Mr. ADLERMAN. But if a man was put on the payroll funded with OEO funds, Federal funds, making the same $200, then he would be exempt and could stay on the welfare rolls?

Mr. WASSMER. That is correct. Most of their income would be excluded.

I think you will find throughout the record in here numerous occasions where I say that the income was excluded, since it was OEO income.

Senator CURTIS. Did you interview any of these people?

Mr. WASSMER. The only man that I talked to was very brief. That was Mr. Brown, Mr. George Brown.

Senator CURTIS. I mean any of these 28 cases.

Mr. WASSMER. No, sir. No personal contact with them.

Mr. ADLERMAN. Did you find some cases like, for example, No. 13, where he had refused job training, and was rejected by welfare, but he was given a welfare grant immediately after starting work with WYEAC?

He reported a monthly income of $14. Actually, I understand he was getting close to $350 a month, or $330 a month.

Mr. WASSMER. I believe his income as shown on the chart is even higher than was reported to me. It is apparent he got an increase in salary, because he apparently got a promotion and increase in salary.

But this was one of the outstanding cases, Mr. Adlerman. This man came into the welfare department and applied for welfare. At the time he applied for welfare, he made a statement that he attempted to get work, but he could not get work because he was not trained.

He had been working previously for an office cleaning company, a relative of his. He was laid off, and when he came into welfare, he didn't have anything for his family at the time.

He said the last place he had been for employment the only thing that was available was arc welding. He would love to be an arc welder, but he wasn't trained for it, and therefore he couldn't get the job.

Immediately, the social worker, at least thinking that the man was interested in receiving an education in arc welding, immediately thought this is a person here that should be placed in a school for are welding, so she told him she would settle for him to attend school. that is, MDTA, and he could learn to be an arc welder.

Of course, with attending this school as an arc welder to learn are welding, I would judge that his income from the school would be approximately $400 a month or better, the benefits received through

this.

They settled on him to attend school. The first day he was supposed to attend, he was not there.

The school notified the welfare department he did not attend. The welfare department tried to contact him. They could not get hold of him.

They left a note. He called in. They asked him why he had not attended. He said he had a death in the family, and he had to make funeral arrangements for the cousin killed in Vietnam.

The social worker did not accept this as being a good excuse, because it was apparent he wouldn't make such arrangements, because the body would not be back for a month or more, and didn't accept it.

She said, "You be in school tomorrow. If you are not in school tomorrow, your grant will be cut off."

The next day he failed to return to school again. He just ignored it. Immediately, welfare was cut off.

A few weeks later, his wife came into the welfare department. She begged for help. She was told by the social worker that if her husband would get a job, or attend school, such as they set up for him, then there was welfare available for him. If he was not ambitious to do that, there was nothing for him.

She left, and he didn't attend school. He came back, himself, and applied, himself, again. They told him to either go to school or go to work.

He again ignored them.

About a week later, he got a job with WYEAC. Immediately upon getting his employment with WYEAC, he returned to the welfare department and notified them, "I am employed by WYEAC now. I want my welfare," and he was immediately given his grant.

Mr. ADLERMAN. Here is a man who was put on an annual salary of $4,200 or $4,300 a year. He had been refused welfare because he refused to learn a trade, but once he got a job with WYEAC, under a project partially funded by OEO at almost a hundred dollars a week, they put him on welfare?

Mr. WASSMER. Yes, sir.

I might add also that I noted from the social worker's notes that on one occasion, several occasions, she had called at the house. The normal procedure for social workers calling at a recipient's home is to write and advise them of the date and time they will be there.

On these specific dates that she wrote, the people were not at home, neither this subject nor his wife were at home.

She made a return visit the following day, and she knocked at the door several times-and this was approximately 11 o'clock in the morning-finally this subject did answer the door, and she said he was still in his night clothes. He had a bathrobe around him. He had just got up. He had been sleeping.

She attempted to talk to him. He was uncooperative. She asked him about the work. He said he didn't have to work, he just had to be there. Mr. ADLERMAN. I have no further questions.

Senator CURTIS. There are no further questions, unless there is some unfinished statement you wish to make.

Mr. WASSMER. No, sir.

Senator CURTIS. Thank you for your cooperation.

You are excused.

The committee will stand in adjournment until 10 o'clock tomorrow morning.

(Whereupon, at 5:20 p.m., the committee adjourned, to reconvene at 10 a.m., Wednesday, October 9, 1968.)

(Member present at time of recess: Senator Curtis.)

RIOTS, CIVIL AND CRIMINAL DISORDERS

WEDNESDAY, OCTOBER 9, 1968

U.S. SENATE,

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D.C.

