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/~~/~:
POLICE RESERVES ON ACTIVE DUTY
HEARING
BEFORE
SUBCOMMITTEE NO. 4
OF THE
COMMITTEE ON
THE DISTRICT OF COLUMBIA
HOUSE OF REPRESENTATIVES
NINETIETH CONGRESS
SECOND SESSION
ON
H.R. 17502 and H.R. 16420
TO AUTHORIZE THE COMMISSIONER OF THE DISTRICT
OF COLUMBIA TO UTILIZE VOLUNTEERS FOR
ACTIVE POLICE DUTY
JULY 11, 1968
Printed for the use of the Committee on the District of Columbia
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON 1968
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COMMITTEE ON THE DISTRICT OF COLUMBIA
JOHN L; McMILLAN, South Carolina, Chairman
THOMAS G. ABERNETHY, Mississippi
WILLIAM L. DAWSON, Illinois
JOHN DOWDY, Texas
BASIL L. WHITENER, North Carolina
B. F. SISK, California
CHARLES C. DIGGS, JR., Michigan
G. ELLIOTT HAGAN, Georgia
DON FIJQUA, Florida
DONALD M. FRASER, Minnesota
BROCK ADAMS, Washington
ANDREW JACOBS, JR., Indiana
E. S. JOHNNY WALKER, New Mexico
PETER N. KYROS, Maine
JOHN DOWDY, Texas
B. F. SISK, California
G. ELLIOTT HAGAN, Georgia
DON FTJQUA, Florida
BROCK ADAMS, Washington
ANCHER NELSEN, Minnesota
WILLIAM L. SPRINGER, Illinois
ALVIN E. O'KONSKI, Wisconsin
WILLIAM H. HARSHA, Ohio
CHARLES McC. MATHIAS, JR., Maryland
FRANK J. HORTON, New York
JOEL T. BROYHILL, Virginia
LARRY WINN, JR., Kansas
GILBERT GlIDE, Maryland
JOHN M. ZWACH, Minnesota
SAM STEIGER, Arizona
WILLIAM H. HARSHA, Ohio
JOEL T. BROYHILL, Virginia
GILBERT GlIDE, Maryland
SAM STEIGER, Arizona
JAMEs T. CLARK, Clerk
CLAYTON S. GA5QUE, Staff Director
HAYDEN S. GARBER, Counsel
SUBCOMMITTEE No. 4
BASIL L. WHITENER, North Carolina, Chairman
(II)
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CONTENTS
H.R. 17502 (Whitener, Sisk, Abernethy, Fraser, Adams, Kyros, Steiger,
Zwach, Gude, Winn and Dowdy), a bill to authorize the Commissioner Page
of the District of Columbia to utilize volunteers for active police duty_ 1
11.11. 16420 (Steiger, Nelsen, Harsha, Broyhill, Winn, Gude, Jacobs,
Zwach, Adams and Fraser), identical bill I
Staff memorandum 3
STATEMENTS
District of Columbia Government:
Layton, Chief John B., Metropolitan Police Department 4
Moyer, Thomas F., assistant corporation counsel 4
Murphy, Patrick V., Director of Public Safety 4
MATERIAL SUBMITTED FOR THE RECORD
District of Columbia Government:
Fletcher, Thomas W., assistant to the Commissioner:
Letter dated March 14, 1968, to the Speaker of the House, sub-
mitting draft of proposed legislation 5
Letter dated July 22, 1968, to Chairman Whitener, submitting
additional information 20
Layton, John B., Chief, Metiopolitan Police:
Letter dated May 16, 1968, to Chairman McMillan, reporting on
H.R. 16420 24
Letter dated July 10, 1968, to James T. Clark, clerk, relative to
status of the police force in fiscal year 1968 and police cadet
program 25
Federation of Citizens Associations of the District of Columbia, Mrs.
Edward B. Morris, copy of letter of June 15, 1968, to Commissioner
Washington 27
(III)
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RESERVES ON ACTIVE DUTY
THURSDAY, JULY 11, 1968
HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 4 OF THE
COMMITPEE ON THE DISTRICT OF COLUMBIA.
Washington, D.C.
The `Subcommittee met, pursuant to notice, at 10 a.m. in Room 1310,
Longworth House `Office Building, Hon. Basil `L. Whitener (Subcom-
mittee `Chairman) presiding.
Present: Representatives Whitener, Abernetlity, Dowdy, Fraser,
Nelsen, G-ude, Zwa'ch, and Steiger.
Also Present: James T. `Clark, Clerk; Hayden S. G-arber, Counsel;
Sara Watson, Assistant `Counsel; Donald Tubridy, Minority Clerk;
and LeonardO. Hilder, `Investigator.
Mr. WHITENER. The Subcommittee will come to order.
We will proceed with `hearings on H.R. 17502, a bill which I intro-
duced along with Mr. Sisk, Mr. Abernethy, Mr. Fraser, `Mr. Adams,
Mr. Kyros, Mr. Ste'iger of Arizona, Mr. Zwach, Mr. Gude, Mr. Winn,
and Mr. Dowdy; and it similar `bill, H.R. 16420 by Mr. Steiger `of Ari-
zona, Mr. Nelsen, Mr. 1-larsha, Mr. Broyhill, `Mr. Winn, Mr. Gude, `Mr.
Jacobs, Mr. Zwach, Mr. Adams, and Mr. Fraser. `These bills would
authorize the Commissioner of the District of `Columbia to utilize vol-
unteers for active police duty.
(H.R. 17502 and H.R. 16420 follow:)
(H.R. 17502, 90th Cong., second sess., by Messrs. Whitener, Sisk, Abernethy,
Fraser, Adams, Kyros, Steiger, Zwach, Gude, Winn, and Dowdy on May 23, 1968.)
A BILL To authorize the Commissioner of the District of Columbia to utilize volunteers
for active police duty
Be it enacted by the senate and House of Representatives of the United states
of America in Congress assembled, That (a) the Commissioner of the District of
Columbia (hereinafter,"Co'mmissioner") is authorized to select, organize, train,
and equip as reserve police officers (hereinafter, "reserve officers") individuals
who may volunteer for duty in connection with the policing of the District of
Columbia: Provided, That the Commissioner shall, with respect to the selection
of such reserve officers, establish such standards relating to personal character
and physical and mental health, as will best insure the proper performance of
their duties: Provided further, That such reserve officers shall be given such
training in the use of firearms as the Commissioner deems `appropriate to the
performance of the duties to which they will be assigned. Reserve officers shall
have such of the powers, and perform such of the duties of regular officers and
members of the Metropolitan Police force of the District, as the Commissioner
may vest in and impose upon them. Reserve officers shall serve without com-
pensation, but otherwise shall be considered employees of the government of the
District of Columbia and members of the Metropolitan Police force for all
purposes and under all provisions of law except those relating to retirement,
insurance, health benefits, veterans' preference, or any other law under which
benefits are made available only to compensated employees' of such government,
(1)
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2
unless otherwise provided in this Act or in regulations adopted pursuant to this
Act. The provisions of the Act approved July 7, 1898 (30 Stat. 666; D.C. Code, sec.
1-215) or of any other law prohibiting the acceptance by the District of Columbia
of volunteer services shall not apply to the acceptance of volunteer services of
reserves police officers pursuant to this Act.
(b) The Commissioner is further authorized to make rules and regulations to
carry out the purposes of this Act, including, without limitation, (1) provisions
for suspension or dimissal of reserve officers, with or without trial, and (2) pro-
visions prohibiting, permitting, regulating, and controlling the possession, carry-
ing, and use by reserve officers of weapons (including firearms).
SEC. 2. (a) Reserve officers serving under the authority of this Act shall be
deemed to be employees of the District of Columbia for the purposes of eligibility
under subchapter I of chapter 81 of title 5, United States Code (relating to com-
pensation for work injuries), and any subsequent amendment thereto. Said sub-
chapter shall apply and be administered by the Secretary of Labor in the same
manner and to the same extent as if such reserve officer were a civil employee
of the District of Columbia injured while in the performance of his duty: Pro-
vided. That for purposes of benefit computation under said subchapter, regardless
of pay or status, such reserve officer shall be deemed to have had a monthly pay of
one-tweith of the current annual rate of basic compensation for a police private,
class 1. subclass (a), in the Metropolitan Police force who bad been employed
for the same length of time that the reserve officer bad been selected as a member
of the reserve force.
(b) For the purposes of section 8116(c) of title 5, United States Code, in de-
termining the rights of all employees of the District of Columbia, including re-
serve officers under this Act, the term "United States" shall be deemed to in-
clude the District of Columbia.
SEC. 3. The Commissioner is authorized to delegate any function vested in him
by this Act.
SEC. 4. Appropriations are hereby authorized to carry out the purposes of this
Act.
(H.R. 16420, 90th Cong., second sess., by Messrs. Steiger, Nelsen, Harsha, Broy-
hill, Winn, Gude, Jacobs, Zwach, Adams, and Fraser on April 2, 1968)
A BILL To authorize the Commissioner of the District of Columbia to utilize volunteers
for active police duty
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That (a) the Commissioner of the District of
Columbia (hereinafter, "Commissioner") is authorized to select, organize, train,
and equip as reserve police officers (hereinafter, "reserve officers") individuals
who may volunteer for duty in connection with the policing of the District of
Columbia: Provided, That the Commissioner shall, w-ith respect to the selection
of such reserve officers, establish such standards relating to personal character
and physical and mental health, as will best insure the proper performance of
their duties: Provided further, That such reserve officers shall be given such
training in the use of firearms as the Commissioner deems appropriate to the
performance of the duties to which they will be assigned. Reserve officers shall
have such of the powers, and perform such of the duties of regular officers and
members of the Metropolitan Police force of the District, as the Commissioner
may vest in and impose upon them. Reserve officers shall serve without com-
pensation, but otherwise shall be considered employees of the government of the
District of Columbia and members of the Metropolitan Police force for all pur-
poses and under all provisions of law except those relating to retirement, insur-
ance, health benefits, veterans' preference, or any other law under which benefits
are made available only to compensated employees of such government, unless
otherwise provided in this Act or in regulations adopted pursuant to this Act.
tI'he provisions of the Act approved July 7, 1898 (30 Stat. 666; D.C. Code, sec.
