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4 Admin. L. News 1 (1977-1978)

handle is hein.journals/admreln4 and id is 1 raw text is: FALL COUNCIL MEETING The fall meeting of the Council of the Section was held on September 17, 1977, in Washing- ton, D.C. Over seventy-five officers, Council members, committee chairpersons and others were present, making attendance at this meet- ing the largest in recent years. Among the items considered by the Council was a report and recommendation from the Civil Service Law Committee that would revise administrative functions of the Civil Service Commission. As approved, the resolution reads: ... the present adjudicatory functions of the Civil Service Commission should be removed from the Commission and placed in a separate independent agency; and ... the present system for resolving Federal Government employee equal employment opportunity complaints, under which the initial hearing officer simply makes a recommended decision and the agency against which the complaint is pending makes the final decision, is inadequate to protect the rights of employees and applicants for employ- ment and should be changed so that decisions of the newly created-independent adjudicatory agency in the EEO area (as well as in other areas) should be final and binding on agencies. In accordance with the ABA Blanket Authority procedures, the above resolution has been sent to various interested ABA entities for clearance prior to its submission to the Civil Service Com- mission and the Task Force on Government Reorganization. As of this writing, the prospect of clearance is clouded by the possibility of ob- jection from at least one other Section. If clear- ance is not obtained under Blanket Authority, the resolution will be submitted to the Associa- tion's House of Delegates. Peter Wolff, Chairman of the Educational Ad- ministration Committee brought to the atten- tion of the Council a Joint Project of the ABA and the Institute of Judicial Administration on Juvenile Justice Standards. Mr. Wolff re- ported that the project has recently issued VICTOR G. ROSENBLUM Chairman twenty-three volumes of draft standards. One volume, Schools and Education is of particular concern to his committee and to the Section, and an analysis of the proposed Standards will be a major project of the Educational Ad- ministration Committee during the coming months. The Trade Regulation Committee, chaired by Terrence Murphy submitted a resolution com- menting adversely on the FTC's Final Rule ban- ning all ex parte communications in rule making proceedings (42 Fed. Reg. 43973-43974). The comments, which were approved by the Council, opposed new § 1.18(c), which reads as follows: Communications to Commissioners and their attorney advisors. Except as provided by the Commission, pursuant to § 1.14(a) of the Rules of Practice, after commencement of a trade regulation rule proceeding, no person not employed by the Commission shall communi- cate, orally or in writing, with any Commissioner or any member of a Commissioner's personal staff, with respect to the merits of that proceed- ing. If a prohibited communication does occur, the communication will be placed on the public record on receipt. In the case of an oral com- munication, the Commissioner or staff member shall place on the public record a memorandum setting forth the contents of such communica- tion and the circumstances thereof. Such com- munications or memoranda will not be part of the rulemaking record. The Section's critique of the new rule was sub- mitted to the FTC on October 3 pursuant to Blanket Authority procedures. Copyright © 1977 American Bar Association Produced by the ABA Press

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