The subcommittee met at 10:10 a.m., in room 3302, New Senate Office Building, pursuant to Senate Resolution 216, agreed to March 15, 1968, Senator John L. McClellan (chairman of the subcommittee) presiding.

Members of the subcommittee present: Senator John L. McClellan, Democrat, Arkansas.

Also present: Senator J. Caleb Boggs, Republican; Jerome S. Adlerman, general counsel; Joseph M. Mannix, assistant counsel; Robert J. Beatson, investigator; Walter S. Fialkewicz, investigator, on loan from the Bureau of Narcotics: and Ruth Y. Watt, chief clerk.

The CHAIRMAN. Come to order.

Call your first witness.

Mr. ADLERMAN. Mayor John E. Babiarz.

The CHAIRMAN. Will you be sworn, please, sir.

You do solemnly swear the evidence you will give before this Senate subcommittee will be the truth, the whole truth, and nothing but the truth, so help you God?

Mr. BABIARZ. I do.

The CHAIRMAN. The Chair will place in the record the agreement for the one-man quorum at this session of the committee.

(The agreement follows:)

OCTOBER 9, 1968.

Pursuant to Rule 5 of the Rules of Procedure which was amended by the Committee on Government Operations for its Senate Permanent Subcommittee on Investigations on June 3, 1965, and re-affirmed on January 22, 1968, permission is hereby granted for the Chairman to conduct hearings in open session without a quorum of two members for the purpose of taking testimony in the matter of OEO funds used to finance gang structures in Wilmington, Delaware under the so-called WYEAC Program, on October 9, 1968.

JOHN L. MCCLELLAN,

Chairman.

KARL E. MUNDT,
Ranking Minority Member.

TESTIMONY OF JOHN E. BABIARZ

The CHAIRMAN. Very well, Mayor, will you identify yourself for the record.

Mayor BABIARZ. I am John Babiarz, mayor of the city of Wilmington, Del.

The CHAIRMAN. How many years have you been mayor of Wilming

ton?

Mayor BABIARZ. This is my eighth year.

The CHAIRMAN. How many terms is that?

Mayor BABIARZ. This is my fourth term. I am on the last year of my fourth term.

The CHAIRMAN. You are welcome, Mayor. You have a prepared statement, I believe?

Mayor BABIARZ. Yes; I do.

The CHAIRMAN. I notice it is brief. If you care to, you may read it in the record.

Mayor BABIARZ. Thank you very much.

The Wilmington Youth Emergency Action Council was organized 2 years ago as an experimental attempt to resolve tensions among black youth street gangs in ways other than by "rumbles" and to unite older youth groups of different neighborhoods in a constructive program which hopefully would result in a "decrease in antisocial and lethargic activity and a corresponding increase in constructive and active involvement in the total community development effort.”

Since its founding, WYEAC has received the support of numerous responsible organizations in the Wilmington community including the Community Services Council of Delaware, the Wilmington Council of Churches, the Catholic Diocese, the Young Men's Christian Association of Wilmington, the Young Women's Christian Association of Wilmington, the Wilmington Monthly Meeting of Friends. and the Greater Wilmington Development Council.

These organizations provided WYEAC with counsel, manpower, and financial support. WYEAC has also received financial support, through Community Action of Greater Wilmington, Inc., from the Office of Economic Opportunity. The city of Wilmington itself was not directly involved in the funding or operation of WYEAC although we watched with interest its development because it was an attempt to deal with one of our major civic problems.

The WYEAC project was recognized from the beginning as a frank experiment a unique and imaginative attempt to convert black street gangs into citywide youth groups with constructive purposes.

It is my view, as mayor of Wilmington, dealing largely with results, that this attempt has failed and that the project as it was conceived, organized, and operated has not been successful. The Office of Economic Opportunity reached the same conclusion as indicated by its denial of funds for the coming year.

The failure of this experimental project can be measured other than in terms of the arrest and conviction of individual members of the organization, and the involvement of several of its members and its leadership in incidents which have led to prosecutions. It has failed be cause it has not attained its stated objectives. Moreover, WYEAC gives no indication of being able to achieve these goals in the future through its present and proposed programs.

There has been a growth, not a decrease, in active rival street gangs in the city and overt conflict still persists among them in spite of the WYEAC project. Moreover, the alienation of black youth from the mainstream of the community has not been significantly abated.

There are many reasons for the failure of WYEAC. They include the employment of personnel with criminal records with no real drive toward self-improvement, failure to deal effectively with personnel ar