1-213) or of any other law prohibiting the acceptance by the District of Colum-
bia of volunteer services shall not apply to the acceptance of volunteer services
of reserve police officers pursuant to this Act.
(b) The Commissioner is further authorized to make rules and regulations to
carry out the purposes of this Act, including, without limitation, (1) provisions
for suspension or dismissal of reserve officers, w-ith or without trial, and (2)
provisions prohibiting, permitting, regulating, and controlling the possession,
carrying, and use by reserve officers of weapons (including firearms).
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SEC. 2. (a) Reserve officers serving under the authority of this Act shall be
~deemed to be employees of the District of Columbia for the purposes of eligibility
under subchapter I of chapter 81 of title 5, United States Code (relating to corn-
pensation for work injuries), and any subsequent amendment thereto. Said sub-
-chapter shall apply and be administered by the Secretary of Labor in the same
manner and to the same extent as if such reserve officer were a civil employee of
the District of Columbia injured while in the performance of his duty: Provided,
1~hat for purposes of benefit computation under said subchapter, regardless of
pay or status, such reserve officer shall be deemed to have had a monthly pay of
one-twelfth of the current annual rate of basic compensation for a police private,
class 1, subclass (a), in the Metropolitan Police force who had been employed for
the same length of time that the reserve officer had been selected as a member of
`the reserve force.
(b) For the purposes of section 8116(c) of title 5, United States Code, in deter-
mining the rights of all employees of the District of Columbia, including reserve
officers under this Act, the term "United States" shall be deemed to include the
District of Columbia.
SEC. 3. The Commissioner is authorized to delegate any function vested in him
by this Act.
SEc. 4. Appropriations are hereby authorized to carry out the purposes of this
Act.
STAFF MEMORANDUM, JuLY 11, 1968
E.R. 16420 (Mr. Steiger et al)-Volunteers for Police Reserves
.H.R. 17502 (Mr. Whitener et al)
PUBPOSE OF BILLS
These identical bills authorize the Commissioner to establish a reserve of vol-
unteer officers to supplement the Metropolitan Police force in the District of
Columbia.
PRESENT LAW
The D.C. Code (sec. 4-115) provides for appointment and regulation of special
policemen whose service is limited to private duty with a corporation or individual
who has District government approval for hiring such policemen; and Sec. 4-208,
permits the Director of the National Park Service to appoint and regulate special
policemen whose service is limited to duty within the areas under the control of
-the Park Service.
PROVI5ION5 OF BILL
1. Selection,. Under the proposed legislation, the Commissioner or his delegee
shall select reserves pursuant to established standards, train and equip them for
appropriate service; he may delineate the functions of such reserves, and may
regulate their suspension or dismissal and their possession and use of weapons.
2. Powers, etc. Reserve officers shall have such police powers and duties as are
*given them by the Commissioner, shall serve without compensation, and shall not
be eligible because of such service for benefits available only to compensated
employees of the District government, except those provided by the Act "or in
regulations adopted pursuant to this Act"-the exception included in the Act
relates to disability or death resulting from such service, the assumed salary for
-such purpose being one-twelfth the minimum salary on the Metropolitan Police
pay scale, adjusted for years of service.
COST
The District government estimates that the first year's cost of a 700-man re-
serve will be $224,000 for uniforms and equipment, and $70,000 per annum there-
after; no amount appears to have been included for training or for a reserve for
-disability or death liabilities.
Note: The cost of an additional 1,000 men on the Metropolitan Police force has
been estimated to be in excess of $16 million. It is not anticipated that the reserves
will assume the more dangerous duties of regular police, or that they will con-
tribute comparable hours of service.
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Mr. WHITENER. We have with us today several witnesses. I wouldi
like to inquire at this time if any of the witnesses-Patrick V. Murphy,.
Director of Public Safety; Chief John B. Layton, Metropolitan Police
Department; and Thomas F. Moyer, Assistant Corporation Counsel-
have prepared statements. If not, I will ask the three of you to come
up at the same time and we will hear from you in a rather informal
way, more in the way of a panel discussion.
Gentlemen, you may identify yourselves, unless the reporter prob-
ably already knows you.
STATEMENTS OF PATRICK V. MURPHY, DIRECTOR OP PUBLIC
SAFETY; CHIEF ~FOHN B. LAYTON, METROPOLITAN POLIOE DE-
PARTMENT; AND THOMAS F. MOYER, ASSISTANT CORPORATIOI~
COUNSEL, DISTRICT OF COLUMBIA
Mr. MURPHY. Thank you, Mr. Chairman. I appreciate the oppor~
tunity to come before the subcommittee and just state very briefly
that I feel this legislation would be of value to us in recruiting addi-
tional reserve police officers. It would provide us with the incentives
of making uniforms available to reserve police officers and affording
them some kind of protection should they be injured while on duty.
The incentives, in my view, would attract more men to the police
reserve unit and would encourage them to donate even more of their
volunteered service to the Police Department.
We have had a reserve corps for a number of years and they have
made a very valuable contribution to the department, especially dur-
ing times when we have had emergencies of one kind or another. These
men have assisted in the precincts and have assisted in patrol duty~
and with this legisaltion we feel we could call on the reserve officers
for additional assistance.
Chief Layton has had more experience than I have had with the
reserve corps, and I would appreciate the opportunity for Chief Lay-
ton to express his views.
Mr. WHITENER. We would be delighted to have them.
Chief LAYTON. Thank you, Mr. Chairman.
As Mr. Murphy has already indicatet, we have had since 1950 a
reserve corps working entirely on a voluntary basis. There has not
been specific legislative authority for it except to the extent the Com-
missioner is authorized by statute to appoint special officers for special
occasions in emergency situations and that sort of thing. Nevertheless,.
the reserve corps has operated on a voluntary basis. We have given
them a fair amount of training, both classroom training and on-the-
job training. They are used on a voluntary basis to assist in school
athletic events along parade routes on occasions when there are block
events and other events such as Christmas parties for children and
ball games. On Halloween we have their assistance at fire boxes to
prevent false fire alarms. So they have been used in a number of train-
ing situations and in addition to that on some special occasions where
there is need for greater manpower we have requested and the Corn-
missioner under the statute that I previously mentioned has author-
ized the reserve corps members to be commissioned for that day as
special officers of the force. At that time they have the same powers
of arrest as the regular officers have. They were used during the in-
augural; during the 1963 rally for jobs and freedom the so-called Free-
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dom March; last October they were used during the march against
the Pentagon the anti-Vietnam rally; and they have been used more
recently during the early months of this year on special occasions.
These reserve officers have on some of these occasions worked a fairly
extensive number of hours. For instance during the 1964 inaugural
they worked some 2300 man-hours of duty. Last October, during the
anti-Vietnam rally, again they worked some 2300 man-hours.
The bill, H.R. 17502, does provide for what I think would be addi-
tional incentives to the recruitment of reserve officers. These officers
now have no provision made in the way of insurance or protection in
the event of injury. This bill would do that and thus specifically pro-
vide statutory authority for recruiting and training a reserve corps.
So I would add my voice of support for the enactment of this bill.
Mr. WHITENER. Thank you.
Mr. Moyer?
Mr. MOYER. Thank you, Mr. Chairman.
I would just like to sum up what the District has proposed.
On March 14, 1968, we submitted to the Speaker of the House draft
legislation which you introduced as H.R. 17502 and Mr. Steiger intro-
duced as H.IR. 16420.
As the Chief and Mr. Murphy have stated, the Metropolitan Police
have a reserve corps which they have used for a number of years
with great success, but this legislation would authorize the Depart-
ment to pay the cost of uniforming and equipping these reserve police-
men. Presently they have to provide uniforms at their own expense.
In addition, this bill would provide for some type of compensation
if the reserve officer is injured or killed while helping the regular
police. Presently they are not covered at all. These are the two basic
provisions in the bill.
We stated in our letter of March 14 that it is not the intent to replace
regular police officers with these reserve officers. The reserve officers
would not be carrying out all the functions `of a regular police private
and would not be engaged in serious situations, but there are a number
of tasks they can perform around the station house or helping the
regular officers in scout cars or otherwise helping the regular police
officers, and we feel these people should be encouraged and that this
legislation would encourage them.
Mr. WHITENER. The letter of March 14 addressed to the Speaker by
the Commissioner will be made a part of the rec'ord at this point.
(The letter follows:)
GOVERNMENT OF THE DISTRICT OF COLUMBIA,
EXECUTIVE OFFICE,
Washington, March 14, 1968.
The Honorable the SPEAKER,
U.S. House of Representatives,
Washington, D.C.
M~ DEAR MR. SPEAKER: I have the honor to submit herewith a bill to authorize
the Commissioner of the District of Columbia to utilize volunteers for active
police duty.
The purpose of the bill is to authorize the District Government to "select,
organize, train, and equip reserve police officers for duty in connection with the
policing of the District of Columbia." The Commissioner would, in addition, be
authorized to bestow upon such police reserve officers such of the powers and
duties of regular officers and members of the Metropolitan Police Department
as he may deem necessary and proper. The bill also provides that reserve officers
shall serve without compensation, but otherwise shall be considered employees of
the government of the District of Columbia and members of the Metropolitan
~7-39O-68-2
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Police force for all purposes and under all provisions of law, with certain speci-
fied exceptions.
Section 1(b) of the bill authorizes the Commissioner to make rules and regula-
tions to carry out the purposes of the bill, including rules and regulations govern-
ing suspension or dismissal of reserve officers, with or without trial, and regula-
tions governing the possession, carrying and use of weapons (including firearms)
by reserve officers.
