(d) Meetings of the Board of Education shall be open to the public, except when the Board is in executive session. The Board or its president may at any time authorize an executive session of the Board, to be held at any regular or special meeting. Members of the Joint Committee and its authorized agents may attend any session of the Board or of any of its committees.

CONDUCT OF BUSINESS

SEC. 1109. (a) The Board of Education shall adopt rules of procedure.

(b) The Board of Education shall establish such permanent and special committees of its members as it considers appropriate.

(c) At an executive session, no action shall be taken by the Board except on a motion to recess, to adjourn, or to open the meeting to the public.

(d) Except on a motion to recess, to adjourn, or to open the meeting to the public, no action shall be taken by the Board unless a majority of the members then holding office are present and vote in favor of it.

(e) All voting in the Board, except on purely procedural motions, shall be by roll call.

(f) Each proposed regulation shall be submitted in writing in the form in which it is intended to be passed and shall be sponsored by a member of the Board of Education. It may be referred to committee for study or considered by a committee of the whole.

(g) Final action by the Board of Education shall not be taken on a proposed regulation until the thirteenth day following the day on which it was submitted; but the Board of Education may take earlier final action at a regular meeting, or at a special meeting for which adequate notice has been given, upon unanimous vote of the members present.

FREE INSTRUCTION FOR NONRESIDENT PUPILS DENIED

SEC. 1110. (a) The Board of Education may provide instruction for a person residing outside the District only if at least one parent of such person is employed within the District and tuition based upon cost of instruction, as determined by the Board of Education, is paid on behalf of such person.

(b) This section shall not apply with respect to any person who was enrolled in a District public school on July 25, 1947.

TITLE XII-CERTAIN AGENCIES NOT UNDER THE DIRECTION AND SUPERVISION OF THE DISTRICT MANAGER

ZONING ADJUSTMENT BOARD

SEC. 1201. (a) The Board of Zoning Adjustment created by section 8 of the Act of June 20, 1938, providing for the zoning of the District (D. C. Code, 1940 edition, sec. 5-420), is hereby abolished. The functions of such Board are hereby transferred to the Zoning Adjustment Board created by subsection (b).

(b) There is hereby created a Zoning Adjustment Board for the District of Columbia consisting of the following five members: (1) A representative of the District Council, who shall be a member of such council designated by the Mayor; (2) a representative of the National Capital Park and Planning Commission designated by its Chairman; and (3) three qualified electors appointed by the Mayor with the approval of the District Council. Each of such last three members shall have resided in the District for the three-year period ending on the date of his appointment, and at least one of the three shall own a home in the District.

(c) Any person who represents either the District Council or the National Capital Park and Planning Commission on the Zoning Adjustment Board shall serve at the pleasure of the officer designating him. The term of office of each of the three members appointed by the Mayor with the approval of the District Council shall be three years, with the exception that the term of one of the initial appointees to the Board shall expire, as designated by the Mayor, at the close of June 30 of each of the following years: 1951, 1952, and 1953. The District Council, after notice and opportunity for hearing, may by resolution remove any of the three members appointed by the Mayor with its approval, but only for neglect of duty or malfeasance in office. Vacancies in the Board shall be filled for the duration of the unexpired term in the manner provided for original appointment.

(d) The representative of the District Council serving on the Zoning Adjustment Board shall be its chairman. A majority of the members of the Board shall constitute a quorum. The affirmative vote of a majority of the members of the Board shall be necessary for any decision or order.

(e) No member of the Zoning Adjustment Board who holds a salaried public office or position in the Federal or District Government shall receive additional compensation for his services with the Board. The District government shall compensate each of the other members of the Board at such rate, not to exceed $1,000 per annum, as the District Council may by ordinance provide.

PUBLIC UTILITIES COMMISSION

SEC. 1202. (a) The Public Utilities Commission of the District of Columbia created by section 8 of the Act of March 4, 1913, making appropriations for the District of Columbia, as amended by the first section of the Act of December 15, 1926, altering the personnel of such Commission (D. C. Code, 1940 edition, sec. 43-201, 202), is hereby abolished. The functions of such Commission are hereby transferred to the Public Utilities Commission created by subsection (c).

(b) The office of people's counsel created by section 3 of the Act of December 15, 1926, altering the personnel of the Public Utilities Commission (D. C. Code, 1940 edition, sec. 43-205), is hereby abolished.

