COUNCIL OF THE DISTRICT OF COLUMBIA,
Washington, D.C., January 28, 1976.

Hon. GERALD R. FORD,

President of the United States,
The White House,
Washington, D.C.

DEAR MR. PRESIDENT: In accordance with the provisions of Section 404 (e) of the District of Columbia Self-Government and Governmental Reorganization Act (P.L, 93-198), submitted herewith are two acts (Bill 1-133, "Affirmative Action in District Government Employment act" and Bill 1-137, "The District of Columbia ShopBook Rule act") vetoed by the Mayor and reenacted by the required two-thirds of the Members of the Council present and voting.

Copies of the pertinent Committee of the Council's reports on these matters, as well as the Mayoral veto message and other pertinent documents are enclosed.

Respectfully submitted,

Enclosures.

STERLING TUCKER, Chairman.

AN ACT 1-87, in the Council of the District of Columbia, January 19, 1976, To insure the further development and specification of Affirmative Action employment plans by all District government agencies

Be it enacted by the Council of the District of Columbia, That this act may be cited as the "Affirmative Action in District Government Employment Act".

SEC. 2. The goal of affirmative action in employment throughout the District government is, and must continue to be, full representation, in jobs at all salary and wage levels and scales, in accordance with the representation of all groups in the available work force of the District of Columbia, including, but not limited to, Blacks, Whites, Spanish-speaking Americans, Native Americans, Asian Americans, females, and males. As used in this act, "available work force" means the total population of the District of Columbia between the ages of 18 and 65.

SEC. 3. Every District government agency shall develop and submit to the Mayor and Council an affirmative action plan. Such plan shall be submitted within 12 calendar weeks after the effective date of this act, and each year thereafter, at the time each agency's annual budget is submitted to the Council.

SEC. 4. Each plan shall state the number of females and males who are Black, White, Spanish-speaking, Native American, and Asian American, who would, by using the goal of their representation in the available work force in the District, be employed by the agency at the actual employment levels in the agency at the time the plan is submitted. Such numbers shall be broken down

(1) agency-wide;

(2) within each office in the agency; and

(3) within each pay level of each salary scale in the agency. These shall be the goals, not the quotas, of the plan. The plan shall also state the actual employment levels in the agency, broken down in the same way as the goals, and the difference between the actual employment and the goals.

SEC. 5. The plan shall state the number of hires and promotions the agency projects for the period until the next plan is submitted, and the number of hires and promotions of the groups enumerated in section 4, projected for that period. Such projections shall be broken down in the manner provided in section 4.

SEC. 6. The plan shall further state what actions the agency is taking to secure the equal employment opportunity within the agency of the groups enumerated in section 4, and of the aging, the young, the handicapped, and the homosexual citizens of the District, whether such citizens be actual or potential employees of the District government.

SEC. 7. Equal employment opportunity is a continuing responsibility of every agency, whether or not the hiring and promotion goals in affirmative action employment plans have been reached.

(1)

SEC. 8. The plan shall further state the number of hires, promotions, and terminations (due to retirement, death, reductions in service or force, lack of performance, disciplinary action, and all other reasons), and indicating the permanent, temporary, or probationary status of the terminated employees of, and personnel grievance and equal employment complaints instituted by, persons known to be members of the various classes specified in section 6, during the period since the previously submitted plan.

SEC. 9. The Mayor shall have the authority and is directed to detail, on a full-time basis, all persons who, on the effective date of this section, are employed, on a full-time basis, as equal employment opportunity officers and equal employment opportunity specialists by any agency of the District government other than the Office of Human Rights, and the Fire Department, to work in the Office of Human Rights as investigators or in other positions, all directly involved in the decision of equal employment opportunity cases instituted against the District government or any of its agencies. No person so detailed shall work on cases instituted against the agency from which the person is detailed, and in the case of the person so detailed from the Metropolitan Police Department, such person shall not be a uniformed employee of the Metropolitan Police force. The Mayor shall assign such details on the effective date of this section. The positions which such persons hold shall be transferred to the budget of the Office of Human Rights in and for Fiscal Year 1977.

SEC. 10. This act shall become effective at the end of the period provided for Congressional review of acts of the Council by section 602 (c) of the District of Columbia Self-Government and Governmental Reorganization Act.