Section 2(a) provides that the provisions of law commonly referred to as the
"Federal Employees' Compensation Act" (5 U.S.C. 8101 et seq.) shall apply in
cases of injury or death of reserve officers. Since the reserve officers are not com-
pensated under the bill, they are deemed to have a monthly pay of one-twelfth
of the current annual rate of basic compensation for a police private, class 1,
subclass (a), in the Metropolitan Police Department, modified according to the
length of service, for the purposes of the Federal Employees' Compensation Act.
Section 2(b) makes applicable to reserve officers the provisions of section
8116(c) of title 5, providing that "the liability of the United States or an instru-
mentality thereof" under the so-called Federal Employees' Compensation Act
shall be exclusive. Further, in view of the fact that employees of the District of
Columbia are subject to the provisions of the Act, in like manner and to the same
extent as Federal employees (5 U.S.C. 8101), the limiting language in section
8116 (c), making as it does, a distinction between the United States and the Dis-
trict of Columbia, appears to be an inadvertence. Accordingly, in order to provide
for the equal treatment of Federal and District employees, insofar as the liability
of both governments under the Federal Employees' Compensation Act in con-
cerned, section 2(b) of the bill provides that the term "United States" as used
in the above-quoted phrase from section 8166(c) shall be deemed to include the
District of Columbia.
The District government believes that the objective of the bill in permitting
trained volunteers to assume certain active police duties with the Metropolitan
Police Department, and in freeing regular police officers for more comprehensive
protection of the District, is a desirable one. The use of police reserves in this
fashion can be expected to contribute greatly to the District's fight against crime
and to provide an effective tool in this effort. It is not, however, contemplated
that the reserve officers will be utilized in such manner as to require them to deal
directly with persons committing the more serious criminal acts. Nor will they
engage in actions which require highly professional performance on the part of
a regular member of the Metropolitan Police force. The reserve officers will sup-
plement, but will not be a substitute for, the regular members of the force, and,
while they may accompany the regular members of the force in the performance
of the duties of such regular members, the reserve officers will be used only for
those duties for which they are trained and qualified.
Reserve officers will not be:
Used for patrol duty in the high crime areas of the District;
Assigned to riot duty;
Permitted to make or participate in any search or seizure; or
Utilized for any police duty requiring a high level of qualified police per-
formance.
Notwithstanding the foregoing limitations on the use of the reserve officers, it
can nevertheless be expected that they will make a substantial contribution to-
ward the solution of the crime problem in the District, by freeing from the per-
formance of routine police duties the regular members of the Metropolitan Police
force, thereby allowing their use in high crime areas or in police activities re-
quiring the use of highly qualified personnel.
Of equal and perhaps even greater importance, the establishment of a police
reserve corps comprised of persons who may be assigned to perform their duties
in those areas of the city in which may be located their residences or places of
employment or business, of necessity will bring the community into a closer rela-
tionship with the Metropolitan Police force and promote better community-police
relations.
I believe that the benefits to be derived from the bill, as set forth above, will
exceed considerably the cost of establishing such a program, estimated at $224,-
000 for the first year, based on providing uniforms and equipment for 700 mem-
bers of the reserve, while the subsequent annual cost may approximate $70,000.
I am advised by the Bureau of the Budget that enactment of this legislation
would be consistent with the Administration's objectives.
Sincerely yours,
THoMAs W. FLETCHER,
Assistant to the Commissioner
(For Walter B. Washington, Commissioner).
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A BILL TO authorize the Commissioner of the District of Columbia to utilize volunteers
for active police duty
Be it enacted by the Senate and House of Representatives of the United States
of America in' Congress assembled, That (a) the Commissioner of the District
of Columbia (hereinafter, "Commissioner") is authorized to select, organize,
train, and equip as reserve police officers (hereinafter, "reserve officers") indi-
viduals who may volunteer for duty in connection with the policing of the District
of Columbia: Provided, That the Commissioner shall, with respect to the Se-
lection of such reserve officers, establish such standards relating to personal
character and physical and mental health, as will best insure the proper per-
formance of their duties: Provided further, That such reserve officers shall be
given such training in the use of firearms as the Commissioner deemsappropriate
to the performance of the duties to which they will be assigned. Reserve officers
shall have such of the powers, and perform such of the duties of regular officers
and members of the Metropolitan Police force of the District, as the Commissioner
may vest in and impose upon them. Reserve officers shall serve without coin-
pensation, but otherwise shall be considered employees of the Government of
the District of Columbia and members of the Metropolitan Police force for all
purposes and under all provisions of law except those relating to retirement,
insurance, health benefits, veterans' preference, or any other law under which
benefits are made available only to compensated employees of such Government,
unless otherwise provided in this Act or in regulations adopted pursuant to this
Act. The provisions of the Act approved July 7, 1898 (30 Stat. 666; D.C. Code,
sec. 1-215) or of any other law prohibiting the acceptance by the District of
Columbia of volunteer services shall not apply to the acceptance of volunteer
services of reserve police officers pursuant to this Act.
(b) The Commissioner is further authorized to make rules and regulations to
carry out the purposes of this Act, including, without limitation, (1) provisions
for suspension or dismissal of reserve officers, with or without trial, and (2)
provisions prohibiting, permitting, regulating, and controlling the possession,
carrying, and use of reserve officers of weapons (including firearms).
SEc. 2. (a) Reserve officers serving under the authority of this Act shall be
deemed to be employees of the District of Columbia for the purposes of eligibility
under subchapter I of chapter 81 of title 5, United States Code (relating to
compensation for work injuries), and any subsequent amendment thereto. Said
subchapter shall apply and be administered by the Secretary of Labor in the
same manner and to the same extent as if such reserve officer were a civil em-
ployee of the District of Columbia injured while in the performance of his duty:
Provided, That for purposes of benefit computation under said subchapter, re-
gardless of pay or status, such reserve officer shall be deemed to have had a
monthly pay as one-twelfth of `the current annual rate of basic compensation for a
police private, class 1, subclass (a), in the Metropolitan Police force who had been
employed for the same length of time that the reserve officer had been selected
as a member of the reserve force.
(b) For the purposes of section 8116(c) of title 5, United States Code, in
determining the rights of all employees of the District of Columbia, including
reserve officers under this Act, the term "United States" shall be deemed to in-
clude the District of Columbia.
SEC. 3. The Commissioner is authorized to delegate any function vested in him
by this Act.
SEC. 4. Appropriations are hereby authorized to carry out the purposes of this
Act.
Mr. WHITENER. We have gone into this matter in `the past. We had
opposition expressed from `the official circles of the government to
members of the reserve police organization carrying firearms. It was
the consensus of opinion `of the `Subcommittee `at that time that these
men should not be put on the `streets on police `duty without firearms
because it would not be consistent with what many felt. We further
felt that it would not be proper to ask these men to come without com-
pensation and work as police officers without being full-fledged police
officers while they were on duty.
I notice the `Commissioner, in his letter to the Speaker, lists several
things that these reserve `offic:lrs will not be called upon to do. One of
those is that t'hey will not be assigned to riot duty. I think this might
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well have to `be changed under some circumstances and I would hope
if we approve this `bill we will have something in the report which
will indicate that some~ of us on the Committee do not agree `with that
iposition. Only speaking for myself, I would hope that in the event of
Tiots these men would not be `directly used `in `a riot unless it became
:absolutely necessary, but that `they would `be used as support forces in
carrying `out the normal `and less spectacular phases of police work.
For example, if ri'ots broke out on Capitol Hill, the reserve forces
might `be placed in the Northwest section of the `C'ity where you have
pulled out your regular `forces `and where they could look after the
highways and streets and that sort of thing. Is that what you gentle-
men contemplate?
`Chief LA1~ox. Mr. Chairman, that would be my feel'ing about it.
We have already followed that type of concept `in the use we have made
of them so far.
Mr. WHITENER. If a riot breaks out in a given `section of Washington,
if we take the position stated in `the letter to'o literally, you would not
`call `the reserve forces on duty because `a riot exist's. I hope th'at is not
what is intended.
Mr. MIJRPHY. It is not the thought I had about it. My thought was
they would not be the front line of policemen, but they would be valu-
able `to us in backing up the regular police force `by working in the
station houses and doing other staff services.
Mr. WHITENER. Would you agree to our putting in the report, `if we
approve this legislation, `that it is not intended that the reserve officers
`would not in some cases `be used in riot du'ty under certain circum-
`stances?
Mr. MURPHY. It would `be n'o problem to me if we had language that
would `indicate in an extreme emergency we might call `on reserve offi-
cers, but we would call on the regular forces first.
Mr. WHITENER. Mr. Moyer?
Mr. MoYER. That is my understanding, that the regular officers
would be the first line.
Mr. WHITENER. I wish you had said in the letter words to the effect
that it is not contemplated that the reserve officers would be used in
riot duty except in extreme circumstances. Is that what you mean or
do you mean they will not be used, period?
Mr. MOYER. I feel sure the Commissioner means the reserve officers
would be used in emergency or riot situations but not in the first line.
Mr. WHITENER. One other thing that bothered us was the fact there
would be no workmen's compensation insurance available to the re-
serve officers who might be injured in line of duty. There was some
expression from the District Building that they did not like the idea
of doing this. The present bill would give each man while on active
duty the same workmen's compensation or Federal employees' com-
pensation protection that a policeman would be entitled to. But I
believe it does limit it. Suppose a captain in the reserve corps was
injured. He would not draw the same compensation under this bill
that a captain in the regular Police Department would draw, would
he?
Chief LAYTON. That is correct, Mr. Chairman.
`Mr. WIIITENER. What would be the basis for his injury or death
compensation?
PAGENO="0013"
9
Chief LAYTON. On page 3 of the bill, lines 18 and 19, it states,
"monthly pay of one-twelfth of the current annual rate c~f basic corn-
pensation for a police private, class 1, subclass (a), in the Metropoli-
tan Police force".
Mr. WHITENER. That would apply regardless of the rank of the
reserve officer, would it not?
Chief LAYTON. Yes, sir. That is the way I read it, Mr. Chairman.