(c) There is hereby created a Public Utilities Commission for the District of Columbia consisting of three members. The three members first appointed shall be appointed by the President, and thereafter members, including members appointed to fill vacancies, shall be appointed by the Mayor with the approval of the District Council. No person shall be appointed to the Commission unless he has resided in the District for the three-year period which ends on the day of his appointment. No person shall be appointed to the Commission if at any time during the one-year period which ends on the day of his appointment he performed services for compensation for any public utility. During his incumbency, no member of the Commission shall have any direct pecuniary interest (1) in any public utility operating in the District or having an interest in property in the District, or (2) in any stock, bond, mortgage, security, or contract of any such public utility. If any member of the Commission shall voluntarily become so interested, his office shall ipso facto become vacant. If any member shall become so interested other than voluntarily he shall, within a reasonable time, divest himself of such interest, and if he fails to do so his office shall become vacant. Before entering upon the duties of his office or position each member and employee of the Commission shall, in addition to the oath or affirmation required in the case of officers of the District, make oath or affirmation before and file with the clerk of the United States District Court for the District of Columbia that he meets each of the requirements of this subsection. No member shall hold any other public office during his term of office.

(d) The terms of office of the members first taking office shall begin on the date of appointment and shall expire, as designated by the President at the time of appointment, one at the close of June 30, 1952, one at the close of June 30, 1954, and one at the close of June 30, 1956. Each subsequent term shall be six years, expiring at the close of June 30 of the sixth year. The District Council may by resolution remove any member after notice and opportunity for hearing, but only for neglect of duty or malfeasance in office. Vacancies in the Commission shall be filled for the duration of the unexpired term in the manner provided for original appointment.

(e) The Public Utilities Commission shall at least biennially elect its own chairman. A majority of the members shall constitute a quorum to do business, and any vacancy shall not impair the right of the remaining members to exercise all the powers of the Commission. Any investigation, inquiry, or hearing within the powers of the Commission may be made or held by any member, whose acts and orders, when approved by the Commission, shall be deemed to be the order of the Commission.

(f) Each member of the Public Utilities Commission shall receive a salary at the rate of $7,500 per annum.

BOARD OF TAX APPEALS

SEC. 1203. The Board of Tax Appeals for the District of Columbia created by section 2 of title IX of the District of Columbia Revenue Act of 1937, as added by the Act of May 16, 1938 (D. C. Code, 1940 edition, sec. 47-2402), is hereby continued as an agency of the District government. Any vacancy occurring in such Board shall be filled by appointment by the Mayor with the approval of the District Council.

REDEVELOPMENT LAND AGENCY

SEC. 1204. (a) The District of Columbia Redevelopment Land Agency, established by section 4 (a) of the District of Columbia Redevelopment Act of 1945, is hereby continued as an agency of the District government.

(b) The powers of the Board of Commissioners of the District of Columbia (1) to appoint three members of the District of Columbia Redevelopment Land Agency, and (2) to fill vacancies in such three offices, which powers were conferred by section 4 (a) of the District of Columbia Redevelopment Act of 1945, shall be exercised by the Mayor with the approval of the District Council. Such appointees shall possess the qualifications listed in such section 4 (a). They may be removed by the District Council by resolution, after notice and opportunity for hearing, but only for neglect of duty or malfeasance in office. Notwithstanding any other provision of law, the incumbent of each of such three offices on the effective date of this subsection shall remain in office until the end of the term for which he was appointed unless the Mayor shall, with the approval of the District Council, sooner appoint a successor for the duration of the unexpired term.

EXECUTIVE OFFICERS

SEC. 1205. The District Council may by ordinance authorize any agency created or continued by this title to appoint an executive officer, who shall serve at the pleasure of the agency and be subject to the Classification Act of 1923, as amended.

TITLE XIII-ELECTIONS IN THE DISTRICT

BOARD OF ELECTIONS

SEC. 1301. (a) (1) There is hereby created as an agency of the District government a Board of Elections, consisting of five members. The first five members shall be the four individuals appointed by the President as members of the Charter Referendum Board and another individual appointed by the President after this title takes effect. The terms of office of the first members shall expire, as designated by the President, one at the close of December 31 of each of the following years: 1951, 1952, 1953, 1954, and 1955. The term of each subsequently appointed member (except in the case of an appointment to fill an unexpired term) shall be six years from the expiration of the term of his predecessor. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of his predecessor. When a member's term of office expires, he may continue to serve until his successor is appointed and has qualified.

(2) Any member of the Board of Elections appointed after this title takes effect (A) shall be appointed from among the qualified electors who reside and are domiciled in the District; and no individual shall be so appointed unless he executes an affidavit that he resides and is domiciled in the District; and (B) shall be appointed by the Mayor with the approval of the District Council, except that before the first Mayor takes office such appointment shall be made by the President.