Mr. WHITENER. And the rank of the reserve policeman would have
no bearing on the amount of compensation?
Chief LAYTON. That is my understanding of that language.
Mr. WHITENER. That is, the period of service as a reserve officer
would not change the amount of compensation?
Chief LAYTON. The period of service may, Mr. Chairman. It goes on
to say that "such reserve officer shall be deemed to have had a monthly'
pay of one-twelfth of the current annual rate of basic compensation
for a police private, class 1, subclass (a), in the Metropolitan Police'
force who had been employed for the same length of time that the
reserve officer had been selected as a member of the reserve force." So'
the period of service is recognized there.
Mr. WHITENER. So if a regular police private is now making $8,000
a year with one year of service, he and his counterpart in the reserve
force would draw the same amount of injury compensation?
Chief LAYTON. That is not quite right.
Mr. MOYER. Mr. Chairman, not quite. The reserve officers are not
put under the policemen's compensation system. They are put under
the Federal and District employees' compensation system, which is
somewhat less. A regular policeman, if injured in line of duty, is.
entitled to free hospitalization as long as he is injured, and if he is
retired he gets substantial benefits.
Mr. WHITENER. If the reserve officer is under the Federal employees"
compensation system the degree of his disability would be determined
by the compensation commissioner and the proper amount of compen-
sation for hospital and so on?
Mr. MOYER. That is right.
Mr. WHITENER. And a regular police officer is compensated with
regular pay during the period of his disability?
Mr. MOYER. That is right. I believe it would be a little less for the'
reserve officers than for the regular police officers.
Mr. WHITENER. Then a reserve officer, if injured, would not get
the same disability benefits as a regular officer?
Mr. MOYER. He would not.
Mr. WHITENER. So it would be more accurate to say he would re-
ceive the same benefits as a civilian employee receiving the same com-
pensation as a police private, class 1?
Mr. MOYER. Yes, sir. Say if he was in the first step, he would re-
ceive the same compensation as a Federal or District employee making
$8,000 at the time he was injured.
Mr. WHITENER. So let us take this injured reservist, private, class 1,
starting out with $8,000 a year. 17\Then the compensation commissioner
comes to make a determination in the case of the injured reservist,
the commissioner will treat him as though he had an annual salary of
$8,000 a year?
PAGENO="0014"
10
Mr. MOYER. Yes.
Mr. WHITENER. Do they go on a weekly wage?
Mr. MOYER. I think they go on a monthly wage and that is why
they go on the theory each month they would be presumed to get one-
twelfth.
Mr. WHITENER. If he was disabled for three months he would get a
percentage of the compensation paid a regular officer. They wouldn't
pay the full amount of salary, 60 percent or something like that?
Mr. MOYER. Yes, sir.
Mr. WHITENER. Off the record.
(Discussion off the record.)
Mr. WHITENER. Mr. Nelsen.
Mr. NELSEN. According to the letter from Mr. Fletcher the cost in-
volved in the first year is $224,000 and subsequent annual costs there-
after would be $70,000. Is the larger first year cost because of the
uniforms?
Chief LAYTON. Yes, Mr. Nelsen. The uniform cost would be the major
cost in that figure.
Mr. NELSEN. In the program as outlined it would seem to me there
would be a pretty good possibility it would stimulate the recruitment
of reserves, which would be a cadre from which to draw to supplement
the regular police force. Is this what is anticipated?
Chief LAYTON. I don't see this as a major factor in the recruitment of
the regular force. Most of the reserve officers we have now have some
other regula.r job, and a number of them would not be able to qualify
physically for a regular police job. There may be some, however, that
would b~ attracted to the Department because of this. We really look to
our cadet program as the prime source in the long run for recruitment
for regular positions.
Mr. NELSEN. On April I joined with a number of Members, including
Mr. Steiger, Mr. Whitener, Mr. Sisk, and others in introducing H.R.
16420. Are the two bills, H.R. 16420 and H.R. 17502, identical?
Chief LAYTON. Yes.
Mr. NELSEN. Mr. Chairman, I have to go to the Interstate and
Foreign Conimerce Committee now.
Mr. WHITENER. Mr. Gude.
Mr. GUDE. Thank you, Mr. Chairman.
Since the legislation was passed providing pay raises for police
officers, newspaper stories have indicated that recruitment has in-
creased. What is the present rate of attrition?
Chief LAYTON. 20 to 25 per month.
Mr. GUDE. Can you detect any changes as the result of the recent pay
raise legislation?
Chief LAYTON. It is a little early yet to get any extended experience
in it, but our experience over the years has been that with a pay increase
there is a reduction in the number of separations in the Department,
and we have seen in the short time the pay legislation has been in effect
what apparently is the same pattern, a decline in separations.
Mr. GUDE. In this committee there have been remarks from time to
time about the importance and necessity of police officers being sup-
ported by the officials of government.
I was extremely disturbed to see the statement a few days ago by the
Black united Front. But I was pleased to see that Commissioner ~Vash-
PAGENO="0015"
11
ington and Mr. Hechinger, the Chairman of the City Council, ex-
pressed displeasure with that statement, because I think it would be
demoralizing to the policemen on the beat. On the other hand, the Vice
Chairman of the City Council. Mr. Fauntroy, is a member of this
Black United Front and he indicates he wants to associate himself
with this statement. Could this be a damaging factor to the morale
of the policemen?
Mr. MtRPHY. I think, Mr. Gude, it is a factor. I would like to point
out that I promptly issued a public statement regarding the position
taken by `the Black United Front. I was very much disturbed by that
position, not only because I think it has a serious effect on the morale
of our police officers, but I think it is a dangerous thing for anyone
of any authority to imply that a tragic thing such as the killing `and
serious injury of police officers is justifiable. I think that is an ex-
tremely dangerous thing. I know the police officers have a very strong
feeling about that, and it is understandable. I am confident, on the
other hand, our police officers feel they are being strongly supported
by their sergeants and commanding chiefs. I know I am strongly sup-
porting them by having my assistant appear at the Corporation Coun-
sel's Office, go to the court, and we `have attempted to support the
policemen in every way. I think, however, when any public official is in
doubt about supporting our police officers it is a serious mat'ter.
Mr. GUDE. Unquestionably, it has a demoralizing effect on the police.
With ,your backing and the backing of Commissioner Washington
and the Chairman of the City Counsel I hope the statement by the
Black United Front will not affect the morale of the police. I am un-
alterably opposed to `any extreme movement, be it the Ku Klux Klan
or any other `type of extreme organization. Therefore I think the
member of the Council who is a member of the Black United Front
should remove himself from his office on the Council or from the orga-
nization.
Mr. WHITENER. I doubt that any police officer could be too sur-
prised at that sort of thing coming from that group or from the Vice
Chairman of the Council. I hope that won't bother them because when
the Vice Chairman was appointed that is what many of us thought
we would have to expect. I am not condemning anybody for appoint-
ing the wrong people to the wrong job, that is not our function in the
Legislative Branch, but that will not be the last time that fellow will
be associated with some nutty proposition. I hope the police officers
will not feel that reflects the feeling of the community, because the
Board of Trade people and the church people in the community don't
agree wi'th a fool statement made by 150 people who met on a Sunday
to say again what they have been saying all along to stir up this com-
munity. We have that type of people, unfortunately, in many areas of
the country. I notice one fellow has been spouting off on television. He
is from North Carolina. We are not proud of him. And I don't think
the people here are proud of this fellow.
Mr. GUDE. I realize this Black United Front represents a very small
minority. I think there is certainly a revulsion and a rejection by the
Negro people of Washington of that statement.
Mr. WHITENER. You wouldn't have these fine men who give about
2300 hours of their time if they felt that way. Men like that wouldn't
think of putting anything on that might make them look like they
PAGENO="0016"
12
were policemen if they thought the majority of people in the com-
munity felt that way.
Mr. Zwach.
Mr. ZWAOI1. As one of the authors of this bill I feel it has some merit
and I think a backup group of reservists is desirable. As a resident of
the District at 5th and H Streets I lost considerable confidence in the
city administration during the week of April 7 because it was my feel-
ing too little was done too late. As a former teacher I feel the way to
deal with situations of that kind is with firmness and fairness right
from the start. However, I had my faith renewed and my confidence
restored in the recent "U" Street operation. I thought earlier that one
million more policemen would not do much good, but I think you
were caught by surprise the first time. I don't think you expected it,
the Mayor didn't expect it. This last time you were not caught by
surprise. Is that correct?
Mr. MTIRPHY. I think that is the key to the problem. If we have the
warnings we can handle the problem, as was indicated on June 24.
Mr. ZWAOII. Would you say firmness and fairness right from the
start is the way to handle these things?
Mr. Munpny. I agree with you. I think that has been Chief Layton's
policy. During April, although we suffered considerable personal and
property damage and deaths,-
Mr. ZWACH. It is hard to understand how we can build a country by
tearing it down. And it is hard for me to tax my people, who are hard-
working agricultural people, to clean up and redo these things that are
done by people who are tearing down rather than building the country.
I want to help make Washington better and I was pleased to see you
did take a firm and fair stand after you had the first experience that I
felt you did not expect.
That is all, Mr. Chairman.
Mr. WHITENER. Mr. Steiger.
Mr. STEIGER. I, too, would like to take this opportunity to view with
alarm Mr. Fauntroy's statement. It seems to me the most damaging
effect on morale would be on the Negro community itself, which con-
stitutes the overwhelming majority of the victims of crime in the Dis-
trict of Columbia. I can't believe they would want to see the morale of
the Police Department shattered because they would be the direct
suffers. They should be assured that the Black United Front is a
miniscule organization and that the efficiency of the Department will
not be hampered by any position they might take. I also hope Mr.
Fauntroy is fired from the City Council. That is my personal view.
I would like to ask some questions on the bill itself. It was felt by
Mr. Fletcher that we could, under this bill, generate an active reserve
force of about 700. Is that, in your estimation, a realistic figure?
Chief LAYTON. Yes, sir, that is with the number we presently have
to deal with and what we envision as a five to one ratio, five regular
officers to one reserve officer.
Mr. STEIGER. I would assume, then, that the $224,000 initial cost
figure and the $70,000 operational figure per annum thereafter, are
also realistic figures?
Chief LAYTON. Yes, sir. That is a good range based on the cost of
uniforms and equipment. We do find some increased escalation in
equipment costs but it would not be much above the $224,000 indicated
to equip 700 reserve officers.
PAGENO="0017"
13
Mr. STEIGER. Have you had experience in other jurisdictions with
reserve units that are more active or more sophisticated than the unit
here?
Mr. Mi:mruy. I have had experience with reserve type units in two
other police departments, Mr. Steiger, but, frankly, this unit here is
more active than in the other two jurisdictions and I think we have a
good base to build on here. It is just that I think it is an unfair hard-
ship to expect the men to purchase their own uniforms and to have no
protection, and I am encouraged that with these two additional attrac-
tions we will get more men and they will give us more of their time.
Mr. STEIGER. It has been expressed to me in private, since I was
author of the bill, that we `would `be arming a vigilante group. My
reaction to this is `that if indeed we have a vigilante type organization
it would seem to me that the `best place to have it would `be in the con-
trol of the Police Department.
Have you any reaction to th'is `charge?
Mr. MURPHY. I `think it is both Chief Layton's view and mine th'at
any arming of the officers would be on `a `selective basis and only under
those circumstances that we `feel w'ould warran't it.
As you point out reserve `officers would be under the supervision,
direction and control of the police officers through their precinct com-
mands and I think we can effectively cQntrol the situation.
`Chief LAYTON. I might add to that that we envision with this kind
of specific statutory authority, also, setting up specific rules and reg-
ulations for strict control or dismissing any officer from the reserve
force who might not measure up so that the control is built into it.
Mr. STEIGER. I have met only two of these active reservists. They
purchase their own uniforms `and give their time voluntarily without
any protection so far as injury is concerned. There appears to be a
high degree of interest in those now serving. It seems we are remiss in~
not mining this potential reservoir of dedication. If Mr. Murphy and
`Chief Layton think that this `bill `will provide the incentive to stabilize'
`and increase `the reserve I `think we would be equally remiss in not
passing this `bill.
I thank the Chairman.
Mr. DOWDY. I w'ant to first say that I was critical of the failures of
April. Now I want to compliment the June 24 action which demon-
strates that firmness and willingness to act and willingness to mak&
arrests and willingness to shoot, if necessary, will quickly bring mobs
and lo'oters under ~ontrol.
I `want to compliment you, Mr. Murphy, and the rest of you for the'
`action taken on June 24 for having placed no restrictions on the police
in enforcing the law on t'hat occasion.
`I think th'at should be a demonstration of proper police action not
`only here but in cities all over the'TJnited States.
We know what happened in Detroit `and Philadelphia, in prior
years, ordering police not to make arrests and do nothing `to looters.
You have demonstrated the effect of strict enforcement `of the law.
I should `add my comment about Fauntroy. I was not surprised at'
his action `or any of the other actions he has taken.
We in the South, `of course, can understand the `action `of one screw-
ball is not the action and feeling of ~ll the people. Other people in
other parts of the country do not understand th'at. When we h'ave some~
PAGENO="0018"
14
lunatic down South making some outrageous statement it is attributed
~to all the Southern people but we realize you have screwballs every-
where. We have them and New York has them.
As to the statement Mr. Steiger made that someone had told him his
~reserve bill would create an armed vigilante group, I think that some-
~one who would so construe the bill is one of those screwballs we have
reference to. I know that that would not be the case with the reserves
you have here. I think that all people who have any knowledge of it,
in a country which has the most general arming of the population, the
~country of Switzerland, you would not find a family in Switzerland
which does not have arms in their homes and they have less law viola-
tion perhaps than any other nation in the world. So it is another one
~of the lunatic statements that you would be arming vigilantes, by
~creating a police reserve.
Mr. WHITENER. Mr. Steiger was quoting and not making the state-
ment.
Mr. DowDY. I said the statement was made to him.
Mr. STEIGER. Thank you, Mr. Chairman.
Mr. DOWDY. Did I not make it clear?
Mr. STErnER. lunderstood, Mr. Dowdy.
Mr. DowDy. If I did not make it clear I will correct that. I was
~referring to a statement made to Mr. Steiger.
There is only one other thought which I have in connection with
the reserve. A few days ago, and let me preface this-I have had
people here and in other places who said they had been given a permit
to carry a gun to protect their business. I always said "Don't you dare
carry a gun whether you have a permit or not unless you are willing
to use it, if the occasion arises."
If there is limitation placed upon these reserves in the use of a gun
they should not have one with them because if they cannot use it they
~are likely to get themselves killed with their own guns just like the
officer who got killed with his own gun the other day. I don't know
whether there were restrictions on the police to use their guns, but
* certainly as to a man who has a gun, in the course of his duties or
otherwise, it is dangerous for him to have it with him if he will not
or cannot use it because otherwise somebody would take it away from
him and sh'oot hhm
When regulations are written up about this that should be borne
in mincL
Mr. MURPHY. I agree it would be dangerous to have a man carry a
gun and then say he may not use it under the circumstances where he
is authorized to use it, to protect himself from another citizen or to
make an arrest under appropriate circumstances.
I.agree with you. I think all we were intending to imply, Mr. Dowdy,
was that when a reserve `officer was appointed that he would not auto-
matically be armed immediately. He would go through training and
he would be authorized to carry arms on a selective basis.
I think Chief Layton has thought the problem through and perhaps
he would like to speak to this.
Mr. DowDy. They should be instructed completely and trained in the
use of the gun.
Chief LAYTON. Yes, sir. That expresses my feeling, Mr. Dowdy,
also, that the reserve officers are working a regular job separate and
apart from the police work which they do. Some of them put in more
PAGENO="0019"
15
hours than others. Some work only a few hours on occasion, so that
first of all I would not consider arming them automatically when they
are first brought into the service. There would need to be a period of
training, and then perhaps on a selective basis.
I also agree that once they are armed they should have and they
would have the same authority that any other police officer would have
that the law permits to use the weapon once he has been considered
by the officials that he has reached the point he should be armed.
Mr. DOWDY. The first gun I had was given me when I was nine years
old. My father spent more time telling me what not to do than he did.
in teaching me how to shoot straight.
I think it is well that young folks, and older ones, too, are told what
not to do with a gun.
That is all. Thank you.
Mr. WHITENER. Mr. Abernethy?
Mr. ABERNETHY. I have no questions. I would just like to first com-
mend the Policemen's Association for the statement which they issued
on yesterday or the day before. Also I would like to commend the
support which you, Mr. Murphy, and the other gentlemen have given
the Association regarding this so~called United Black Front. Per-
haps you are not in a position to comment as an official. Perhaps you
might comment as a private citizen on the position taken by this fellow
Fauntroy on that.
We feel you are left in the status of a divided government, you as
the head of the Police Department supporting the police, and the City
Council supporting the Black Front.
In think it is very unfortunate that people like Fauntroy are left
on the City Council, and I think the community was just as disap-
pointed last night as it was this morning when the Chairman of the
Council come out in support of Fauntroy, probably with a majority
of the Council, since the others have been so silent.
I don't know how you gentlemen feel about it but if I had appointed
that Council I would have them in my office this morning. I don't know
whether the President has called them in or not but if he has not he
certainly ought to.
It is not for me to say what the President ought to do, but the people
of this city are entitled to good police protection. You are obviously
trying to give it to them. Certainly you cannot give it to them unless
you have the support of the City Council which invidently you do not
have.
I suppose about all you can do is sit there and gulp. I wish you
might be able to say more. Maybe you can. I don't know.
Mr. GUDE. If the gentleman would yield, I was not aware of any
change in position as far as the Chairman of the Council was con-
cerned.
I know Commissioner Washington made his position clear about
this.
Mr. ABERNETHY. I heard this morning, I think it was this morning
or last night-
Mr. DowDY. It was in yesterday's paper.
Mr. ABERNETHY. -that the Chairman of the Council, Mr. Hech-
inger, came out in support of Mr. Fauntroy. I don't know of anybody
else supporting him except the United Front.
PAGENO="0020"
16
Mr. Gui~. I felt that all the city administration except the Vice
Chairman of the Council was opposed to the position of the Black
United Front.
Mr. ABERNETHY. Did the gentleman hear the radio comment?
Mr. GliDE. I am not aware of this other situation.
Mr. ABERNETHY. I think my hearing is good and that is what I heard.
If Hechinger did make that statement I am sure the gentleman would.
disapprove of it.
Mr. GTJDE. Absolutely.
Mr. ABERNETHY. That is all, Mr. Chairman.
Mr. WHITENER. Mr. Moyer, in looking at Title 5 of the United States
Code it appears that in the event of total disability or temporary total
disability a reservist would be limited to 66%% of his income base in
the event of injury. Is that right?
Mr. MOYER. I believe I saw that here.
Mr. WHITENER. I believe it would help us, if it would not be too
much trouble, for you or somebody down in your department to quickly
give us a brief summary of the application of the Federal Compensa-
tion Act to a reservist who may be injured or who may lose his life
in the service of the Police Department.
I am sure it would have to be an injury or death by accident which~
arises out of and in the course of his employment. I imagine that is
the test.
Mr. MOYER. Yes, Mr. Chairman.
Mr. WHITENER. If we can have that for the record I think it would
help. No doubt when the bill goes to the Floor there will be questions
asked about the compensation aspects with regard to injured reservists..
Another thing we might want for the record would be whether in
the opinion of the legal branch of the District Government a reserve
police officer would be in the same position as a regular police officer
in so far as the performance of duty was concerned, that is the law of
arrest and such matters as that.
Mr. MOYER. All right, sir.