(3) The District Council, after notice and opportunity for hearing, may by resolution remove any member appointed by the Mayor with its approval, but only for neglect of duty of malfeasance in office.

(b) The Board of Elections shall—

(1) maintain a permanent registry;

(2) conduct registrations and elections;

(3) in addition to determining appeals with respect to matters referred to in sections 1307 and 1311, determine appeals with respect to any other matters which (under regulations prescribed by it under subsection (c)) may be appealed to it;

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

(5) divide the District into appropriate voting precincts, each of which shall contain at least 350 registered persons;

(6) operate polling places;

(7) certify nominees and the results of elections; and

(8) perform such other functions as are imposed upon it by this title, section 802, and title XIX.

(c) The Board of Elections 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 nominations, registrations, and elections (in addition to matters referred to in sections 1307 and 1311) and for determination by it of appeals.

(d) The officers and agencies of the District government shall furnish to the Board of Elections, upon request of such Board, such space and facilities in public buildings in the District 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 Board of Elections shall not be subject to the direction of any nonjudicial officer of the District.

(f) Members of the Board of Elections shall hold no other office or employment in the District government. Not more than three members shall be registered members of the same political party.

(g) Each member of the Board of Elections shall be paid compensation at the rate of $1,500 per annum.

(h) The Board of Elections, and persons authorized by it, may administer oaths to persons executing affidavits pursuant to sections 1301 and 1307. It may

provide for the administering of such other oaths as it considers appropriate to require in the performance of its functions.

(i) The Board of Elections is authorized to use the registration lists and other materials transferred to it from the Charter Referendum Board, to the extent that such materials are suitable for the purposes of this title and section 802. (j) The Board of Elections may employ necessary personnel.

WHAT ELECTIONS SHALL BE HELD

SEC. 1302. (a) The Board of Elections shall conduct a general election in each year commencing with 1950.

(b) Each such election shall consist of a primary election and, if required by this subsection, a final election. Final elections shall be held as follows:

(1) If, with respect to an office to be filled in an election, no candidate receives a majority of the votes cast in the primary election for candidates for such office, a final election shall be held in which the candidates for such office shall be the two candidates who received the most votes so cast.

(2) If a legislative proposal authorizing the issuance of bonds is required by section 802 to be submitted for a referendum at an election, a final election shall be held for such purpose.

(c) Primary elections shall be held in October on the fourth Tuesday preceding the Tuesday in November prescribed for final elections, except that in the case of the 1950 election the primary election shall be held February 7, 1950. Final elections shall be held on the first Tuesday after the first Monday in November, except that in the case of the 1950 election, the final election, if required by subsection (b), shall be held March 7, 1950.

ELECTIVE OFFICES; TERMS OF OFFICE

SEC. 1303. (a) The offices of the District to be filled by election shall be the office of Delegate, the offices on the District Council, and the offices on the Board of Education. The offices on the District Council shall be numbered from 1 to 12, those on the Board of Education, from 1 to 8.

(b) The term of office of Delegate shall be two years beginning at noon of the January 3 of each odd-numbered year, beginning with the year 1951.

(c) The term of an office on the District Council or the Board of Education shall be four years beginning January 1 following the expiration of the preceding term of such office, except that (1) the first term of an even-numbered office shall begin April 1, 1950, and shall expire at the close of December 31, 1951, and (2) the first term of an odd-numbered office shall begin April 1, 1950, and shall expire at the close of December 31, 1953.

VACANCIES

SEC. 1304. (a) Any vacancy in the District Council may be filled by appointment by the Mayor with the approval of the District Council. Any vacancy in the Board of Education may be filled by appointment by the president of such Board with the approval of the Board. No person shall be qualified for appointment to any office under this subsection unless, if nominated, he would have been a qualified candidate for such office at the last election in an odd-numbered year conducted prior to or on the date the vacancy occurred. A person appointed to fill a vacancy shall hold office until the time provided for an elected successor to take office, but not beyond the end of the term during which the vacancy occurred. (b) If on June 30 of any year the office of Delegate is vacant, or an office on the District Council or on the Board of Education is either vacant or held by an appointed member, and if the unexpired term of such office is eighteen months or more, such office shall be filled at the next election. Except as provided in section 1312 (b), a person elected to fill a vacancy shall take office January 1 of the year following his election.

WHAT CANDIDATES ARE ELECTED

SEC. 1305. The candidate who receives a majority of the votes cast for candidates for an office to be filled in an election shall fill such office.

QUALIFIED ELECTORS

SEC. 1306. (a) To be qualified to vote in the District, it is not intended that a person be required to relinquish his rights in another jurisdiction.

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