Mr~ WHITENER. I don't thillk we, and I perhaps speak only for my-
self, would want Chief Layton to call these reservists into what we
might call a temporary active duty status and then not have that
officer vested with the same right to make an arrest which a regular
officer would make. If the bill does not give him that authority, or if
other existing law does not, we might want you to suggest Some
changes in the bill which would accomplish that.
I am assuming the other members of the Subcommittee would agree
with that.
We had an illustration a while ago. If you had arrived here on~
Capitol Hill and you called out your regular forces, say, from the
Northwest section of the city, and then Chief Layton sent up there
fifty reservists to do regular police work while the regular men were
down here in this more violent atmosphere, it would be sort of foolish,.
it seems to me, for that reservist to be up there and not be able to arrest
a robber or a drunken driver or other law violator.
Mr. MOYER. In the bill now on page 2, starting at line 10, there is
a statement to the effect that these reserve officers shall be considered~
regular police officers for all purposes, and so on.
PAGENO="0021"
17
Mr. WHITENER. You can include that view in the memorandum as
to what this would do and what his position would be.
Mr. MOYER. Yes, sir.
Mr. WHITENER. Chief, how many reservists do you have now?
Chief LAYTON. We now have on the roll, Mr. Chairman, 456.
Mr. WHITENER. Administratively do you have a staff or an indi-
vidual assigned to coordinating the reserve force with the regulars?
Chief LAYTON. Yes. We have one official now in our Special Opera-
tions Division. He is assigned there to coordinate the overall work of
the reserve corps.
Then in each precinct there is a Metropolitan Police officer who is
assigned as a coordinator for the reserve corps in that precinct, and
each precinct has reserve corps officials up to the rank of lieutenant.
Mr. WHITENER. If you go into a 700-man reserve program will that
not require additional administrative manpower to be utilized?
Chief LAYTON. I do not see a great increase, Mr. Chairman. There
might be some increase in the number of reserve officials, sergeants and
lieutenants. There might be some small increase in the Metropolitan
Police manpower for the administrative end, but I do not see a large
increase.
Mr. WHITENER. What about in the area of educational and training
programs?
Chief LAYTON. We perhaps will have to increase that somewhat.
We have, of course, been giving training to the members who are
now on the rolls, classroom training as well as on the job training.
One of the duties of the coordinator in the precinct is to coordinate
the training for the reserve officers, but we probably would want to
*increase that and it might be necessary to involve some of our train-
ing division staff in this.
Mr. WIUTENER. Does this cost estimate which you make take into
account that type of additional expense which might arise?
Chief LAYTON. No, sir, it does not. We do not view that as a large
increase. I think we can absorb this in our present activities, and the
dollar cost you have is largely for uniforms and equipment.
Mr. WHITENER. Do you have any impression as to the feeling of the
average regular police officer toward the reserve program? Would
there be any lessening of morale with your regular forces if you
~brought in these reserve forces in a more active way or would there
~be any lessening of efficiency and zeal on the part of the regular
forces?
Chief LAYTON. I do not believe so, Mr. Chairman. I am sure that
from the standpoint of the officials who frequently are hardpressed to
*put enough men in uniform on the streets that they welcome the op-
*portunity to have these additional reserve officers available to them.
This program which we have now on a voluntary basis has been in
effect since 1950. We have used on many occasions, special occasions, as
I previously indicated, reserve corps officers, and they have been used
to back up and to take the place `of regular police officers which we have
had to take out to put on the front lines, so to speak.
In times past we have used not only reserve corps officers but volun-
tary members of the Fire Department as well as members of the Na-
tional Guard, so the whole idea of increasing the available manpower
PAGENO="0022"
18
is something which is accepted by members of the Department gen-
erally.
Mr. WHITENER. Well, gentlemen, if you have no further comment I
express to you our appreciation for your presence. We will certainly
give this matter every possible consideration.
I believe we would like to hear from these gentlemen who are giving
their service in the reserve forces and get their views.
Chief LAYTON. We have Lieutenant Jani of the Eighth Precinct
and Lieutenant Fletcher from the 14th Precinct originally and now
assigned to our Special Operations Division.
Mr. WHITENER. Do you gentlemen have any comments you would
like to make for the record about the reserve proposal which this bill
contains?
Lt. FLETCHER. I have been a member of the Reserve Corps since
1950 and I think over the period of time I have given it a little better
tha.n 10,000 hours.
My experience with the Reserve Corps is one which I think all the
members feel that they are giving something which they should give
as citizens to help make this a better place for all of us to live.
I think that the bill now before us would be one of the greatest
morale builders for the Reserve Corps we can have, uniform insur-
ance. Those are the two things I hear them speak of most.
Mr. WHITENER. In your reserve program have you experienced any
difficulty in getting a quick response from the reserve members when
you needed them for some particular assignment?
Lt. FLETCHER. No. Most of my time has been in the 14th Precinct.
On all occasions that I know of we have gotten in very quickly a large
number. One night a little child was missing and as late as 11 o'clock
at night I had 5G men in there by 12 o'clock.
Mr. WHITENER. What have you found as to cooperation with regard
to employers with the members of your reserve forces generally?
Lt. FLETCHER. Generally I think it is very good. I work for the
Federal Government and if you stop to think how much 10,000 hours
is-last year I put in over 1300 hours, and that was because my officials
at work permitted me to be on administrative duty.
Mr. WHITENER. What about the private employers of some of your
people? Are they appreciative of the work of the reserve forces which
are employed by them?
Lt. FLETCHER. Yes. Some of the department stores downtown and
the utility companies have given us very good cooperation.
Mr. WHITENER. I would think that in your precinct the presence
of these reservists, whether in uniform or not, would have a very
salutary and wholesome effect and deter criminal activity more than
we ever would be able to estimate. What would be your view?
Lt. FLETCHER. I would agree with you, sir.
Mr. WHITENER. This may be as important as filling in on a beat some
night, the fact that you are there in a community and have some color
of authority as police officers. `Would you say that?
Lt. FLETCHER. Yes, sir. Even during the time there were a few
whiskey store holdups, we placed them outside in uniform. We always
feel that this helped keep the criminal away.
Mr. WHITENER. Do you have some thought on that point, Mr.
Murphy?
PAGENO="0023"
19
Mr. MURPHY. Yes, Mr. Chairman. I think you have identified some'
very important value `of the reserve officers. I think it is a fact, Lieu-
tenant, that most of the reserve officers reside in the precincts where
they donate their time to the Departmeiit and I am sure that has a
very salutory influence on residents of the precinct.
Mr. WHITENER. How about recruitment? We hear a lot about that
with regard to the regular policemen.
Do you have any difficulty in recruiting the right type of man t~'
join with you in your reserve group?
Lt. FLETCHER. We don't have too much problem. My experience is~
that sometimes we do not know what we have recruited. until after'
we have them.
Mr. WHITENER. Some presidential appointments are like that.
Mr. ABERNETIIY. Especially in the City Council.
Mr. WHITENER. This may not be true in the future, but if you wanted'
to fill `a few slots within your organization what sort of preliminary'
inquiries do you make before you give a man status as a reservist?
Lt. FLETCHER. Preliminary inquiry?
Mr. WHITENER. Yes. You have to get approval of the Police Depart-
ment. How do you go about that?
Chief LAYTON. That is done pretty much through the precinct co-
ordinator, Mr. Chairman, and the Headquarters office.
Obviously we check the record of arrests to see whether or not there~
is any record. If there is-
Mr. WHITENER. You can still do that here?
Chief LAYTON. Yes, sir, w~ can. `We cart do this for selection of police'
officers and reserve corps officers. We do check records of `arrest. W'e'
make some inquiry of their employment in the neighborhood.
Where they are known in the neighborhood we depend on reserve'
corps officials as well to give us some indication of whether the indi-
vidual is stable and one we feel would be a proper person to be ap-
pointed to the reserve corps.
Mr. WHITENER. if we are going to bring these people under the'
Compensation Act I would hope that you will have some way of at
least giving a medical examination. In my State a man with a physical'
condition which he aggravates because of some previous activity, and'
law enforcement may result in his being a charge on the taxpayer-
Chief LAYTON. `We currently give them physical examinations. Nat-
urafly we would continue to do that to determine whether or not there
was any ailment.
Mr. WHITENER. What about age qualifications?
`Chief LAYTON. We go to 65 as the qualifying `age now. They must
be a citizen and must reside in the Metropolitan area of the District
of Columbia, between 21. and 65 years, at least five feet six inches in'
`height, good mental and physical health, and character investigation.
is done.
Mr. `WHITENER. Lieutenant, you will have a good opportunity in this
questi'on. Have you ever found the police organization to be uncoopera--
-tive with you, either at the precinct or headquarters level?
Lt. FLETCHER. I can say with honesty and without hesitation that I
have received the greatest cooperation from the `Chief right on down..
Fortunately enough I met Mr. Murphy just before he became Direct'or
of Public Safety so when he came here he wasn't a stranger to me.
PAGENO="0024"
20
Mr. FRASER. I was interested in the question of the provision of
weapons to the reserves. Has that been discussed?
Mr. WHITENER. Yes, it has.
Chief LAYTON. We have discussed that, Mr. Fraser. We feel that the
reserves should not be armed except on a selective basis and certainly
not until there has been ample training of the reserve officer in the
use of the weapon and probably for a particular duty.
Once he is armed he would have the same authority, the same legal
authority, to use the weapon that a regular police officer has.
Mr. FRASER. He would be armed selectively and for specific purposes
and only after training?
Chief LAYTON. Yes, sir.
Mr. FRASER. Does the bill as it is now written give you that leeway?
It leaves the matter up to you?
Chief LAYTON. Yes. It provides there will be rules and regulations
which can be dra.wn.
Mr. FRASER. That is the policy you would pursue?
Chief LAYTON. That is correct, sir.
Mr. WHITENER. Mr. Moyer, counsel has asked me to put these ques-
tions to you:
If such a reservist receives a salary in excess of a policeman's private
pay in his regular employment with the Government or with a private
concern, would the compensation paid to him in the event of injury `or
death be on the basis of his salary, the provisions of this bill, or salary
in his regular employment?
As I understand the law, if he were injured in line of duty as a
reserve officer and he was an employee of the Government, as the
Lieutenant here is, the Lieutenant would not have any rights under
the Federal Employment Compensation Act in his regular employ-
ment now, would he?
Mr. MoYER. That is right.
Mr. WHITENER. I think the answer to that question is what I have
*said, and that is that he would be entitled only to Federal Compensa-
tion Act coverage under the bill, the present bill. Is that correct?
Mr. MOYER. Yes. I will include that in the memo we supply you.
Mr. WHITENER. If the employee is in private employment, does the
bill provide compensation based only on the pay of privates in the
Police Department regardless of the fact that his private pay may be
higher than that of a police private?
I imagine the same answer would apply. If he worked for the John
Doe Department Store downtown, the workmen's compensation cov-
erage of the John Doe Department Store would not come into play if
he should sustain an injury outside of his employment with the John
Doe Department Store. Is that correct?
Mr. MOYER. That is my understanding of the way those compensa-
tion acts work.
Mr. WHITENER. He should be limited in that situatiton, it seems to
me, to the provisions of this bill with regard to injury received as a
result of his work as a police reserve.
Mr. MOYER. That is my understanding of the way it would work.
Mr. WHITENER. If the Lieutenant has some sort of group insurance
in his employment generally those policies provide that no benefits
:are available to one who is injured in line of duty in his employment.
PAGENO="0025"
21
I think the provision of this Act may well knock a reservist out of
group insurance benefits. Of course, that depends on the policy he
would have.
I know that in liability policies, automobile liability policies, it is
generally provided that the liability carrier has no responsibility for
one who is injured in the course of his employment, and so on.
I wish you would give us information on this. I do not believe we
have a probability of a reserve police officer getting benefits from Fed-
eral Employment Compensation Act when he is acting as a reserve
officer and from his private and government employment at the same
time.
Mr. MOYER. I believe as far as other government employment is
concerned there is already provision in the bill saying that this will be
the only compensation received.
We will address ourselves to that in our memorandum to you.
Mr. WHITENER. It would be nice if he could get both if he is a public
spirited reservist, but I do not think it can be done. If he helps Chief
Layton do his job and somebody clobbers him over the head I would
like to see him get more than 66 and two-thirds percent of a police
private, first class, pay.
Mr. GUDE. I would just like to commend the Lieutenant for his fine
public service to the community without pay. It makes me even more
`enthusiastic as co-sponsor of the bill, which I would not be if I did not
have confidence in Mr. Murphy and Chief Layton.
I think it is a wonderful thing you have done for the community.
Lt. FLETcHER. Thank you, sir.
Mr. WHITENER. If there is any way you can figure out some language
which would help these folks get more than that 66 and % percent,
all right.
A reservist might well be making $16,000 a year in his regular Fed-
eral employment but yet if he gets injured when he is out here as a
patriotic and dedicated citizen serving in the Reserve Police Force be
can get only his compensation based on this police private first class
base.
`Mr. STEIGER. I am in complete sympathy with the Chairman's point
of view.
I would submit that for 18 years these gentlemen have had no pro-
tection, so this is a great advantage at this time and perhaps a modest
first step would be in order before we attempt to achieve-
Mr. WHITENER. We tried a first step several years ago and we did
not have the cooperation of the District Government then as we have
it now. I am delighted with this.
Mr. FRASER. I would think that with respect to people who work for
the `Government we could by law provide they would not be disquali-
fied from the other benefits. It would be only in the case of private"
employment with private insurance where I doubt that by law we can
rewrite their contracts for them.
Mr. WHITENER. Off the record.
(Discussion held off the record.)
Mr. FRASER. Mr. Moyer, would you indicate what the possibility
might be of writing a provision or an amendment to this bill which
would provide that a reservist who is injured in the course of his duty'
as a reservist could elect to take whichever benefits would be higher,
PAGENO="0026"
22
those provided in this bill or those which he would have had in con-
nection with his employment with the Federal Government?
Mr. WHITENER. You mean where the reservist is a Federal or Dis-
trict Government employee as well as being a reservist?
Mr. FRASER. That is right.
Mr. MOYER. We will certainly do that. Our situation is that the bill
which we set up several months ago was one which we had cleared
with the Budget Bureau and which had been agreeable to the Federal
Agencies.
We would have to check that out with them as well.
Mr. WHITENER. I think what we would like really is assistance in
draftsmanship and not policy. If you are not permitted to do that I
am sure Mr. Garber can get the Legislative Counsel's Office to do this.
I understand your limitation because of your situation but I do not
think we have that limitation.
While we appreciate the Budget Bureau's position I do not believe
it would be controlling with us as it would have to be perhaps with
you.
Mr. Mom. We are always available to help out in any drafting.
Mr. FRASER. It may be that the problem we think exists does not
`exist. You can check that out.
Mr. STEIGER. Is it your opinion that the compensation provided
under this bill would preclude the Federal employee from' receiving
his normal injury compensation?
Mr. MOYER. I believe if a Federal employee were injured in the
`evening while at home or doing anything else except while in Federal
employment he would not be entitled to compensation under Title V.
Mr. WHITENER. I think what Mr. Fraser is trying to say is that we
`would like to treat a Federal employee or a District of Columbia em-
ployee who is engaged in police reserve work and on duty so we can
figure out some way to make him an employee who comes under the
Federal Employees Compensation Act as a reservist, but if his employ-
ment salary is higher he would come under the same act at the higher
rate of pay.
I see nothing wrong with this where a man gives his time and is on
active duty. He is in government service and we would like to con-
sider giving him the option of taking the best choice for his family.
I do not believe we are talking about a great amount of money.
Mr. STEIGER. Lieutenant Fletcher, to your knowledge how many
reservists have been injured while supporting the police force?
Lt. FLETCHER. In my memory only one.
Mr. STEIGER. That probably answers the question.
Mr. `WHITENER. On the matter Mr. Fraser brought up, suppose you
work with Mr. Garber, our counsel. When we go into executive session
we will have this language and then we can decide what to do.
I think if the Lieutenant were badly injured, and I don't know
what size family he has, but if he had two or three small children, he
has given all this service, we would not want to let that family bear
the financial burden if he would be entitled to more money from his
regular employment.
He said a while ago he put in 1300 hours last year. A good bit of
it required leave to do.
PAGENO="0027"
23
If he took leave to go out and help Chief Layton and Mr. Murphy
I don't know that he should not get the highest possible compensation.
Lieutenant Jani, we have not heard from you.
Lt. JANI. We have been reading this bill and looking forward to
it. I think it would be a great help to recruit more men and enable
them to give better service to the District.
In reference to one question you had earlier, response to emergencies,
bac1~ in April when the disturbances first began, about midnight, I
called my five sergeants and within one hour I had 25 of my 35 enlisted
men at the precinct.
The response was excellent.
Mr. WHITENER. What do most of the men associated with you do in
private employment?
Lt. JANI. Tremendous variety. We have TV executive, several gov-
ernment employees.
Mr. WHITENER. What percentage would you estimate would be gov-
ernment employees?
Lt. JANI. Perhaps at least 20 percent are Federal or District Gov-
ernment employees.
Mr. WHITENER. Do you have any idea about whether their pay level
would normally exceed the $8000 a year?
Lt. JANI. Yes, sir, I know several who greatly exceed that.
Mr. WHITENER. How about you, Lieutenant Fletcher, and your
:group?
Lt. FLETCHER. Over in the 14th Precinct average salary would be
slightly below `or rioht at it.
Mr. WHITENER. ~o there again we would not be talking about much
money tf we gave them a choice.
Mr. MOYER. Not at all.
Lt. JANI. I am talking about two in particular that I know of. The
:average salary of the whole corps would not be too much greater be-
cause there are several young fellows just 21 or 22 years old.
Mr. WHITENER. Mr. Moyer, if you are going to talk to the Budget
iBureau, we are not talking about a whole lot of money and expense to
the Government if we gave this option.
I would like you and Mr. Murphy if you want too to give some
thought to this idea of Mr. Fraser.
Chief LAYTON. It strikes me that this is an appropriate area for
serious consideration.
Fortunately in our experience so far, where we largely use the re-
serve corps in on-the-job training, we have not had a large number of
injuries but it could happen.
It would seem to me that the proposition which has been voiced
here in this regard is very appropriate for further consideration.
In the event of a Government employee particularly who is at a
higher level of pay, and he becomes disabled because of police duty, it
would seem to me that he should be entitled to the higher rate of
compensation.
Mr. MURPHY. I would agree with that, Mr. Chairman. I think in
all fairness any citizen who donates his time and who takes the risks
involved should be fairly treated if he is injured. If his Federal salary
is higher than $8000 a year then I feel his compensation-
PAGENO="0028"
24
Mr. WHITENER. (36 and 2/3 percent of the higher pay?
Mr. MURPHY. Yes.
Mr. WHITENER. Frankly I do not think any of us thought about that
until Mr. Fraser raised the point. I doubt seriously whether you
thought of that.
Mr. MOYER. The question may not have come up. I had not originally
worked on this draft..
Mr. WHITENER. Lieutenant Fletcher gave us a few thousand hours
in free time.
Lieutenant Jani, how many hours did you give last year?
Lt. JANI. I `have not calculated my own hours. Lieutenants and ser-
geants were not eligible for any award so we did not calculate the
hours. It was not as high as Lieutenant Fletcher but it was several
hundred hours.
Mr. FRASER. It works out to about $4.00 an hour.
Mr. WHITENER. The Government would be getting a bargain. You
will not have many injuries. You will have many men who do not work
for the District or Federal Government. It would not `be very worth-
while for some fellow who has three or four little tots looking for
bread and meat every day.
I `thank you, Mr. Fraser, for mentioning this.
Is there anything else to be brought up or which you gentlemen
would like to say?
(No response.)
Mr. FRASER. Have we had any communication from people who op-
pose this bill?
Mr. WHITENER. We have never had anybody opposed to it except a;
District Commissioner at one time who opposed the main features of it..
I do not mean to be critical but at the time we took a flat position
that we would do nothing about it unless these people had some corn-
pensation for injuries in the line of duty.
`Mr. STEIGER. For the purpose of t:he record, this bill is recommended
by Mayor Washington, the. District of Columbia Crime Commission
of 1966, former `Commissioner Tobriner, and Mr. Malachy Harney,.
the District Consultant on Police Matters.
This ha.s had the endorsement. of all these people.
Mr. WHITENER. We certainly thank you, gentlemen, for being here..
We will now conclude our hearings and at the first opportunity we'
will try to have an executive session.
(Whereupon, at 11 :55 a.m. the hearing concluded.)
We will include in the record a. letter to Chafrman McMillan and
other information furnished by Chief Layton with regard to separa-
tions from the force, and other letters, a.s well as additional material.
to be furnished the Committee.
(The document.s referred to follow:)
METROPOLITAN POLICE DEPARTMENT,
Washington, May 16.1968.
Hon. JOHN L. MCMILLAN.
Chairman, Committee on the District of Coinmbia, U.s. House of Representatives,.
Washington, D.C.
DEAR CHAIRMAN MCMILLAN: I am writing with reference to proposed Bill HR.
16420, which would provide statutory authority for the operation of a Police
Reserve Corps and provide for compensation for work injuries sustained by mem-
bers of the Corps. As you are aware, this measure was introduced by Congress-
man Sam Steiger and nine other members of your Committee.
PAGENO="0029"
25
This Bill would give statutory authority for the operation of the Reserve Corps
which now numbers approximately seven hundred members. It also would provide
statutory authority for training, suspension and dismissal of Reserve Officers,
and controlling the possession, carrying, and use by Reserve Officers of weapons
while serving in limited law enforcement duties.
This legislation, in my view, would be of assistance to the Metropolitan Police
Department in our overall law enforcement efforts and I therefore recommend
the favorable consideration of this Bill by your Committee.
Sincerely yours,
JOHN B. LAYTON,
Chief of Police.
GOVERNMENT OF THE DISTRICT OF COLUMBIA,
METROPOLITAN POLICE DEPARTMENT,
July 10, 1968.
Mr. JAMES T. CLARK,
Clerk, House District Committee,
Washington, D.C.
DEAlt MR. CLARK: Pursuant to your request by telephone, made to Lieutenant
William F. Sturgeon, Jr., Personnel Division, on July 9, 1968, the attached infor-
mation relative to the number of separations and the number of appointments
insofar as the Metropolitan Police Force is concerned for the Fiscal Year 1968, is
forwarded.
You also requested information regarding our Police Cadet Program. The
Police Cadet Program was initiated in March of 1965. This Program is for young
men from seventeen and a half to twenty-one years of age. Upon reaching twenty-
one years of age, they are sworn in as Police Officers. In March of 1965, the De-
partment was authorized twenty-five Police Cadets. In November of 1966, the
Department was authorized thirty-five; and in November of 1967, an additional
twenty-five. This brings our present authorized strength to one hundred and six.
At the present time, we have one hundred Police Cadets in operation; six on
Military Leave; and nineteen have been appointed as Metropolitan Police Officers.
Trusting this information will be helpful to you, I am,
Sincerely yours,
JOHN B. LAYTON,
Chief of Police.
GOVERNMENT OF THE DISTRICT OF COLUMBIA-METROPOLITAN POLICE DEPARTMENT
Resigna-
Month tions
Retire-
ments
Transfer to
White
House
Disrnis-
sam
Deceased
Appoint-
ments
Actual
strength
(A)
(B)
(C)
(0)
(E)
(F)
(G)
1967
July 12 19 4 1 25 `2,739
August 9 12 1 1 1 10 2,725
September 9 6 15 2,725
October 7 12 13 2,719
November 5 11 2 24 2,725
December 6 10 26 2, 735
1968
January 9 10 2 81 2,795
February 4 11 7 2 59 2,830
March 7 8 1 65 2,879
April 11 17 2 1 1 73 2 920
May 16 17 2 1 50 2,934
June 16 12 3 1 66 22,968
Subtotals 111 145 21 4 8 507
Less total separations, cols. (A) through
(E) 289
Total net gain for the year 218
Actual strength, July 1967.
2 Actual strength, June 1968.
Note: The total authorized strength during the above period (fiscal year 1968) was 3,100.
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26
GOVERNMENT OF THE DISTRICT OF COLUMBIA,
EXECUTIVE OFFICE,
Washington, July 22, 196&
Hon. BASIL L. WHITENER,
Chairman, ,S'ubcommittee No. 4,
Committee on the District of Columbia,
U.$. House of Representatives, Washington, D.C.
DEAR MR. WHITENER: On July 11, i~68, during the hearing before your Sub~
committee on H.R. 16420 and H.R. 17502, identical bills "To authorize the Com-
missioner of the District of Columbia to utilize volunteers for active police duty",~
you asked Assistant Corporation Counsel Thomas F. Moyer to submit certain
information for the record concerning these volunteer police.
Initially, you asked for some assurance of the intent of the Government of
the District of Columbia that these volunteer policemen would have all the
authority of a regular policeman. We note that on page 2 of the bill, lines 5
through 18 provide, in pertinent part, as follows:
". . . Reserve officers shall have such of the powers, and perform such of
the duties of regular officers and members of the Metropolitan Police force of
the District, as the Commissioner may vest in and impose upon them. Reserve
officers shall serve without compensation, but otherwise shall be considered em-
ployees of the government of the District of Columbia and members of the
Metropolitan Police force for all purposes and under all provisions of law except
those relating to retirement, insurance, health benefits, veterans' preference,
or any other law under which benefits are made available only to compensated
employees of such government, unless otherwise provided in this Act or in
regulations adopted pursuant to this Act
This language comports with the intent of the District that, when the reserve
police are performing functions assigned to them, they shall have all of the
authority of a regular policeman. The District contemplates that, normally,
reserve police will be under the supervision of more experienced regular police.
You also asked what compensation for work injuries would be available to
reserve policemen pursuant to subchapter I of chapter 81 of title 5, United States
Code, as provided by the bills. These work injuries compensation provisions are
available to Federal and District employees generally and are administered by
the Department of Labor. An employee injured in the performance of his duties
is entitled to 662/3 percent of his pay while disabled. If he has dependents he is
entitled to 75 percent of his pay, subject to the limitation of 75 percent of the
monthly pay of the maximum rate of basic pay for GS-15 (presently $2,143 per
month, 75 percent of which would be $1,607.25).
In case of death of a District or Federal employee in performance of duty
leaving only a widow, such widow would be entitled to an annuity of 45 percent
of such employee's pay. If there were children, the widow would receive 40
percent and each child would receive 15 percent, for a total maximum percentage
of 75 percent. Alternative provisions are made for other dependent relatives of
the deceased employee.
Chapter 81 of title 5, United States Code, further provides for medical services
for disabled government employees (section 8103), vocational rehabilitation
(section 8104), and lump sum compensation for various permanent disabilities
(section 8107).
Section 8134 provides for payment of funeral expenses by the government not
exceeding $800, if death results from an injury sustained in the performance of
duty.
You also stated that the Subcommittee might consider, in the case of a police
reserve officer who is a District or Federal employee with a salary higher than
that of a police private, that such other salary should be considered as the
basis for determinining work injury compensation, when such person is injured
while serving as a reserve policeman. If the Subcommittee determines to con-
aider such a provision, this object can be accomplished by striking the period
in line 22 on page 3 of the bills and inserting in lieu thereof the following:
PAGENO="0031"
27
", except that benefits for a reserve officer who is an employee of the TJnite.d
States or the District of Columbia shall be computed on the basis of his salary
in such employment if such computation results in higher benefits for such re-
serve officer or his dependent."
The Government of the District of Columbia reiterates its recommendation
that this very desirable legislation be enacted.
Sincerely yours,
(S) Thomas W. Fletcher
THOMAS W. FLETCHER,
Assistant to the Commissioner.
(For Walter B. Washington, Commissioner).
FEDERATION OF CITIZENS ASSOCIATIONS
OF THE DISTRICT OF COLUMBIA,
June 15, 1968.
The Honorable WALTER WASHINGTON,
Commissioner, District 01 Columbia,
District Building, Washington, D.C. 20004
DEAR MR. WASHINGTON: In my rush to leave Washington the day after the
June meeting of the Federation of Citizens Associations, I was unable to get out
all letters concerning actions taken at that meeting on June 6. I do not have
copies of the formal resolutions with me nor any stationery, so this will have
to suffice and I shall merely give you the gist of these actions.
1. The Federation voted to support the Federation of Civic Associations
in its request for a curfew for teenagers and hopes that you will seek legis-
lation to that end. Something has to be done to curb the wave of violence
that now makes it unsafe for citizens of the District of Columbia to be on
its Street after dark and that manifests itself in other ways-arson, rock
throwing at buses, robbery of bus and taxi drivers, etc.
2. The Federation also endorsed pending legislation which would authorize
uniforms and, in case of injury incurred while on duty, compensation for
volunteers to assist the District's Metropolitan Police Department. I have
forgotten the number of the Bill which was considered by our Police and
Fire Committee but it was supported unanimously.
The Federation voted to request that every effort be made to have the
Federal rather than the District pay for costs resulting from the so-called
"Poor People's Campaign," as this certainly was not something sponsored
by or the responsibility of citizens of the District of Columbia and, in fact, it
caused considerable loss of tourist trade and therefore revenue which would
otherwise have accrued for the District.
We hope that you will find your views compatible with those of the Federation
and that you will do all in your power to implement these actions of the
Federation.
Very sincerely yours,
Mabel B. Morris,
Mrs. EDWARD B. MoRRIS, Secretary.
GEORGE W. BRADY, President
3023 44th Street NW.,
Washington, D.C. 20016
cc: Mr. Hechinger
Senator Bible
Representative McMillan
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